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DEED OF SETTLEMENT

This Deed is made the 1 day of August 2007. Between the parties: Queensland Independent Education Union of Employees, of 346 Turbot Street, Spring Hill, Queensland (“the Union”) AND Employees of John Paul College Limited for whom classifications and rates of pay are set out in Attachment A of this Deed, of John Paul Drive, Daisy Hill, Queensland (“Employees”) AND John Paul College Limited (ACN 010160371) in relation to its Employees, of John Paul Drive, Daisy Hill, Queensland (“the College”)

BACKGROUND: (a) The parties have reached agreement on various matters set out in Attachment A of this Deed. The parties wish to record in this Deed the agreement so reached, on the explicit basis that such agreements are to be legally enforceable between the parties, and to the extent that rights are conferred upon present or future employees of the College, by such employees against the College. (b) The parties note that in Queensland there is an explicit statutory provision in Section 55 of the Property Law Act 1974 under which, in accordance with the provisions of that section, promises made for valuable consideration moving from a promisee to a promisor may be enforced by a third party who is the beneficiary of that promise (subject to acceptance by that beneficiary). (c) The union has joined in this Deed solely for the benefit of its members who are or in future become employees and do not purport to represent the interests of persons who are not union members. (d) The employee representative who signs this Deed signs for the benefit of and behalf of all Employees who are not members of the union, with the intention that all Employees, regardless of union affiliation, will have the opportunity to accept the benefits provided in this Deed.

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THE PARTIES AGREE: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions Act means the Workplace Relations Act 1996 (Cth). AIRC means the Australian Industrial Relations Commission. Business day means a day on which banks are open for retail banking, other than a Saturday, Sunday or public holiday, in Brisbane, Australia. Deed means this Deed and the Attachment to this Deed. Employee means an Employee of the College whose terms and conditions of employment are, or purport to be, regulated by this Deed (including an Employee whose employment commences after the commencement of this Deed). Notice means a notice, certificate, consent, approval, waiver or communication given under this document. PSA means the Preserved State Agreement as defined by the Workplace Relations Act 1996, and specifically refers to the John Paul College Limited – Certified Agreement 2003. QIRC means the Queensland Industrial Relations Commission. Term means the term of operation of this Deed as described in clause 6 of this Deed. Union means the Queensland Independent Education Union of Employees, of 346 Turbot Street, Spring Hill in the State of Queensland. Workplace Agreement means a collective or individual agreement with statutory force regulating terms and conditions of employment. 1.2 Interpretation The rules for interpreting this Deed are as follows, except where the context indicates that a rule is not intended to apply: (a) The contents page, the Background and the headings are for convenience, and do not affect the interpretation of this document. (b) A reference to: i. Legislation (or subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes subordinate legislation issued under it;

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ii. The Deed, or a provision of the Deed, is to this Deed as amended, and includes the Attachment to this Deed; iii. A document, or a provision of a document, is to that document or provision as amended or replaced; iv. A party to this Deed, or a party to any other document or agreement, includes that party’s executors, administrators, appointed agents, permitted substitutes and permitted assigns; v. Any body or agency, if that body or agency has ceased to exist, is renamed, reconstituted, replaced or has its powers or functions removed, means the body or agency which succeeds the former body or agency’s powers and / or functions, and performs most closely the powers and / or functions of the former body or agency. (c) A singular word includes the plural, and vice versa. (d) If an example is given, or something is said to include something else, the example or statement does not limit the scope of that thing. (e) An obligation on, warranty by, or right of two or more persons, or a party that comprises two or more persons, is the obligation, warranty or right of those persons jointly and severally. (f) Reference to time are as follows: i. A reference to a date, day or time, is to that date, day or time in Queensland, Australia. ii. If a time period for any purpose is expressed in days, the period is calculated by excluding the commencement day and including the day upon which the purpose is to be fulfilled. iii. If a period is expressed in weeks, months or years, beginning on a given day or from an act or event, the period is calculated from the commencement day until the corresponding day of the next week, calendar month or calendar year. If there is no corresponding day because of differing numbers of days in calendar months, the corresponding day is the last day of the appropriate calendar month. iv. If something is to be done on a particular day, it must be done by 5:00pm on that day. v. If something is to be done on a day which is not a business day, it must be done on the next business day.

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(g) Reference to an act or omission by a party includes – i. If a party comprises more than one person, an act or omission by any one or more of those persons; ii. The permitting or allowing by a party of an act or omission; and iii. An act or omission of an employee (whether or not acting within the scope of his employment), agent, contractor or invitee of a party. 2. AGREED INTENTION TO CREATE LEGAL RIGHTS BETWEEN THE COLLEGE AND THE UNION The College and the Union agree: 2.1 That it is their explicit intention to create: (a) legal relations between them, and, to the extent consistent with law, between the College and Employees who are members of the Union; and (b) legally enforceable rights and obligations between them and, to the extent consistent with the law, between the College and Employees who are members of the Union; 2.2 That acceptance of the benefits conferred on members of the Union by this Deed shall constitute acceptance for the purposes of s55 of the Property Law Act 1974; 2.3 That, to the extent that the terms of this Deed are for the benefit of an Employee who is a member of the Union, subject to acceptance by the Employee, the Employee shall be able to legally enforce such terms, in accordance with section 55 of the Property Law Act 1974; 2.4 That promises by the College or the Union recorded in this Deed shall be enforceable by each against the other (including promises for the benefit of a member of the Union) on the basis that this Deed is a contract intended to create legal relations and legally enforceable rights and obligations between the College and the Union; 2.5 That upon execution of this Deed, the provisions of this Deed shall be incorporated as terms and conditions or modifications of terms and conditions of the contracts of employment of members of the Union; 2.6 That in consideration of the promises made by the College and the Unions to each other and in further consideration of the payment of Ten Dollars ($10.00) by the Union to the College, the College and the Union will comply with the terms of this Deed and that throughout its term the College promises to confer upon and provide to its present or future employees who are members of the Union the benefits provided in this Deed; and

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2.7 In particular, but without prejudice to clause 2.6, to comply fully and promptly with the terms and conditions of the Attachment to this Deed, and, so far as the College is concerned, to comply fully and promptly with all provisions conferring rights, benefits or entitlements upon present or future employees of the College who are members of the Union. 3. AGREED INTENTION TO CREATE LEGAL RIGHTS BETWEEN THE COLLEGE AND THE EMPLOYEES The College and Employees agree: 3.1 That it is their explicit intention to create: (a) legal relations between them, and, to the extent consistent with law, between the College and present or future Employees of the College; and (b) legally enforceable rights and obligations between them and, to the extent consistent with the law, between the College and present or future Employees of the College; 3.2 That promises by the College or the Employees recorded in this Deed shall be enforceable by each against the other (including promises for the benefit of an Employee) on the basis that this Deed is a contract intended to create legal relations and legally enforceable rights and obligations between the College and the Employees; 3.3 That upon execution of this Deed, the provisions of this Deed shall be incorporated as terms and conditions or modifications of terms and conditions of the contracts of employment of Employees; 3.4 That in consideration of the promises made by the College and the Employees to each other and in further consideration of the payment of Ten Dollars ($10.00) by the Employee Representative to the College, the College and the Employees will comply with the terms of this Deed and that throughout its term the College promises to confer upon and provide to its present or future Employees the benefits provided in this Deed; and 3.5 In particular, but without prejudice to clause 3.4, to comply fully and promptly with the terms and conditions of the Attachment to this Deed, and, so far as the College is concerned, to comply fully and promptly with all provisions conferring rights, benefits or entitlements upon present or future Employees of the College. 4. APPLICATION To avoid doubt, this Deed is made for the benefit of all Employees to the extent that, subject to individual acceptance of the terms of the Deed but without limitation of individual rights, this Deed will be enforceable by any Employee as a beneficiary under section 55 of the Property Law Act 1974 (Qld). 5. GOOD FAITH

