pre-school (kindergarten) teaching staff award1
/ PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARDThis is a consolidated version of an award of the South Australian Employment Tribunal published pursuant to the provisions of the Fair Work Act 1994.
pre-school (kindergarten) teaching staff awardpart 11
PART 1 - APPLICATION AND OPERATION OF THE AWARD
OPDATE 26:11:2002 1st pp on or after
Clause 1.1 Title
OPDATE 26:11:2002 1st pp on or after
This award will be known as the “Pre-School (Kindergarten) Teaching Staff Award”.
Clause 1.2 Arrangement
OPDATE 12:12:2016 1st pp on or after
This award is arranged as follows:
1.2.1 By Part
SUBJECT MATTERCLAUSE NUMBER
PART 1 - APPLICATION AND OPERATION OF AWARD
Title1.1
Arrangement1.2
Scope, Persons Bound and Locality1.3
Duration1.4
Definitions1.5
PART 2 - AWARD FLEXIBILITY
Enterprise Flexibility Provision2.1
PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
Grievance and Dispute Settling Procedures3.1
PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
Anti-Discrimination4.1
Contract of Service4.2
Transfer Provisions4.3
PART 5 - SALARIES AND RELATED MATTERS
Incremental Progression5.1
Transitional Provisions5.2
Salaries of Officers Re-Engaged After Resignation5.3
Salaries5.4
Temporary and Casual Staff5.5
Higher Duties Allowance5.6
Term Leave Loading5.7
Travelling Expenses5.8
Advanced Skills Teacher5.9
Locality Allowances5.10
PART 6 - HOURS OF WORK BREAKS AND OVERTIME
Ordinary Hours of Work6.1
Meal Break6.2
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
Public Holidays7.1
Term Leave7.2
Personal Leave – Injury and Sickness7.3
Parental Leave7.4
Examination Leave7.5
Bereavement Leave7.6
Special Leave Without Pay7.7
Special Leave With Pay7.8
Leave and Continuity of Service7.9
Personal Leave to Care for a Family Member7.10
SCHEDULES
Schedule 1Teachers
Schedule 2Directors Standard Kindergarten/Directors Extended Services Kindergarten
Schedule 3Locality Allowances
1.2.2 In Alphabetical Order
Advanced Skills Teacher5.9
Anti-Discrimination4.1
Arrangement1.2
Bereavement Leave7.6
Contract of Service4.2
Definitions1.5
Duration1.4
Enterprise Flexibility Provision2.1
Examination Leave7.5
Grievance and Dispute Settling Procedures3.1
Higher Duties Allowance5.6
Incremental Progression5.1
Leave and Continuity of Service7.9
Locality Allowances5.10, Schedule 3
Meal Break6.2
Ordinary Hours of Work6.1
Parental Leave7.4
Personal Leave – Injury and Sickness7.3
Personal Leave to Care for a Family Member7.10
Public Holidays7.1
Salaries5.4
Salaries, TeachersSchedule 1
Salaries, Directors Standard KindergartenSchedule 2
Salaries, Directors Extended Services KindergartenSchedule 2
Salaries of Officers Re-Engaged After Resignation5.3
Scope, Persons Bound and Locality1.3
Special Leave Without Pay7.7
Special Leave With Pay7.8
Temporary and Casual Staff5.5
Term Leave7.2
Term Leave Loading5.7
Title1.1
Transfer Provisions4.3
Transitional Provisions5.2
Travelling Expenses5.8
Clause 1.3 Scope, Persons Bound and Locality
OPDATE 26:11:2002 1st pp on or after
1.3.1 This award will apply to the industry of the occupations of pre-school teachers and Directors employed by the Minister pursuant to Section 12 of the Children's Services Act, 1985.
1.3.2 This award is binding upon all persons engaged in the industry of the occupations of teachers and Directors employed by the Minister pursuant to the provisions of Section 12 of the Children's Services Act, 1985, whether as employers or employees and whether members of an association or not.
1.3.3 This Award does not apply to those persons who are for the time being subject to an Enterprise Agreement under the Act, but only to the extent of any inconsistency.
