INDEPENDENT EDUCATION UNION OF AUSTRALIA – QUEENSLAND AND NORTHERN TERRITORY BRANCH & QUEENSLAND CATHOLIC EDUCATION COMMISSION CATHOLIC EMPLOYING AUTHORITIES SINGLE ENTERPRISE COLLECTIVE AGREEMENT – DIOCESAN SCHOOLS OF QUEENSLAND 2010-2012 SUMMARY OF NEGOTIATED OUTCOMES JURISDICTION
TECHNICAL MATTERS Consultation (Clauses 2.1 and 2.2) Procedures for Preventing and Settling Disputes (Clause 2.3) Duration (Clause 1.2) Agreement Flexibility (Clause 2.4) Access to the award and the National Employment Standards
This provision is a mandatory requirement under the Fair Work Act 2009. These provisions provide for the consultation arrangements within your school / employing authority. This provision is a mandatory requirement under the Fair Work Act 2009. This provision outlines the dispute settlement procedures for your school / employing authority. This provision outlines the duration of the Agreement. The nominal expiry date for this agreement is 30 June 2012. This provision is a mandatory requirement under the Fair Work Act 2009. This provision outlines individual flexibility for an employee who has a genuine need for alternative working arrangements. This provision outlines an employer’s obligation to provide access to the Agreement and to the National Employment Standards.
(Clause 1.5) GENERAL CONDITIONS Salaries ((a) teacher wages are found at clause 4.1).
((b) school officers and services staff wages are found at clauses 4.2 and 4.3 respectively)
Superannuation (Clause 4.7) Termination Payments (Clauses 3.6.7 and 4.10)
(a) Teacher Wages: Catholic Employing Authorities have met the public sector minima of 4.5%, 4% and 4% (or $34 whichever is greater per annum). Graduate teacher rate of $56, 901 in 2011 has been established. In addition, a final increase will occur for employees classified at ET6 in April 2012 of $84,421 which places Catholic employees ahead of the public sector by approximately $1,100 at this point. Payments in 2010 and 2011 will be from July. (b) School Officers and Services Staff Wages: the public sector minimum of 4.5% (or $34 whichever is greater) in 2009, 4% (or $34 whichever is greater) in 2010, and 4% (or $34 whichever is greater) in 2011. Payments in 2010 and 2011 will be from May. This provision allows for superannuation co-contributions to be paid into an employee’s superannuation fund within fourteen (14) days of the end of each month by the employing authority. This provision sets out the conditions of payment of wages in the next full pay period after an employee has been terminated.
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This clause is provides clear steps for an employer to undertake when an employee has been overpaid. Namely:
(i) any deduction shall not reduce the employeeâ€™s fortnightly wage to less than either the minimum wage, or 75 per cent of the employeeâ€™s gross fortnightly income, whichever is greater; (ii) the minimum period over which the deductions can be made is 13 pay periods; (iii) any deductions will be made in equal instalments in each pay period, except for the final instalment which may be less than the preceding instalments; and (iv) at termination: (a)
where an employee agrees that they owe their employer money, any monies owed may be taken out of termination pay; where an employee fails to give the minimum prescribed notice of resignation, the employer shall have the right to withhold monies due to the employee up to a maximum amount equal to the ordinary time rate for the period of notice, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. This sub-clause shall not apply where an earlier resignation date is mutually agreed between the employee and employer.
(c) the employer is also required to provide the employee payment in lieu of notice, if the appropriate notice is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. Payment of Wages and Salaries (Clause 4.4) Annual Leave Loading Payments (Clause 4.8)
This clause allows employers to pay employees on a fortnightly basis by electronic funds transfer into an employee nominated bank account including the Christmas period. Individual employers will determine if it uses this provision. This provision sets out the options for employers for the payment of annual leave loading. Namely: (i)
in employer designated pay periods in December each year; or
where an employee has a salary packaging arrangement it may be agreed that the loading be paid fortnightly in the regular pay periods.
Annual leave loading for an employee (other than a teacher) shall be paid by one of the following methods: (i)
at the time of taking annual leave; or
where an employee has a salary packaging arrangement it may be agreed that the loading be paid fortnightly in the regular pay periods.
Where an employee takes annual leave at the conclusion of a school year, the annual leave loading due will be paid in employer designated pay periods in December of that year.