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5.1 Each party will exercise any discretion required in connection with this Deed in good faith and in a timely manner. 5.2 Each party will use all reasonable means to avoid engaging in any activity or entering any contract, arrangement or understanding which is done in bad faith, provided that the parties may pursue their own organisational, or personal employment objectives. 5.3 Each party will attempt to assist and not unreasonably hinder the other parties in performing their obligations under this Deed and otherwise in relation to their respective organisational activities. 5.4 This clause will be binding on each party, except to the extent that: (a) application of this clause would involve a party contravening the law; or (b) the party is exercising a right or remedy arising from another party’s breach of this Deed, or another party’s negligence, dishonesty or misconduct in connection with this Deed; or (c) a provision of this clause is inconsistent with any other express or implied term of this Deed. 6. COMMENCEMENT AND DURATION 6.1 Subject to its terms, this Deed will operate from 1 January 2007 once it is executed, and will nominally expire on 30 June 2009. 6.2 This Deed will continue to operate during its term of operation, and past its nominal expiry date, subject to: (a) any variation made in accordance with this Deed, and in particular, clause 8; and / or (b) termination by one of the methods provided in this clause. 6.3 This Deed will cease to operate upon termination. Termination may be effected by one of the following methods: (a) The Deed will terminate automatically, at any time during or after its expiry, upon commencement of a Collective Agreement. The Deed will terminate in relation to: i. ii. iii.

the College; and those of the College’s Employees whom the Collective Agreement purports to cover; and where Employees bound by the Collective Agreement are members of the Union, the Union.

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(b) Any one of the parties may unilaterally terminate this Deed by giving the other parties to the Deed 90 days notice, in writing, that they intend to terminate the Deed. Notice to unilaterally terminate the Deed may be given no earlier than 90 days prior to the nominal expiry date of this Deed. For the purposes of unilateral termination, the parties are: i. ii.

the College; and the Union;

(c) The parties may terminate this Deed prior to the nominal expiry date by agreement. Any agreement to terminate the Deed must be in writing and signed by, or on behalf of, all of the parties. For the purposes of termination by agreement, the parties are: i. ii.

the College; and the Union;

7. NO FURTHER CLAIMS In accordance with, and further to clause 1.6 of the Attachment to this Deed, the parties agree that no further claims regarding any issue in connection with this Deed, the Attachment to this Deed, or any industrial matter, will be made during the term of this Deed. 8. AGREEMENT UPON FURTHER MATTERS During the term of this Deed, the parties may agree on matters outside of or contrary to this Deed, by variation to this Deed or otherwise. Such agreement must be documented in writing and executed in the same manner as this Deed. This clause is subject to clause 7: No Further Claims. 9. RESOLUTION OF DISPUTES Clause 2 of the Attachment to this Deed operates, to the extent legally possible, in relation to disputes between the parties. If for any reason, the QIRC is unable, refuses or fails to act within a reasonable time upon any dispute referred to it in accordance with clause 2 of the Attachment, a party to the dispute may refer the dispute to the AIRC, and the parties will submit to the AIRC’s jurisdiction. Referral to the AIRC may only occur after the parties have genuinely attempted to resolve the dispute in accordance with clause 2 of the Attachment. The AIRC will have the power to conciliate the dispute, and, if the parties are unable to come to a settlement within a reasonable time after conciliation, to make a recommendation as to how the dispute may be resolved. The parties agree to implement any recommendation made by the AIRC.

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10. NOTICES 10.1

A notice given under this Deed but not under the Attachment to this Deed must be:

(a) in writing, in English and signed by the party giving it, or by a person duly authorised by the party giving it; and (b) hand delivered, or sent by prepaid post or fax to the party’s address specified in this document, or any other address notified by a party to the other party or parties. 10.2

A notice given in accordance with clause 10.1 takes effect when it is received, or at a later time specified in the notice. A notice is received: (a) upon hand delivery; or (b) on the second business day after the date of posting by prepaid post; or (c) when the sender’s fax system generates a message confirming that the entire document was successfully transmitted. If the delivery, receipt of post or transmission by fax is not on a business day, or is after 5:00pm on a business day, it is taken to be received at 9:00am the next business day.

10.3

A notice is taken not to be received if:

(a) if the notice is returned to sender, in the case of service by post; or (b) if the notice is not received in full and legible form, in the case of service by fax. 11. AMENDMENT This document can only be amended, supplemented, replaced or novated by another document signed by the parties. 12. WAIVER A right under this Deed can only be waived by notice signed by the party or parties waiving the right. A party who grants an extension or forbearance to another party does not waive its rights under this Deed. A waiver of a right on one or more occasions does not operate as a waiver of that right if that right arises again. A party is not prevented from further exercise of a right or exercise of another right because a right has been exercised before. If a party does not exercise a right or remedy or does not fully exercise a right or remedy at a given time, the party may exercise it later.

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13. DAMAGES AN INADEQUATE REMEDY The parties agree that, in the event of any breach of this Deed, damages are an inadequate remedy in respect of those duties and obligations which arise under this Deed (apart from those duties and obligations which require the payment of money to employees) and further agree that in any action for enforcement of this Deed, neither party will object to orders being made in the nature of injunctions and / or specific performance of the duties and obligations arising under this Deed. 14. INVALIDITY If any term of this Deed is invalid for any reason, that invalidity will not affect the validity or operation of any other term of this Deed except to the extent necessary to give effect to that invalidity. 15. GOVERNING LAW This document is governed by the law in force in Queensland, Australia. Each party submits to the non-exclusive jurisdiction of those courts with jurisdiction in Queensland, and any court that may hear appeals from any of those courts, for any proceeding in connection with this document. Each party waives any right it may have to claim that those courts are an inappropriate forum. q:\client\johnpaulcoll\joh-00-25\00080780.doc

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EXECUTED as a Deed. SIGNED on behalf of the EMPLOYEES OF JOHN PAUL COLLEGE LIMITED ACN 010160371 in the presence of:

) )…………………………………….. )

…………………………………….. Witness: ) )…………………………………….. )

SIGNED on behalf of the QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES in the presence of:

…………………………………….. Witness: EXECUTED by JOHN PAUL COLLEGE LIMITED ACN 010160371in accordance with the Corporations Act 2001 and signed by:

) ) ) ) ) )

……………………………………. . Council Member

…………………………………….. Council Member

……………………………………. . Full name of Council Member

…………………………………….. Full name of Council Member

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ATTACHMENT A

1.