1.3.4 This Award applies throughout the State of South Australia.
Clause 1.4 Duration
OPDATE 26:11:2002 1st pp on or after
1.4 This Award came into force on 1June1990 and will continue in force subject to amendment or until rescinded or replaced.
Clause 1.5 Definitions
OPDATE 22:12:2009 on and from
AEU means the Australian Education Union SA Branch
Chief Executive means the Chief Executive of the Department of Education and Children’s Services and shall have the same meaning as Director General in the Education Act 1972.
Degree means-
(1) a degree conferred by the University of Adelaide, the Flinders University of South Australia, or any other University recognised by either of those Universities as granting degrees of equal standard to those granted by the first-mentioned Universities;
(2) an Advanced Diploma in Teaching awarded by any South Australian College of Advanced Education;
(3) a Diploma in Technology of the South Australian Institute of Technology which is recognised by the employer as being of at least equal standard to the degree of Bachelor of Technology.
Department means the Department of Education and Children’s Services, and where relevant its predecessors or successors in the State of South Australia.
Director means the teacher in charge of a kindergarten.
Duty days means:
(1) the days on which government primary schools are open or closed pursuant to Regulation 173 under the Education Act 1972, as amended, or by other formal direction;
(2) the Thursday and Friday immediately before the commencement of each school year;
(3) public holidays occurring other than in school vacation periods;
(4) days on which an officer or a relieving teacher is granted leave with pay including long service leave, sick leave or other special leave, but excluding week end days or vacation periods.
Employee means a pre-school teacher or a Director Kindergarten Services employed by the employer as a full-time or part-time employee.
Employer means the Commissioner for Public Employment.
Extended services means:
(1) a kindergarten which provides one or more significant and specialised services in addition to the service provided by a Pre-school teacher.
These specialised services are:
full day care;
a mobile or "satellite" kindergarten;
a mobile resource unit.
or
(2) a kindergarten which has a pre-school attendance in excess of 86 eligible children.
full-time employee means an employee whose hours of work are 36 hours and 15 minutes per week to be worked on Monday to Friday inclusive.
Minister will have the same meaning as is given to the word in the Children's Services Act 1985.
Part-time employee means an employee who works less than 36 hours and 15 minutes per week to be worked on Monday to Friday inclusive.
Pre-school teacher means a person engaged as a teacher in a kindergarten.
Pre-school kindergarten means a kindergarten which provides a sessional pre-school program for four to five year olds and any number of the following services:
(1) emergency or occasional care for children aged from several months to five years;
(2) after-school care;
(3) school vacation programs;
(4) playgroup leadership for children under five years of age and their parents;
(5) child development seminars for parents;
(6) teaching practice supervision for student teachers and other practice facility for student nurses, trainee psychologists, speech pathologists and the like, (provided that nothing contained in this clause is to be construed as to prohibit the AEU from pursuing an award entitlement for practical teaching supervision of student teachers);
(7) supervision of a parent-child resource centre;
(8) Liaison with migrant, Aboriginal and other minority groups etc.;
provided that the above services listed in points (1) to (8) are intended as a description of what may be offered by such a kindergarten rather than a prescription of what must be offered by a kindergarten.
Special Authority means a person employed for teaching who has not gained registration as a teacher in accordance with the Teachers Registration and Standards Act 2004.
Spouse includes a de facto spouse but, except in relation to parental leave does not include a spouse from whom the employee is legally separated.
Teaching experience means where an employee is appointed under the Children's Services Act 1985, experience gained teaching in a kindergarten, preschool or in a school from years Reception to Year 7 in South Australia as a fully or provisionally registered teacher or as holding an authority to teach in a kindergarten, preschool or in a school in years Reception to Year 7. It is also to include teaching in a kindergarten, preschool or in a school from years Reception to Year 7 outside of South Australia or work performed in other capacities which may fairly be equated with teaching as above described and which require an educational qualification.
Such experience will include relevant experience gained as:-
(1) a Director
(2) a teacher who is seconded to an administrative position within Children's Services
(3) a temporary relieving teacher and a temporary teacher (contract)
(4) Any other experience which, at the discretion of the Director, Children's Services, is considered as teaching experience.
