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western australian catholic schools (enterprise
Bargaining) Agreement No. 4 of 1994
No. AG 159 of 1994
1.-TITLE
This agreement will be known as the Western Australian Catholic Schools (Enterprise Bargaining) Agreement No. 4 of 1994.
2.-ARRANGEMENT
1. Title
2. Arrangement
3. Parties to the Agreement
4. Scope of Agreement
5. Relationship to Parent Award
6. Term of Agreement
7. Expiration of Agreement
8. No Extra Claims
9. No Duress
10. Objects of the Agreement
11. Conditions of Employment
12. Probationary Employment
13. Salaries
14. Payment for Relief Teachers
15. Promotion Structure
16. Remote Areas Allowance
17. Long Service Leave
18. Parental Leave
19. Redundancy Provisions
20. Senior Teacher Level 3
21. Playground Duty
22. Flexibility in the School Day/Year
23. Professional Development
24. Professional Responsibilities
25. Dispute Avoidance and Grievance Procedure
26. Matters for Ongoing Discussion
Appendix - Resolution of Disputes Requirements
3.-PARTIESTOTHEAGREEMENT
This Agreement is made between the Dominican Priory Incorporated and the Independent Schools Salaried Officers' Association (the ISSOA), a registered organisation of employees.
4.-SCOPEOFAGREEMENT
This Agreement shall apply to all teachers who are covered by the provisions of the Independent Schools' Teachers' Award (1976).
5.-RELATIONSHIPTOPARENTAWARD
Except as provided by this Agreement, the conditions of employment of teachers employed in Catholic Schools in Western Australia will be in accordance with the Independent Schools' Teachers' Award (1976).
6.-TERMOFAGREEMENT
This Agreement shall come into effect on the date upon which it is ratified by the Western Australian Industrial Relations Commission, and shall expire on the 31st December 1995. The parties have agreed to meet no later than 6 months prior to the expiration of this agreement to review this agreement.
7.-EXPIRATIONOFAGREEMENT
On the expiration of this Agreement and in the absence of the registration of a subsequent Enterprise Agreement, the provisions of this Agreement shall prevail for the purposes of the conditions of employment that will apply to employees covered by this Agreement.
8.-NOEXTRACLAIMS
For the period of this Agreement there will be no further salary or conditions increased except where consistent with the State Wage Fixing Principles.
9.-NODURESS
This Agreement was not entered into by either of the parties under duress from the other party or any other person or persons.
10.-OBJECTSOFTHEAGREEMENT
In reaching this agreement the parties have recognised:
Catholicity -
· The need to maintain a just working environment in which education can be provided in harmony with the aims, objectives and philosophy of Catholic education.
Professionalism -
· A mutual responsibility to protect, develop and enhance Catholic education within the state of Western Australia.
· The need to safeguard and enhance the quality of teaching and learning in Catholic schools in Western Australia and the public perception of it.
Award Restructuring and Flexibility -
· The variety of educational and managerial arrangements that exist requiring flexibility in the application of regulations that govern employment practices.
· The need to consolidate and develop further, initiatives arising out of the award restructuring process.
· Productivity and efficiency have a growing influence in educational policies and practices.
Schools are expected to do more with the same level of resources, necessitating productivity and efficiency improvements which may be qualitative rather than quantitative.
11.-CONDITIONSOFEMPLOYMENT
The parties acknowledge that the document Conditions of Employment of Teachers in Catholic Schools in WA is a policy document of the Catholic Education Commission of Western Australia and as such applies to all teachers employed in a Catholic school in Western Australia.
The parties are committed to discuss the ongoing development of the ethos and obligations expected of a teacher in a Catholic School, consistent with the objects of this Agreement.
12.-PROBATIONARYEMPLOYMENT
When a teacher accepts an appointment within the Catholic system in Western Australia for the first time, it is understood that the appointment is probationary and as such is subject to professional appraisal in the second year of employment so as to confirm ongoing employment.