APPLICATION AND OPERATION OF THE AGREEMENT

1.1 1.2 1.3 1.4. 1.5. 1.6 1.7

Application Posting of Agreement Single Bargaining Unit Objectives Consultative Mechanisms No Extra Claims Savings Clause

2.

PROCEDURES FOR PREVENTING AND SETTLING DISPUTES

2.1 2.2

Where a Staff Member has a Grievance with the College Management Where the College Management has a Grievance with a Staff Member

3.

RELATIONSHIP TO AIMS OF THE COLLEGE

3.1 3.2 3.3

What We Believe John Paul College Ethos Acknowledgement

4.

EMPLOYMENT RELATIONSHIP AND RELATED MATTERS

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9

Fixed Period Employee Job Share Policy Development and Amendment Loyalty Provision Performance Review Multi-hiring Termination of Employment Introduction of Changes Redundancy

5.

WAGES AND WAGE RELATED MATTERS

5.1 5.2 5.3.

Wages Income Packaging Occupational Superannuation

6.

LEAVE

6.1 6.2 6.3 6.4 6.5 6.6. 6.7. 6.8. 6.9. 6.10 6.11

Annual Leave - Teachers Annual Leave – Non Teachers Compassionate Leave Jury Service Leave Holiday Leave - Pro rata Entitlement -Teaching Staff Sick Leave Health Watch Leave Long Service Leave Paid Maternity Leave Special Responsibility Leave - Paternity Leave Public Holidays

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7.

INITIATIVES

7.1. 7.2. 7.3. 7.4 7.5.

Professional Development Technology Resourcing of School Level Industrial Practice Industrial Relations Professional Development Class Sizes

SCHEDULE 1 – WAGE RATES SCHEDULE 2 - JOB SHARE GUIDELINES SCHEDULE 3 - TEACHERS SCHEDULE 4 – TEACHER AIDES

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1. 1.1

1.2

APPLICATION AND OPERATION OF THE AGREEMENT Application 1.1.1.

This Agreement shall apply to John Paul College Ltd., (ACN 010 160 371) John Paul Drive, Daisy Hill, Queensland ("the College") and its employees for whom classifications and rates of pay are set out in this Agreement and to the union signatory to this Agreement.

1.1.2.

For the purposes of this Agreement, Teacher Aides shall mean non-teaching academic staff who primarily work within the classroom and/or library for the purpose of supporting teaching staff.

1.1.3.

This Agreement excludes employees of John Paul College Ltd for whom the Notional Agreement Preserving State Award for the Child Care Industry Award – State applies.

1.1.4.

This Agreement is a comprehensive stand alone Agreement and applies to the exclusion of any other Agreement or Award, unless otherwise specifically stated herein.

Posting of Agreement

A copy of this Agreement shall be available to employees on the Staff Portal. 1.3

Single Bargaining Unit

A Single Bargaining Unit has been formed for the purpose of negotiating and establishing this Agreement and is comprised of equal numbers of employee and employer representatives from the College and a representative from the Queensland Independent Education Union of Employees. 1.4

Objectives

This Agreement provides a framework for the College, Employees and the Union to work together towards improving productivity and efficiency. The Objectives of the Enterprise Agreement are to develop a culture of workplace reform by: 1.4.1.

Improving the quality of teaching;

1.4.2.

Improving the learning outcomes for students;

1.4.3.

Improving the effectiveness of support services in contributing to the provision of quality teaching and learning;

1.4.4.

Developing staff members so that they will give witness to the ethos, values and goals of John Paul College;

1.4.5.

Supporting the life long development of the spirituality of staff members to enhance the ethos of John Paul College;

1.4.6.

Enhancing the provision of broad curriculum services for students through effective and efficient school arrangements and practices;

1.4.7.

Creating more effective school management and resourcing processes which increase flexibility, responsiveness and professionalism;

1.4.8.

Reflecting upon and giving support to the principles of employment equity, social justice and accountability;

1.4.9.

Recognising the key role of staff members in John Paul College and initiating measures designed to provide for their pastoral care.

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1.4.10.

1.5

Providing benefits to employees through improved wages relative to their contributions to the development and implementation of workplace reform and through improvements in the working environment.

Consultative Mechanisms 1.5.1.

The parties to this Agreement are committed to co-operation and consultation as part of the climate and culture of John Paul College. The parties also accept that according to the authority and responsibility structure of the College, final decision making remains the prerogative of the Headmaster. The Headmaster, in coming to decisions, is committed to the process of consultation with employees.

1.5.2.

The parties recognise that the College has in place a number of structures to facilitate consultation and to advise the Headmaster in decision making. These structures include: (a) (b) (c) (d) (e)

Regular meetings of Staff, Middle Management and Committees; An Executive Committee of Senior Staff; Other committees or groups set up from time to time by the Headmaster for a special purpose; The staff portal; and Various committees or officers appointed according to Government regulation (eg. Workplace Health and Safety).

1.5.3.

In addition to providing feedback through the College's consultative forums, staff may raise issues or grievances relating to matters including, but not limited to, fair policies and procedures and work intensification through the grievance resolution procedure in clause 2.1 Procedures for Preventing and Settling Disputes.

1.5.4.

The College will develop a guideline for teachers' communication with parents. This guideline will be included in the staff handbook from 2007 and will be appropriately communicated to parents. The guideline will strike a balance between the reasonable expectations of parents for teachers and the reasonable rights of teachers to privacy and access.

1.5.5.

The Enterprise Bargaining Consultative Committee provides a consultative mechanism to ensure that all people affected have an opportunity to participate in the implementation and monitoring of this Agreement at the College level. Such an arrangement acknowledges the requirement for an atmosphere of mutual trust and co-operation. The purpose of the Enterprise Bargaining Consultative Committee is to: (a) (b) (c) (d)

1.5.6.

1.6

Provide an environment for greater two-way communication; Establish a forum in which employees are able to participate in the implementation of the Enterprise Bargaining initiatives; Provide management with the opportunity to utilise employee knowledge and experience; Address issues and provide advice to the College regarding matters arising from this Agreement.

The Enterprise Bargaining Consultative Committee will reflect the staffing structure of the school and should generally include the employer and employee representatives constituting the Single Bargaining Unit.

No Extra Claims The Agreement constitutes a closed agreement in settlement of all industrial matters for the duration of this Agreement. Further, the Union undertakes that there will be no further claims in relation to any industrial matter for the life of the Agreement, except in the manner envisaged by this Agreement.

1.7

Savings Clause

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The existing base wage rate and accrued entitlements of employees employed at the date of signing shall not be reduced as a result of this Agreement coming into effect.

2.