Working day means a day between Monday to Friday inclusive but exclusive of term leave.
pre-school (kindergarten) teaching staff awardpart 21
PART 2 - AWARD FLEXIBILITY
OPDATE 26:11:2002 1st pp on or after
Clause 2.1 Enterprise Flexibility Provision
OPDATE 26:11:2002 1st pp on or after
2.1.1 In this clause a "relevant Association" means an organisation of employees that:
2.1.1.1 has an interest in this Award; and
2.1.1.2 has one or more members employed by the employer to perform work in the relevant workplace
[Note: The failure by an employer to give each relevant association an opportunity to be involved in the consultative process leading to the making of an agreement may result in the Commission adjourning or refusing the application to vary the Award.]
2.1.2 At each workplace, consultative mechanisms and procedures will be established comprising representatives of the employer and employees. Each relevant association will be entitled to be represented.
2.1.3 The particular consultative mechanisms and procedures will be appropriate to the size, structure and needs of the workplace.
2.1.4 The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the workplace according to its particular needs.
2.1.5 Where an agreement is reached at a workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this award, as it applies at the workplace, to be varied, an application to vary will be made to the Commission. The agreement will be made available in writing, to all employees at the workplace and to the associations having an interest in the Award.
2.1.6 When this Award is varied to give effect to an agreement made pursuant to this clause the variation will become a schedule to this Award and the variation will take precedence over any provision of this Award to the extent of any expressly identified inconsistency.
2.1.7 The agreement must meet the following requirements:
2.1.7.1 that the purpose of the agreement is to make the workplace operate more efficiently according to its particular needs;
2.1.7.2 that the majority of employees covered by the agreement genuinely agree to it;
2.1.7.3 that the award variation necessitated by the agreement is consistent with the requirements of Section 79 of the Industrial and Employee Relations Act 1994 (the Act).
pre-school (kindergarten) teaching staff awardpart 31
PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
OPDATE 26:11:2002 1st pp on or after
Clause 3.1 Grievance and Dispute Settling Procedures
OPDATE 26:11:2002 1st pp on or after
Any grievance, industrial dispute or matter likely to create a dispute should be dealt with in the following manner:
3.1.1 The respective parties are obliged to make every effort to ensure that these procedures operate effectively.
3.1.2 Unions and the Department should inform each other, in writing, of the names of their duly accredited representative responsible, in the first instance, for matters arising on the job. The union's appointed job representative(s) will be entitled to represent union members employed by the Department. The Department's representative(s) will be responsible for dealing with matters raised by the union's job representative(s).
3.1.3 If the employee is not a member of a union or is a member of a union and does not wish the union to represent them they are entitled to have a representative of their choice act on their behalf, providing the nominated representative agrees to provide representation.
3.1.4 The accredited representative(s) will make themselves available for consultation as required under these procedures.
3.1.5 The union's representative(s) or employee representative should discuss any matter affecting an employee with the supervisor in charge of the section or sections in which the grievance, dispute or likely dispute exists.
3.1.6 If the matter is not resolved at this level the union's representative(s) or employee representative should ask that it be referred to the Department's representative nominated above, who will then arrange a conference to discuss the matter.
3.1.7 The consultation process referred to above will be commenced within 24 hours of the grievance, dispute or likely dispute having been registered, or such longer or shorter period as may be agreed to by the parties.
3.1.8 If the matter is not resolved at the conference referred to above, the union's representative(s) will advise the appropriate official of the union of the issue and a conference will be arranged. If the aggrieved employee is not being represented by a union then they or their representative should arrange the conference. The conference must be attended by the official(s) and the union job representative concerned (provided that the Union so decides), or the employee concerned and their representative and by the designated Departmental representatives, which may include a representative of the Office for the Commissioner for Public Employment (if the Department so decides).
3.1.9 If the matter cannot be resolved employing the above procedures, the Department and the union or the employee and their representative should enter into consultation at a higher level, as the parties consider appropriate. At this level of consultation the Office for the Commissioner for Public Employment must be involved.