13.-SALARIES
The minimum annual rate of salary payable to teachers engaged in the classifications prescribed in Clause 11. - Salaries of the Award shall be:
(1) Payable on and from 1st October 1994 -
Step Salary($)
Step 1 21935
Step 2 23268
Step 3 25338
Step 4 26922
Step 5 28400
Step 6 29667
Step 7 30933
Step 8 32517
Step 9 34258
Step 10 35684
Step 11 36951
Step 12 38535
Step 13 40118
(2) Payable on and from 1st January 1995 -
Step 1 21935
Step 2 23268
Step 3 25805
Step 4 27419
Step 5 28924
Step 6 30214
Step 7 31505
Step 8 33117
Step 9 34891
Step 10 36095
Step 11 37325
Step 12 38863
Step 13 40400
14.-PAYMENTFORRELIEFTEACHERS
Notwithstanding the provisions of subclause (5) of Clause 11 - Salaries of the Award, relief teachers, employed for five (5) days or less, may be engaged by the day or half day. Half day is determined as the hours usually worked in a school prior to or immediately following the lunch break.
15.-PROMOTIONSTRUCTURE
The parties acknowledge that in some schools the structure of the promotion position framework contained in the Award may not fully meet the school's needs.
It is agreed that to the extent that the Award is inadequate, the school may implement a promotion position not consistent with the Award, however any such position shall carry with it an allowance agreed upon between the school and the ISSOA.
16.-REMOTEAREASALLOWANCE
Teachers shall be paid the allowances provided for as below in lieu of the allowances prescribed in subclause (1) of Clause 17. - Location Allowances of the Award.
Town Allowance $/week
Balgo Hills 61.10
Boulder 6.00
Beagle Bay 56.20
Billiluna 61.10
Broome 43.90
Carnarvon 18.90
Derby 45.80
Esperance 11.60
Gibb River 61.10
Kalgoorlie 6.00
Karratha 45.30
Kununurra 57.40
Lake Gregory 61.10
Lombadina 61.10
Port Hedland 42.20
Red Hill 54.00
Ringer Soak 61.10
Southern Cross 11.10
Turkey Creek 61.10
Wyndham 57.40
17.-LONGSERVICELEAVE
(1) As from 1st January 1995, a teacher's entitlement to paid long service leave for each year of service within the Catholic Education system, will accrue at the following rates:
(a) up to ten years of continuous service, 1.3 weeks for each year of service;
(b) for each subsequent year, 1.86 weeks for each year of service.
(2) Subject to subclause (5) of this clause, a teacher who on or from the 1st day of January 1995 has accrued a minimum entitlement of ten weeks' long service leave shall be entitled to take such leave.
(3) For any service prior to the 1st January 1995, the provisions of long service leave shall be that which is prescribed under the terms of the Award.
(4) The process required for the taking of leave shall be as follows:
(a) the employer shall advise the teacher of his/her impending entitlement to take long service leave prior to the completion of term three in the year preceding the entitlement becoming due;
(b) the teacher shall advise the employer no later than the commencement of term four of the preceding year of their intention or otherwise to take leave;
(c) where an agreement has been reached for the taking of long service leave and circumstances arise that necessitates an adjustment of such leave, then any request for the adjustment shall not be unreasonably withheld.
(5) Where the continuous service of a teacher during the period of accrual contains any period which is less than full time then that teacher's entitlement to long service leave shall be subject to a calculation which averages the full time equivalence of the teacher's service over the accrual period.
(6) The teacher continues to accrue long service leave entitlement for any period during which the teacher is absent on full pay from his/her duties, long service leave does not accrue for any period exceeding two weeks during which the teacher is absent on unpaid leave.
(7) (a) For the purposes of calculating long service leave entitlement the employer shall allow a break of service up to 6 months without penalty to the teacher. Such a break in service shall be deemed to be 'leave without pay' for the purposes of calculating that teacher's entitlement.
(b) The provisions of this clause shall not prevail if a teacher has been paid a pro-rata payment for accrued long service leave at the time of the break of service in accordance with subclause (1) of this clause.
(8) Vacation leave observed by the school shall count for the purposes of calculating a teacher's entitlement to long service leave.
(9) Any public holiday which occurs during the period a teacher is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted.