PROCEDURES FOR PREVENTING AND SETTLING DISPUTES

The parties have a genuine desire to resolve through the process of negotiation and settlement, grievances or complaints. 2.1

2.2

Where a Staff Member has a Grievance with the College Management 2.1.1.

The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedure shall apply to a single employee or to any number of employees.

2.1.2.

In the event of an employee having a grievance or dispute the employee shall, in the first instance, attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances.

2.1.3.

If the grievance or dispute is not resolved under subclause 2.1.2 hereof, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representatives.

2.1.4.

If the grievance or dispute is still unresolved after discussions listed in subclause 2.1.3 hereof, the matter shall, in the case of a Union member, be reported to the State Secretary of the relevant Union of employees and the Headmaster or nominated representative of the College. An employee who is not a Union member may report the grievance or dispute to the Headmaster or the nominated representative. This should occur as soon as it is evident that discussions under subclause 2.1.3 hereof will not result in resolution of the dispute.

2.1.5.

If, after discussion between the parties, or their representatives mentioned in subclauses 2.1.3 and 2.1.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Queensland Industrial Relations Commission.

2.1.6.

Whilst all of the above procedure is being followed, normal work shall continue except in a case of a genuine safety issue.

2.1.7.

Except in the case of termination, the status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.

2.1.8.

All parties shall give due consideration to matters raised or any suggestion or recommendation made by an Industrial Commissioner with a view to the prompt settlement of the dispute.

2.1.9.

Any Order of the Queensland Industrial Relations Commission (subject to the parties' right of appeal under the Act) will be final and binding on all parties to the dispute.

2.1.10.

Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute to the Queensland Industrial Relations Commission.

Where the College Management has a Grievance with a Staff Member 2.2.1.

In an effort to reach settlement at the lowest possible level and as quickly as possible, the parties agree to implement the following procedure.

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The matter shall be discussed initially between the employee and the Headmaster and /or Headmaster's agent (any member of Senior Administration). 2.2.2.

Formal complaints by employer against employee are to be presented in writing to said employee outlining: (a) (b) (c) (d)

2.2.3.

If after the period of time identified in Clause 2.2.2.(c) has lapsed and if adequate support mechanisms have been provided during that period and the matter remains unresolved, the Headmaster shall set up at an early date a meeting between the following persons: (a) (b)

3. 3.1

The area(s) of concern; The means to resolve the difficulty; The timetable for the desired improvements; and The support the College proposes to provide.

Headmaster; A member of the relevant Union on staff or another member of staff acceptable to the person with the grievance.

2.2.4.

Should the matter not be resolved at this meeting, the issue shall be formally referred to the employer's representative and representative of the relevant Union where appropriate who shall at conference level thoroughly canvass the issue with the Headmaster and employee involved and seek a resolution.

2.2.5.

Whilst all of the above procedure is being followed, normal work shall continue except in a case of a genuine safety issue.

RELATIONSHIP TO AIMS OF THE COLLEGE What We Believe John Paul College is a learning environment in which all members have the opportunity to reach their individual potential for living a contributing and fulfilling life. Our community grows in an environment where Christian ecumenism is foundational; where our values are embraced; where mutual respect demands a hospitality that reaches out and welcomes those of all cultures and faiths; and where excellence in every endeavour is sought and applauded. Love Mutual Respect

Truthfulness

Contribution

Loyalty Our Values

Responsibility

Fairness

Tolerance

Freedom Unity

3.2

John Paul College Ethos 3.2.1.

The ethos, of John Paul College is based upon a community of faith, centred on the belief in God and the ecumenical Christian way of life.

3.2.2.

An holistic approach to education is central to the John Paul College ethos. In accordance with this aim, the College promotes the total development of each student - spiritually, morally, academically, physically, culturally, psychologically and socially - to the individual's fullest potential.

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3.2.3.

The pursuit of excellence is at the core of the John Paul College ethos, and has led to the development of our distinctive culture. It is a culture that sets the highest of expectations for the entire John Paul College family - of staff, students, parents and community. The John Paul College definition of excellence as "the development of each student to the maximum of his/her potential, either individually or within a group," is part of the John Paul College ethos.

3.3

3.2.4.

Staff dedication to the highest levels of professionalism is central to the ethos of John Paul College.

3.2.5.

A dedication to producing an education which is totally relevant to the needs of students in a rapidly changing world is central to the John Paul College ethos.

3.2.6.

The John Paul College ethos places the student at the centre of the educative process, and, therefore, obliges our whole approach to the educative process to be developmental.

3.2.7.

Those involved in this agreement accept the academic, social, spiritual and co-curricular contributions which contribute to the unique ethos of the College.

Acknowledgement

It is recognised that the viability of the College depends upon the maintenance and further development of the ethos of the College. The parties to this Agreement acknowledge and agree to work towards the achievement of the John Paul College Mission Statement and Ethos.

4. 4.1

EMPLOYMENT RELATIONSHIP AND RELATED MATTERS Fixed Period Employee 4.1.1.

A "fixed period employee" shall be defined as an employee appointed to accommodate an identifiable short-term need. Without limiting the application of the foregoing, an identifiable short-term need could include: (a) (b) (c) (d)

4.2

Special projects; Special government grants; Filling the position of a specified employee who is on nominated leave from the school; and Filling the position of an employee arising from a resignation, where such position is declared vacant and no suitable permanent employee is available.

4.1.2.

A fixed period employee shall be employed for a period no greater than twelve (12) months; provided further that if the identifiable short-term need exists after the twelve (12) month period, the fixed period appointment may be re-negotiated.

4.1.3.

Any agreement reached between an employer and an employee as prescribed by this clause shall be in writing, signed by both parties, and shall clearly identify the specific duration (commencement and cessation dates) of the appointment.

4.1.4.

This clause will not apply to employees subject to the provisions of Schedule 3 Clause 1.8 Band 6 Positions.

Job Share 4.2.1.

Job Share is a voluntary arrangement in which a full time position is divided between two employees with shared responsibility for the position and is subject to approval by the Headmaster.

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4.2.2.

4.3

The College agrees to implement a job share provision for employees in accordance with the guidelines set out in Appendix 2 - Job Share.

Policy Development and Amendment The employer and employees agree to implement any policies so developed or amended. 4.3.1.

All staff acknowledge that it is a condition of their employment that they comply with such policies.

4.3.2.

The College will develop a range of policies designed to enhance its efficiency and effectiveness. College policies shall be recorded in Staff Handbooks.

4.4

Loyalty Provision

All employees acknowledge that while they are a member of the John Paul College Staff, they will provide loyalty and support to the organisation, and to the ethos and philosophy of John Paul College. Criticism and/or denigration of John Paul College by staff are not acceptable. Failure to comply with this requirement may constitute reasons for dismissal where such failure is injurious to the reputation and operation of the College. This clause does not preclude any staff member from accessing the grievance procedure in accordance with clause 2 - Procedures for Preventing and Settling Disputes of this Agreement. 4.5

Performance Review 4.5.1.