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Fixed Term Contracts (Clause 3.5) Work load/intensity of work (managing significant change) (Clause 9.8) Professional Development (Clause 9.7)
Redeployment (Clause 3.8)
Remote Area Schedule (Clause 9.12, Schedule 8 and Schedule 9)
This provision provides a clear process for an employee who is on a fixed term contract to apply for continuing status if they believe they no longer meet the requirements for an identifiable short term need. This provision applies to teachers, school officers and services staff. This clause is to assist employees and employers with managing workload intensification. Where significant change is introduced, a work impact study will occur. A work impact study will involve consultation with all employees potentially affected by the proposed change. This provision is to assist teachers to meet the Queensland College of Teachersâ€™(QCT) renewal requirements for teacher registration. Professional development provided at the school level should (where relevant) articulate to the QCT Professional standards. Teachers are to maintain their own records of professional development through the online reporting tool on the QCT website. Employers may provide advice to QCT of the roll of attendance at such professional development that meets the QCT requirements. This provision is for the employing authority and IEUA-QNT to negotiate a redeployment guideline with four underpinning principles. The guiding principles for continuing employees are: (i)
be offered maximum employment opportunities within the employing authority, including retraining, deployment, and redeployment;
be offered voluntary early retirement only after the options in (i) have been exhausted;
be provided with support, advice and assistance to facilitate transition to new employment opportunities, where continuing employment in the employing authority is not possible; and
not be subject to forced redundancy, other than in exceptional circumstances where redeployment is not an option and after a thorough consultation process designed to mitigate the negative impact on affected employees has been exhausted.
(a) ITAS: this clause is to extend the ITAS allowance to one additional centre. (b) Emergent Leave Days: this provision is to enhance the current provision to include Level 4 with two days per year emergent leave days. (c) IPRASS: this clause is to enhance the current IPRASS allowance arrangements to $720 per annum from 1 March 2009. (d) Extension of Thursday Island to Hammond Island: to extend the enhanced provisions from Thursday Island to Hammond Island. This will include provisions for accommodation, professional development, enhanced air fare allowance, and freight allowance to Hammond Island. (e) Secondary Teacher Relocation Support: this provision assists secondary teachers with timely notice of vacancies within their diocese, for teachers to provide expressions of interest, assisting with employment options and advising schools of teachers who are seeking to relocate.
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LEAVE ARRANGEMENTS Long Service Leave (Clause 6.3) Parental Leave (Clause 6.7) Annual Leave â€“ Teachers (Clause 6.1) Defence Force Reserve Leave (Clause 6.11)
Union Education Leave (Clause 6.14) Extended Unpaid Leave (Clause 6.13)
This provision enables employees to access long service leave at half pay. This means that employees under this clause may access their long service leave at double the period of time. This provision enhances the current arrangements for paid maternity/adoption leave to 14 weeks and enhances paid paternity leave to 10 days (not debited from sick leave) â€“ Provisions commenced on 7 September 2009. This provision clarifies the National Employment Standard of four weeks annual leave for Teachers. The four weeks of annual leave is deemed to occur at the summer vacation period. This provision allows employees to attend defence force reserve camps, courses and field exercises for a paid quantum of 10 calendar days per year. Where an employee attends training or other exercises during term time the employee is required to forward the employing authority any monies received, where additional staffing costs have been incurred by the employer in their absence. This provision has been updated to include contemporary organisations like Organising Works which provide union education seminars and/or workshops and include IEUA-QNT as a training provider. This provision enhances the unpaid leave entitlement to a maximum of 12 months duration which should normally occur within the calendar year. A subsequent application for consecutive unpaid leave may also be considered, in special circumstances. However, at least three years continuous service must be completed with at least 6 months notice given prior to going on extended unpaid leave.
FAMILY FRIENDLY CONDITIONS Job Share (Clause 9.5)
This provision sets out the requirements of job share and the facilitation of providing a job share registry where individual members can register.