(10) Where a teacher has become entitled to a period of long service leave in accordance with the clause, the teacher shall commence such leave as soon as possible after the accrual date in a manner mutually agreed between the employer and the teacher by one of the following options:
(a) as a semester, with approved leave without pay for that portion which exceeds the long service leave period;
(b) as a term, with the excess entitlement being paid for in addition to the ordinary payment for such leave.
(Notation: For the purposes of this subclause a semester is defined as a combination of the school terms 1 and 2 or 3 and 4 respectively.)
(11) Payment for long service leave shall be made in full before the teacher goes on leave or by agreement between the teacher and the employer, at the same time as the teacher's salary would have been paid if the teacher had remained at work in which case the payment shall be made by arrangement between the teacher and the employer.
(12) Where a teacher has completed at least 7 years' service and employment is terminated -
(a) by the teacher's death; or
(b) in any circumstances, other than serious misconduct;
the amount of leave shall be such as has accrued under the provisions of subclause (1) of this clause.
(13) In the case to which subclause (11) of this clause applies, and in any case in which the employment of the teacher who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of employment otherwise than by death, pay to the teacher and upon termination of employment by death pay to the personal representative of the teacher upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he/she is entitled or deemed to have been entitled and which would have been taken but for such termination.
Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder.
(14) Accrued long service leave entitlements are portable between all Catholic schools in Western Australia and those schools subject to the Catholic Schools Long Service Leave Interstate Portability Agreement.
18.-PARENTALLEAVE
The employer will grant parental leave to teachers in accordance with current minimum provisions as contained in the Australian Industrial Relations Act (1993).
19.-REDUNDANCYPROVISIONS
It is agreed that should a position in a Catholic school become redundant then in calculating the years of service of a teacher, all continuous service within Catholic schools in Western Australia will be considered and not only the service completed at the current school.
The parties further agree that during the term of this Agreement the parties will negotiate a redundancy agreement using the Catholic Education Commission's policy 'Termination of Services of Staff Members - Redundancy' as a minimum provision for redundancy.
20.-SENIORTEACHER3
Notwithstanding prior agreement by the parties to the Award, any award amendment relating to the implementation of the Senior Teacher 3 classification shall not apply for the purposes of this or any subsequent agreement between the parties.
21.-PLAYGROUNDDUTY
Where a teacher is required to perform playground supervision, such supervision shall be so rostered as to allow a fair and reasonable midday meal break.
22.-FLEXIBILITYINTHESCHOOLDAY/YEAR
The parties are committed to consideration of flexibility in the timing and length of the school day and the school year to accommodate local circumstances and to meet changing curriculum requirements.
23.-PROFESSIONALDEVELOPMENT
Professional development has as its priority the upgrading of professional knowledge and skills.
Both the school and the teacher should share the responsibility of teachers' professional development.
In addition to courses provided in school hours, the parties accept that courses outside of school hours should be made available to teachers. Access to such courses should be at the discretion of the teacher.
In 1995 up to 30% of the professional development courses offered by the Catholic Education Office will be offered outside school hours. By 1996 this will be extended up to 50% of such courses.
24.-PROFESSIONALRESPONSIBILITIES
(1) The parties recognise that there are a wide range of duties and responsibilities that are included in the profession of teaching.
(2) The parties recognise that the following principles apply in addressing the fair and reasonable participation of teachers:
(a) Much of the life and culture of the school is derived from school activities involving teachers and students and conducted outside regular classroom contact.
(b) The efforts of teachers who contribute significantly to the life and values of the school should be recognised.
(c) Duty of care responsibilities must be considered in the planning of all activities conducted by the school.
(d) There will be collaborative planning between school and staff in the allocation of teachers to all activities conducted by the school.
(e) The competence, skills and qualifications of teachers, including part-time teachers, will be considered in the planning and allocating of activities conducted by the school, having regard for the teacher's professional development and family responsibilities.
(f) Some schools may have expanded educational programs which may require flexible employment arrangements.
(3) The parties are committed to discussing the implications of these principles in order to reach a common understanding with the view to supporting their implementation.