The College Mission Statement seeks to provide John Paul College students with a 21st century education and to create a learning community for teachers and students. Accordingly, to facilitate this, John Paul College expects its teaching staff: (a) (b) (c) (d)

4.5.2.

To support quality initiatives to improve teaching and learning and to help make the learning experience challenging, exciting and enjoyable for students; To make a contribution to the life of the school outside the classroom; To commit to continuing professional development; and To accept that their remuneration will be related in part to a review of their performance.

The College's Performance Review will reflect five propositions: (a) (b) (c) (d) (e)

Teachers are committed to students and their learning; Teachers know the subjects they teach and how to teach these subjects to students; Teachers are responsible for managing and monitoring student learning; Teachers think systematically about their practice and learn from experience; and Teachers are members of learning communities.

The parties to this Agreement recognize that performance review is an integral component of an ongoing process designed to assist staff in growing personally and professionally within the school environment. The culmination of the performance review process will be the completion and submission of an approved "Professional Development Plan". 4.5.3.

It is understood that all teachers entering the College, or existing teachers seeking to enter Band 3, must undertake performance reviews. The performance review for teachers entering the College must be in the course of their first year at the College.

4.5.4.

For teachers seeking to enter Band 3, they must successfully undertake performance review during the year that they are Band 2 Level 5.

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4.5.5.

Teachers seeking to be appointed as Senior Teachers must undertake successful performance review in the year prior to their appointment as a Senior Teacher. Only teachers who have proceeded to Band 3 Level 4 can apply for appointment to the position of Senior Teacher. Senior Teachers in the Senior Teacher band must undertake, and subsequently attain successful biennial performance reviews to maintain this position at John Paul College. Teachers who choose to remain at Band 3 Level 4 must also undertake and subsequently attain successful biennial performance reviews.

4.5.6.

All Band 5 and 6 employees will undertake an annual performance review predicated upon the key performance indicators relating to the position description attached to their letters of appointment. This performance review will be undertaken by appropriate members of Senior Administration relevant to the particular school in which the middle manager teaches.

4.5.7.

Professional Development Plan A key outcome for the performance review will be staff professional development which can be geared to helping achieve a sustainable outstanding performance in the future. Staff should spend some time looking back at the Performance Review result with a view to arriving at a Professional Development Plan that moves the teacher towards a sustained level of performance over the coming terms and years. Line managers and senior management of the school will need to understand teacher training needs in order to be able to plan for those needs in terms of opportunities, time and money.

4.5.8.

It is expected that the Professional Development Plan will include reference to: (a) (b) (c)

4.5.9.

When teachers have made notes on their Development Plan and later, when considering their appraiser's suggestions, teachers might ask themselves these check questions: (a) (b) (c) (d)

4.6

The learning and/or experience required to deliver objectives and to further develop performance; The proposed solutions e.g. coaching, on-the-job training, project experience, special work allocation etc; and The target date for completion.

Is the Professional Development Plan a useful action plan? Is this sheet when completed compatible with the School Plan? Is it compatible with the overall assessment reached? Does it support sustained performance?

Multi-hiring 4.6.1.

Full-time, part-time and casual employees may be separately engaged as casual employees for a discrete role, which is covered by a different Classification Structure than the Classification Structure covering their usual position.

4.6.2.

Multi-hiring arrangements will only apply where employees are appointed by the College to an additional position, either on a fixed period or permanent basis. A separate engagement on a casual basis shall not apply merely because an employee has acquired additional duties in their principal employment role or because of a change of focus in their principal employment role.

4.6.3.

Such employees shall be paid the appropriate rate of pay for a casual employee engaged in that secondary role in accordance with the relevant Classification Structure or in the absence of a relevant Classification Structure (either under this Agreement or a relevant industrial instrument) the employee shall receive remuneration commensurate with the industry standard. The minimum period of engagement for the multi-hire secondary role will be two (2) hours.

4.6.4.

Multi-hiring arrangements may be rostered as split shifts.

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4.7

Termination of Employment 4.7.1.

The employer shall provide the employee with the following minimum notice in writing of the termination of the employee's services. (a) Full-time and full-time term time employees – one calendar month’s notice in term time. If the employee is over 45 years of age and has completed at least five (5) years of continuous service with the employer, the employer shall provide additional notice of one (1) week. (b) Part-time and part-time term-time employees – as outlined below: Period of continuous service

Notice

Not more than 1 year 1 – 3 years 3 – 5 years More than 5 years

1 week 2 weeks 3 weeks 4 weeks

If the employee is over 45 years of age and has completed at least two (2) years of continuous service with the employer, the employer shall provide additional notice of one (1) week. 4.7.2.

The employer may make payment in lieu of the above notice, or part thereof. Payment in lieu of notice shall be calculated on the basis of the ordinary time wages which the employee would have received if the employee had worked during the period of notice.

4.7.3.

An employee shall provide the employer with the following minimum notice, in writing of the employee's intention to resign from the employee's position: (a) (b)

Full-time and full-time term-time employees – one calendar month's notice in term time Part-time and part-time and term-time employees – two weeks notice in term time.

4.7.4.

Where the employee fails to provide adequate notice, including where the notice period extends into vacation periods, the employer may deduct from any monies owing to the employee or otherwise recover, an amount equivalent to the shortfall in the notice period.

4.7.5.

Notwithstanding any other provision of this clause, the above notice provisions shall not apply: (a) (b) (c)

To casual employees; Where the employee is dismissed for serious or wilful misconduct; or Employees engaged for a specific period of time or for a specific task.

4.7.6.

Payment of all wages and other monies due shall be made within 24 hours of any termination of employment or at such time as mutually agreed.

4.7.7.

Statement of Employment The employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.

4.7.8.

Time Off During Notice Period During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. This time off shall be taken at times that are convenient to the employee after consultation with the employer.

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4.8

Introduction of Changes 4.8.1.

Employer’s Duty to Notify

(a) If the employer decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes, and, at an employee’s request, that employee’s nominated representative. (b) “Significant effects” includes termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. 4.8.2.

Employer’s Duty to Consult over Change

(a) The employer shall consult the employees affected and, at an employee’s request, that employee’s nominated representative, about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment). (b) The consultation must occur as soon as practicable after making the decision referred to in clause 4.8.1 - Employer’s Duty to Notify. (c) For the purpose of such consultation the employer shall provide in writing to the employees concerned and, at an employee’s request, that employee’s nominated representative, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that the employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer’s interests. 4.9

Redundancy 4.9.1.

Consultation Before Terminations

(a) Where the employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall consult the employee directly affected and, at an employee’s request, the employee’s nominated representative. (b) The consultation shall take place as soon as it is practicable after the employer has made a decision, which will invoke paragraph (a) of this clause and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the employees concerned. (c) For the purpose of the consultation the employer shall, as soon as practicable, provide in writing to the employees concerned and, at an employee’s request, the employee’s nominated representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out, provided that the employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer’s interests. 4.9.2.