CONDITIONS APPLYING TO TEACHERS Class Sizes (Clause 7.10)
Senior Administration and Positions of Added Responsibility (Clause 7.5 and Schedule 6) PAR Structures Review (Clause 7.5.2)
This clause is to assist in establishing measures for class size allocations so that it does not negatively impact on student learning and teacher workload. Where class sizes are in excess of specified numbers, consultation shall occur to establish measures to ameliorate any identified negative impact on student learning and/or teacher workload. This provision outlines the timing of release points for senior administration and positions of added responsibility. The points will be released in two tranches one from January 2010 and the other no later than January 2013 to ensure comparability of dollars expended in a similar sized Education Queensland school. This provision outlines the terms of reference for a Joint Working Party to review the current PAR structure. The Joint Working Party will be established by 31 October 2010. The Joint Working Party will provide recommendations by 31 October 2011 to Catholic employing authorities and IEUA-QNT. The Joint Working Party will make recommendations on the following: (i) The basis of the overall resource provisions for PAR
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and its allocation at a school level. (ii)
Contemporary PAR structures and operational provisions consistent with the operational needs of the school/employing authority in regard to pastoral, academic and any other positions of added responsibility: (a) Structures for primary, secondary (including 7-12) and P-10 / P-12 schools; (b) Appropriate payment and release time structures and levels within the established quantum of resources; (c) Appointment, tenure, renewal and termination provisions; (d) Appropriate role statements and selection criteria consistent with the structures; and (e) The impact of existing structures and contractual arrangements on any recommendations, structures and provisions, including recommendations for transitional arrangements.
Support for Graduate Teachers (Clause 7.7) Appointment Process – Senior Administration and PAR (Clause 7.6) Experienced Teacher 5 (AST 1 / Leading Teacher) (Clause 4.1.5 and Schedule 4)
Experienced Teacher 5 Transitional Arrangements (Schedule 4) Experienced Teacher 6 (Clause 4.1.6 and Schedule 5)
The recommendations shall take account of best practice, developments in other sectors and emerging contexts such as the National Professional Standards for Teachers and National Curriculum and Assessment, and be consistent with relevant industrial provisions. This provision provides assistance to graduate teaches in the process of becoming a registered teacher: support through an induction program; providing release time, mentors and professional development. This clause provides employers with fundamental principles in the appointment process of senior administration and PAR. This provision also outlines access to the grievance and dispute resolution process. This clause will now reflect common practice within catholic employing authorities. A proforma has been agreed to for annual review for employees classified at ET5. For this classification, employees are to note that there will no longer be a ‘re-application’ for this position rather an annual update. AST 1 and Leading Teacher are being phased out and there are transitional arrangements for employees who hold AST 1. Transitional arrangements shall apply to employees who are eligible for Experienced Teacher 5 with at least one year’s experience at B3S4. Employees who hold AST are eligible to transition to Experienced Teacher 5. This is a new classification for Catholic Employing Authorities. There is agreement on the following elements: (a) An ET6 will be defined as ‘a teaching practitioner who (significantly) contributes to effective teaching and learning in the school’. (b) Any teacher with four years experience at Band 3 Step 4 (ET4) at 1 July 2010 will be able to apply. (c) AST2 in BCE will be able to transition to ET6
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(d) In future years, transition provisions will be in place which enable recognition of years of experience at Band 3 Step 4 (ET4) until such time as the ET5 and ET6 are fully in place requiring a teacher to hold ET5 for a period of three years to be eligible for ET6. (e) Those who currently hold PAR positions will be able to apply for ET6. If successful they will be paid the higher of the ET6 rate or PAR rate for the position. This will be significant for those with a PAR 1 or PAR 2 point position. (f) The ET6 will be portable across all Queensland Catholic schools. (g) A validation panel will assess an employeeâ€™s application. (h) A teacher applying for ET6 will be required to provide a short response to each of five criteria (please see the ET6 fact sheet for further information on the criteria). (i) There is no tenure on ET6. (j) An appraisal process in accordance with the Agreed Appraisal Process for teachers will apply. (k) An appeal process consistent with the established grievance procedure will exist. Experienced Teacher 6 â€“ Transitional Arrangements
Transitional arrangements shall initially apply to employees who have at least 4 years experience at B3S4, PARs, employees who hold AST 1 and employees who hold AST 2.