3.1.10 After consultation has occurred between the parties in accordance with these procedures, either party may request and be entitled to receive a response to its representations within a reasonable time as may be agreed to by the parties.
3.1.11 If the matter is not resolved in accordance with these procedures either party may refer the matter to the South Australian Industrial RelationsCommission.
3.1.12 Without prejudice to either party, and except where a bona fide health and safety issue is involved, work should continue on a status quo basis while matters in dispute are being dealt with in accordance with these procedures. A "status quo basis" will mean the work situation in place at the time the matter was first raised in accordance with these procedures.
3.1.13 If there is undue delay on the part of any party to the matter, the party complaining of the delay may take the matter to a higher level in the dispute process.
3.1.14 In the event of a party failing to observe these procedures the other party may take such reasonable steps as are considered necessary to resolve the matter.
3.1.15 These procedures will not restrict the Department, or its representative(s), or a duly authorised official of the union or the employee and/or their representative from making representations to each other.
For the purpose of this clause "employee representative" means a person that is not a union representative or union official and who is representing an employee in this procedure.
pre-school (kindergarten) teaching staff awardpart 41
PART 4 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS
OPDATE 26:11:2002 1st pp on or after
Clause 4.1 Anti-Discrimination
OPDATE 26:11:2002 1st pp on or after
4.1.1 It is the intention of the parties to this award to achieve the principal object of section 3(m) of the Act by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, religion, political opinion, national extraction or social origin.
4.1.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
4.1.3 Nothing in this clause is to be taken to affect:
4.1.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti discrimination legislation;
4.1.3.2 an employee, employer or registered organisation pursuing matters of discrimination in the State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
Clause 4.2 Contract of Service
OPDATE 26:11:2002 1st pp on or after
4.2.1 The Contract of Service will, in the absence of an express contract in writing to the contrary, be deemed to be a Contract of Service under which wages will be paid fortnightly and which may be terminated by either party on giving notice in writing of not less than 28 calendar days (of which not less than 20 must be working days) effective on the last working day of any term.
4.2.2 If the notice required by this clause is not given or if such notice is not effective on the last working day of any term the party failing so to comply will pay or forfeit to the other six weeks wages.
4.2.3 The employer may where in its opinion reasonable cause exists, waive strict compliance with the above and accept the notice of termination by the employee at any time.
4.2.4 The employer may dismiss summarily any employee without notice for misconduct, neglect of duty, incompetence or wilful disobedience of lawful and reasonable orders. Where an employee is so dismissed that employee will be entitled to payment for all work performed up to the time of dismissal only.
Clause 4.3 Transfer Provisions
OPDATE 26:11:2002 1st pp on or after
4.3.1 The employer may transfer staff from one kindergarten to another provided that the employer must act reasonably and on balance in the best interest of all persons concerned having regard to the circumstances.
4.3.2 If any employee is to be transferred from one kindergarten to another as a result of the employer's intention to vary the entitlement of kindergartens as to the number of employees or the employment hours of employees, the employer will, before notifying any employee, advise the AEU to this effect and provide to the AEU details of the positions affected.
4.3.3 Any employee transferred from one kindergarten to another and changes residence as a consequence of the transfer, will have household furniture and effects moved at the employer's expense under arrangements made or approved by the employer and in addition will be paid -
- a packing allowance, the amount of which will be determined by the employer;
- the cost of fares for the employee and his/her family;
- on the production of proper vouchers, such other expenses as the employer may determine, provided that such other expenses are in the opinion of the employer, necessarily and reasonably incurred by the employee and his/her family in connection with that transfer.
4.3.3.1 This subclause is subject to the following conditions:
4.3.3.1.1 Where the employee initiates a transfer, a minimum period of 3 years in his/her current kindergarten must apply and a minimum distance of 50 kilometres to her new employment location must be involved.
4.3.3.1.2 Where the employer initiates a transfer, a minimum distance of 50 kilometres must apply.
4.3.3.1.3 No expenses will be paid in respect of transfers within the metropolitan area as generally defined.
4.3.4 The employer may authorise the payment to an employee of an approved allowance to cover depreciation of and necessary replacements to his/her household furniture and effects.