Transfer to Lower Paid Duties

(a) Where an employee is transferred to lower paid duties for reasons set out in clause 4.9.1 Consultation Before Terminations, the employee shall be entitled to the same period of notice of

21


transfer as the employee would have been entitled to if the employee’s employment had been terminated under clause 4.7.1. (b) The employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing. (c) The amounts must be worked out on the basis of: (i) (ii)

The ordinary working hours to be worked by the employee; and The amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and (iii) Any other amounts payable under the employee’s employment contract.

4.9.3.

Time Off During Notice Period

(a) Where a decision has been made to terminate an employee in the circumstances outlined in 4.9.1 (a), the employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment. (b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 4.9.4.

Notice to Centrelink

Where a decision has been made to terminate employees in the circumstances outlined in clause 4.9.1 Consultation Before Terminations, the employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of workers normally employed and the period over which the terminations are intended to be carried out. 4.9.5.

Severance Pay

(a) In addition to the period of notice prescribed for ordinary termination in (a) of clause 4.7.1 – Termination of Employment, an employee whose employment is terminated for reasons set out in (a) of clause 4.9.1 - Consultation Before Terminations, shall be entitled to the following amounts of severance pay: Period of Continuous Service Severance Pay (weeks’ pay) Less than 1 year ................................................................... nil 1 year but not more than 2 years ........................................... 4 More than 2 years but not more than 3 years ........................ 6 More than 3 years but not more than 4 years ........................ 7 More than 4 years but not more than 5 years ........................ 8 More than 5 years but not more than 6 years ........................ 9 More than 6 years but not more than 7 years ....................... 10 More than 7 years but not more than 8 years ....................... 11 More than 8 years but not more than 9 years ....................... 12 More than 9 years but not more than 10 years ..................... 13 More than 10 years but not more than 11 years ................... 14 More than 11 years but not more than 12 years ................... 15 More than 12 years .............................................................. 16 (b) “Weeks’ Pay” means the ordinary time rate of pay for the employee concerned: Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments.

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4.9.6.

Employee Leaving During Notice

An employee whose employment is terminated for reasons set out in (a) of clause 4.9.1 - Consultation Before Terminations, may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under this clause had such employee remained with the employer until the expiry of such notice, provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 4.9.7.

Alternative Employment

If the employer obtains acceptable alternative employment for an employee, the employee will not be entitled to severance pay. 4.9.8.

Employees with Less Than One Year’s Service

Clause 4.9 shall not apply to employees with less than one year’s continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 4.9.9.

Employees Exempted

Clause 4.9 shall not apply: (a) To casual employees; (b) Where the employee is dismissed for serious or wilful misconduct; or (c) Employees engaged for a specific period of time or for a specific task.

5. 5.1

WAGES AND WAGE RELATED MATTERS Wages During the life of this Agreement the following wage increases will apply to the current minimum wage rates contained in the John Paul College Limited – Certified Agreement 2003: (a) An increase of 4% from the first full pay period on or after 1 July 2006. (b) An increase of 4% from the first full pay period on or after 1 July 2007. (c) An increase of 4% from the first full pay period on or after 1 July 2008. The minimum wage rates applicable to employees covered by this Agreement are set out in Schedule 1 to this Agreement. The parties recognise that these salary increases maintain parity with Education Queensland salary increases for 2006, 2007 and 2008.

5.2

Income Packaging 5.2.1.

The employer and employee may agree to salary packaging arrangements including contributions to an approved superannuation fund subject to any ATO limitations. Where such agreement is reached, the Employee's salary shall be reduced by an amount equivalent to the salary packaged component.

5.2.2.

Such packaging arrangements will only be available to permanent Employees.

5.2.3.

The terms of the arrangement shall be committed to writing and signed by the employer and employee. This record will be retained by the employer and a copy will be provided to the employee.

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5.2.4.

The package arrangement shall be based on the Total Employment Cost to the employer in providing the arrangement. This cost must include FBT and any other costs incurred by the employer including package administration arrangements as prescribed by the employer.

5.2.5.

This arrangement may only be altered once per annum.

5.2.6.

Items which may be packaged include (but not limited to): (a) (b) (c) (d) (e)

5.3

Occupational Superannuation 5.3.1.

6. 6.1

Superannuation; School/child care fees; Mortgage repayments; Motor vehicles within the existing school car policy (Novated leases); and Professional subscriptions.

The College shall make available to all employees the following options of superannuation employer contributions in addition to the Superannuation Guarantee Contribution on the basis of a co-payment employee contribution: Employer Contribution Inclusive of SGC

Minimum Employee Co-Payment

12.75%

5%

5.3.2.

An employee's voluntary superannuation co-payment may be before tax in accordance with the salary packaging provisions.

5.3.3.

Any additional superannuation contributions from employees are a matter of employee choice within the options available. The co-payment to be made by the College will be subsumed into any payment mandated by Superannuation Guarantee Charge legislation, if any such copayment is mandated.

LEAVE Annual Leave - Teachers

The entitlement to 4 weeks’ annual leave is deemed to be taken during school vacation periods. 6.1.1.

Annual Leave Loading - Teachers

Permanent term time teachers shall receive an annual leave loading equivalent to 17.5% of 4 weeks' salary. Permanent part time teachers receive a pro-rata of this entitlement. 6.2

Annual Leave – Non-Teachers Permanent full time non-teaching employees are entitled to 4 weeks annual leave per annum. Part time, term time and fixed term employees are entitled to a pro-rata annual leave entitlement. In general, the employer requires employees to take their annual leave during school vacation periods (when the School “shuts down”). However, alternate annual leave arrangements may be agreed between the employer and employee. 6.2.1.

Annual Leave Loading – Non-Teachers

Permanent full time employees are entitled to receive an annual leave loading equivalent to 17.5% of 4 weeks' salary. Permanent part time and term time employees receive a pro-rata of this entitlement.

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6.2.2.

Annual Leave Entitlements on Termination – Non-Teachers

Upon termination, employees will be entitled to payment for pro rata annual leave accrued at the date of termination, paid at the rate the employee was being paid immediately prior to termination plus the annual leave loading corresponding to the pro rata leave. 6.3

Compassionate Leave

Permanent employees are entitled to up to two days paid compassionate leave on each occasion of the death of a member of their immediate family or household, or to spend time with a member of their immediate family or household who is suffering from a serious injury or illness posing a threat to that person’s life. If two days leave is insufficient, the employee may apply to the employer for additional unpaid leave, which may be granted subject to operational requirements. Applications for additional unpaid leave will not be unreasonably refused. Casual employees have the same entitlement to compassionate leave as permanent employees except that such leave is unpaid. The College may, at its discretion, require the employee to provide proof of the serious injury / illness or death. Payment for the leave is subject to the employee providing the required proof. 6.4

Jury Service Leave

A permanent employee required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would otherwise have received. Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the employer and the employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service. Employees shall notify the employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their employer with proof of attendance, the duration of attendance and the amount received for attendance. If the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity. "Ordinary pay" means the rate of pay that an employee would normally expect to receive for working ordinary hours. "Ordinary pay" excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature. 6.5

Holiday Leave - Pro rata Entitlement - Teaching Staff

All teachers shall be paid wages from the date upon which the teacher commences duty in any one year, provided that a teacher who has taught (or been on paid leave) for each day of the school year shall be paid the total annual salary. However, where a teacher ceases duty before completing a full school year, the teacher shall be paid an amount as follows: No. of Student term days worked x annual salary Student term days in that calendar year 6.6

Minus

Amount Paid in relation to that calendar year

Sick Leave 6.6.1.