(Schedule 5) CONDITIONS APPLYING TO SUPPORT STAFF Specialised Care Allowance (Clause 4.2.1 (g) and (h)) Special Project Allowance (Clause 4.2.3)
This provision enables school officers who may be involved in manual handling, hygiene procedures and medical needs to students to access an allowance equivalent to the First Aid Allowance at the commencement of the 2010 school year. This provision is for a school officer to undertake a project within the school and the following criteria must be met: (i) The employer requires a school officer to undertake responsibilities, or to exercise skills, at the level higher than the employees classified position for the purposes of undertaking a designated special project ; and such responsibilities or skills are not of such substantive nature as to affect the classification level of the employees position; (ii) The special project will only be for a fixed period of time, being at least one week, and will not be ongoing or indefinite in nature. A school officer who undertakes a special project shall be paid a weekly allowance of $35 which will be set out in Schedule 1 Wages, Salaries and Allowances.
Acting Position (Clause 4.2.4)
This provision allows for a school officer to act in a higher position for more than one week shall be paid at the first incremental step of the higher classification.
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Payment or banking of ordinary hours for School Officers (Clause 8.5) Payment or banking of overtime hours for School Officers (Clause 8.6) Range of Duties of Support Staff (Clause 8.7)
This provision allows for school officers to bank ordinary hours to be paid during school vacation periods (at ordinary rates).
This provision allows for school officers to bank overtime hours. Only the first three hours may be banked overtime; however if work is in excess of three hours an employee may take the additional hours as time-off-in-lieu. This provisions allows for school officers to be allocated additional duties determined by the Principal and be paid for any additional time involved. Additional duties are performed during an employee’s reasonable hours of work, employees will only perform additional duties where they have been given specific training and any other duties performed do not change the fundamental nature of an employee’s role. Allocated duties may include (this list is only indicative) yard duty, bus duty, supervision of students, collation of records, and any other additional duty required by the Principal.
CONDITIONS APPLYING TO GUIDANCE COUNSELLORS & COUNSELLORS Clarification of the various Counselling roles in schools and the background of counsellors has been reached.
Guidance Counsellors (Teacher) (Clause 9.1)
This provision outlines the criteria for a Guidance Counsellor within the Catholic School and is in place from the first full pay period in January 2010. An employee must meet the following two criteria: (i) a registered teacher with appropriated experience and demonstrated competency; and (ii) holds an appropriated degree with major studies in psychology from a recognised tertiary institution and completion of an approved post graduate counsellor training program of at least one year’s duration comprising academic course work, supervised practicum and a professional practices component with appropriate experience and demonstrated competency or other relevant qualifications which are acceptable to the employer.
Guidance Counsellors (without Teacher Qualifications) (Clause 9.2)
Employees who hold this position are responsible for implementing a counselling program, and utilise their professional skills in areas such as counselling, consultation, programming and psycho-educational assessment to address the relevant educational, personal, vocational and social needs of students within the school setting. In the wider context consultation is required with specialist and other personnel as well as various agencies in achieving service delivery. This provision supersedes the School Counsellor (without Teacher Qualifications). This provision now reflects the contemporary Guidance Counsellor (Without Teacher Qualifications) position within the Catholic context. A person in this position is a registered psychologist, or holds another acceptable degree by the Employing Authority with a minimum of two (2) years experience. The Guidance Counsellor (without Teacher Qualifications) role within the employing authority includes: to collaboratively design and/or implement a guidance counselling program, may be required to utilise their professional skills in areas including counselling, consultation,
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programming and psycho-educational assessment to address the relevant educational, personal, vocational and social needs of students within the school setting. In the wider context consultation is required with specialist and other personnel as well as various agencies in achieving service delivery. In addition to this the Guidance Counsellor (without Teacher Qualifications) is not required to be in attendance at the school, but may be called upon to attend meetings before and after school (including some evening work), for critical events (on weekends and during vacation periods), and respond to enquiries from parents and students about QTAC during school vacations. Counsellors (without Teacher Qualifications) (Clause 9.3)
The purpose of this provision is to provide specific provisions for employees who do not fall into the Guidance Counsellor provisions. A counsellorâ€™s role is to provide individual and group counselling services to students. A Counsellor (without Teacher Qualifications) is required to utilise their professional counselling skills to address the relevant educational, personal, vocational and social needs of students within the school setting. In the wider context consultation may be required with other personnel as well as various agencies in achieving service delivery. Employees in this position are not required to attend school during vacation periods.
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