An employee, other than a casual employee, shall be entitled to not less than ten (10) days sick leave for each completed year of continuous service with the College. For any completed

25


period of such continuous service of less than one year, an employee, other than a casual employee, shall be entitled to accrue one day's sick leave for each 4.8 weeks of such period. 6.6.2.

Sick leave shall be cumulative, but unless the employer and the employee otherwise agree, no employee shall be entitled to receive and the employer shall not be required to make payment for more than thirteen week's sick leave in any one year.

6.6.3.

An employee absent from work through illness must after two days absence provide a certificate from a duly qualified medical practitioner specifying the nature of the illness of the employee and the period or approximate period during which the employee will be unable to work, or of other evidence of illness to the satisfaction of the employer provided that the employer shall be entitled to request such a certificate following any sick leave. The employee shall promptly notify the employer of the nature of the illness and of the approximate period of absence. Subject to these provisions the employee shall be entitled to payment in full for all time the employee is absent from work.

6.6.4.

The continuity of employment of an employee with an employer for sick leave accumulation purposes shall be deemed to be not broken by any of the following: (a) (b)

(c)

6.7

Absence from work granted by the employer; The employee, having been dismissed or stood down by the employer, or the employee having resigned, for any period not exceeding three (3) months, provided that the employee shall have been re-employed by that employer. The period during which the employment of the employee with the employer has been interrupted or determined in any of the circumstances mentioned in paragraph (a) hereof, shall not be taken into account in calculating the period of continuous service of the employee with the employer.

Health Watch Leave

The parties recognise the importance of employees maintaining healthy lifestyles and regular health checkups. The employer agrees that employees with forty (40) or more days of accumulated sick leave shall be entitled to use one (1) day per annum of the accumulated sick leave to obtain medical advice and/or treatment of a preventative nature. The employee shall, where practicable, give the employer two (2) weeks' notice prior to taking Health Watch Leave and provide documentary confirmation within one week of taking such leave. 6.8

Long Service Leave The Long Service leave provisions of the Industrial Relations Act 1999 will apply subject to the following: 6.8.1.

Entitlement

Prior to 1 January 2001 all employees shall accrue long service leave at the rate of 0.8667 weeks for each year of continuous service. As from 1 January 2001 all employees shall accrue long service leave at the rate of 1.3 weeks for each year of continuous service. Long service leave entitlements accrued before this date shall not be affected by this provision. All employees are entitled to Long Service Leave on full pay on the completion of seven (7) years of continuous service from their date of employment. All employees shall be able to access the second and subsequent accrual of Long Service Leave entitlements, following the initial accrual, after a further seven (7) years. Upon resignation, death, retrenchment or total and permanent incapacity, a pro rata payment of Long Service Leave shall be made to the employee where the employee has served seven (7) or more years of continuous service.

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6.8.2.

Taking Long Service Leave

The taking of accrued long service leave entitlements must be in one (1) term blocks. Notwithstanding this requirement, non teaching staff may take long service leave over school vacation periods. The taking of any accrued long service leave entitlements shall be at the discretion of the employer after consultation with the employee seeking to invoke such entitlements. The employee’s entitlement to long service leave must be taken within three (3) years of the date of being eligible to access the entitlement. Employees already entitled to access long service leave on the operative date of this Agreement must take their long service leave entitlement within three (3) years of the operative date of this Agreement. All employees must give twelve (12) months notice of taking long service leave, unless otherwise agreed with the Headmaster. 6.8.3.

Payment for Long Service Leave

The employee shall be paid at their ordinary rate of pay immediately prior to taking leave. 6.8.4.

Continuity of Service

The continuity of employment of an employee with an employer for long service leave accumulation purposes will be in accordance with the Industrial Relations Act 1999 (Qld). 6.9

Paid Maternity Leave Female employees accessing parental leave in accordance with the relevant legislation (as varied from time to time) shall be entitled to twelve (12) weeks paid maternity in accordance with the provisions of this clause. The entitlement to twelve (12) weeks paid maternity leave shall apply to employees who commence maternity leave after 1 July 2006. Employees already on maternity leave on 1 July 2006 shall only be entitled to six (6) weeks paid maternity leave. 6.9.1.

Eligibility for Payment

The following employees shall be eligible for payment:

(a) Full time employees who have a minimum of twelve (12) months continuous service; and (b) Part time and term time employees who have twelve (12) months continuous service provided that vacation breaks will be counted as continuous service for this purpose. Employees who have returned to work for less than twelve (12) months after taking maternity leave shall not be entitled to payment for a second or subsequent period of maternity leave. 6.9.2.

Payment for Leave (a) The employee shall be paid at the rate the employee was earning immediately prior to proceeding on the leave. (b) The employee shall be paid twelve (12) weeks wages at the time of commencing such leave in addition to the wages due to the employee for the work performed. (c) At the employer’s discretion, the employee may be paid twelve (12) weeks wages in equal instalments over 24 weeks, provided that this will not in any way extend the employee's period of continuous service or otherwise increase the employee's entitlements. (d) Where an employee has received payment in accordance with this clause, and the pregnancy subsequently results in a miscarriage or still birth, the employee shall be entitled to such payment, subject to the employee remaining on leave for a minimum of six (6) weeks.

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6.9.3.

Paid Maternity Leave and other Entitlements (a) The above maternity leave payment shall count as service for all purposes to a maximum of twelve (12) weeks. (b) The payment for maternity leave shall be exclusive of school vacation periods. (c) The payment for maternity leave shall be inclusive of Statutory holidays that may fall within the first twelve (12) weeks of the maternity leave period. (d) Time on paid maternity leave shall form part of the employee’s aggregate of 52 weeks parental leave.

6.10

6.11

Special Responsibility Leave - Paternity Leave 6.10.1.

Male employees shall be entitled to five (5) days paid paternity leave. This leave shall be taken as Special Responsibility Leave (or Carers Leave as it may be termed) to be deducted from the employee’s sick leave in accordance with the relevant legislation. An employee will be required to provide documentation to support such leave.

6.10.2.

The period of leave may commence on the date of the birth of the child (if this is a work day) or on a later date nominated by the employees.

Public Holidays 6.11.1.

If an employee is not required to work on a particular public holiday, the employee is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day.

6.11.2.

All work done by any employee on: -

The 1st January; The 26th January; Good Friday; Easter Saturday (the day after Good Friday); Easter Monday; The 25th April (Anzac Day); Labour Day; The Birthday of the Sovereign; Christmas Day; Boxing Day; or Any day appointed under the Holidays Act 1983, to be kept in place of any such holiday will be paid for at the rate of double time and a-half with a minimum of 4 hours.

-

6.11.3.

Work done on any other holiday shall not be deemed overtime or be paid for at an increased rate.

6.11.4.

Annual show

All work done by an employee on a show holiday shall be paid for at the rate of double time and a-half with a minimum of 4 hours.

7. 7.1

INITIATIVES Professional Development The obtaining of formal professional qualifications is the responsibility of each individual employee and accordingly, no funding shall be provided by the employer for this purpose.

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A Professional Development Committee shall be established at the College and shall be comprised of: (a) The Directors of Teaching and Learning and the Director of Curriculum and Blended Learning. (b) Three (3) persons nominated by the Headmaster; and (c) Four (4) persons elected by the teaching staff. Representatives of the staff on the Professional Development Committee are to be nominated annually at the start of the academic year by the SBU staff representatives. The Committee will examine relevant in-service courses and will report to the Headmaster as to their suitability, having regard to: (a) The agreed school structures, academic and co-curricular needs and school vision; and (b) The importance of portability within the industry. The College is committed to enhancing the skills of employees through professional development, within the College's resource capacity. The ordinary requirement for a full time employee’s participation in professional development shall be eleven (11) days per year (in place of the previous arrangement of three staff days, three professional development days, one optional professional development day and seventeen hours technology professional development). Part-time employees will be required to participate in a pro rata amount of professional development. For the term of this agreement, the three (3) student-free days will revert to school days. Professional development days shall be scheduled during the year and the Schedule may vary from year to year. The allocation of dates in the academic year to these days will be determined by the College in consultation with the SBU committee. These days do not fall within ordinary hours of duty. A balanced approach will be undertaken toward professional development and shall be linked to: (a) Performance appraisal; (b) The goals of the College and College wide needs; (c) The personal goals of employees as related to their work; (d) The appropriateness to the employee's position. As part of the College’s dedication to student development and their needs, some professional development will be compulsory for all staff. This includes: (a) First aid training and other training required to allow use of the College’s Aquatic Centre; (b) Training in relation to JPConnect.com and other initiatives undertaken by the College; (c) Training and development as identified by the College. Access to unpaid professional development opportunities will be offered to casual staff, and staff on unpaid leave and maternity leave. The College shall maintain a register of professional development undertaken and shall make this available to staff for the purposes of Teacher re-registration. The College will provide after school hours and vacation care for children of employees while the employee undertakes professional development in accordance with this clause, without cost to the employee. 7.2

Technology In recognition of staff commitment to technology related initiatives at the College, the College will provide all full-time permanent academic teaching staff with a notebook computer not greater than three years old. The cost of this computer will be borne by the College and will remain the property of the College.

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7.3

7.4

Resourcing of School Level Industrial Practice 7.3.1.

The employer agrees to provide access for workplace union representatives to the use of communication equipment, for the purpose of carrying out their union workplace responsibilities. Such access will be in accordance with local arrangements for all schools at the College for the use of this equipment. Any documentation that is to be distributed on campus will be provided to the Headmaster prior to its distribution.

7.3.2.

Subject to agreement with the respective union, the employer shall make available to all employees, facilities for the payment of their union fees, by payroll deduction or other schemes as agreed. The operation of any such facility shall be dependent upon the appropriate authorisation being signed by the employee.

7.3.3.

A school's induction program shall include the provision of information relevant to union coverage, membership and benefits.

7.3.4.

The employer agrees to provide reasonable opportunity, for workplace union representatives to consult with employees on workplace matters and enterprise bargaining issues at a time to be agreed between the representatives and the College. Such consultation shall not withdraw an employee from a scheduled school activity which fulfils part of their workplace duties.

Industrial Relations Professional Development Upon written application, endorsed by the relevant Union, and giving the Employer at least one (1) month’s notice, an Employee shall be granted up to three (3) working days leave (non-cumulative) on ordinary pay to attend courses and seminars conducted by: (a) (b) (c) (d)

TUTA (Trade Union Training Australia Inc); ACTU; Specific Union Training courses approved by the Union; or Industrial Relations courses conducted by a provider other than those above.

Such training may include issues such as: (a) (b) (c) (d)

Single Bargaining Unit and preliminary Enterprise Bargaining training; Negotiating at the College levels; College Consultative Committee training; College Chapter Representatives training.

For the purposes of these provisions, “ordinary pay” shall mean the ordinary fortnightly or weekly rate paid exclusive of any allowance for travelling time and fares. 7.5

Class Sizes The College is committed to achieving target class sizes equal to or less than those target class sizes in the Department of Education and Arts Teachers Certified Agreement 2007. From 2007, these targets are: Preparatory Year, Years 1-3, Years 11-12 Years 4 – 10

-

25 per teacher 28 per teacher

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SCHEDULE 1 JOHN PAUL COLLEGE SCHEDULE OF WAGES TEACHERS Classification

Band

Level

01-Jul-06

01-Jul-07

01-Jul-08

3 Year Entry

1

1 2 3 4

40,741 41,896 43,302 44,797

42,371 43,572 45,035 46,589

44,065 45,315 46,836 48,452

4 Year Entry

2

1 2 3 4 5

46,042 48,599 51,142 53,698 56,255

47,884 50,543 53,188 55,846 58,505

49,799 52,565 55,315 58,080 60,845

3 & 4 Year Max

3

1 2 3 4

58,389 60,530 62,656 64,918

60,724 62,951 65,162 67,515

63,153 65,469 67,769 70,215

Senior Teacher

4

1

67,893

70,609

73,433

CA, Co-Ord, LT

5

1

72,555

75,457

78,475

CM, TL & DHS

6

1 2 3 4

73,829 75,102 77,647 79,557

76,782 78,106 80,753 82,739

79,853 81,230 83,983 86,049

TEACHER AIDES

Classification

01-Jul-06 Permanent per per week annum

01-Jul-07 Permanent per per week annum

01-Jul-08 Permanent per per week annum

Classification 2 Pay point 1 Pay point 2 Pay point 3 Pay point 4

600.31 621.65 642.99 663.94

31,323 32,437 33,550 34,643

624.32 646.52 668.71 690.49

32,576 33,734 34,892 36,029

649.29 672.38 695.46 718.11

33,879 35,084 36,288 37,470

Classification 3 Pay point 1 Pay point 2 Pay point 3 Pay point 4

676.58 692.79 708.99 725.19

35,303 36,149 36,994 37,839

703.65 720.50 737.35 754.20

36,715 37,594 38,474 39,353

731.79 749.32 766.84 784.37

38,184 39,098 40,013 40,927

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SCHEDULE 2 JOB SHARE GUIDELINES GUIDELINES 1

DEFINITION

Job sharing is a voluntary arrangement where a full-time job is divided between two workers with shared responsibility for the total job on a regular ongoing basis. 2.

PRINCIPLES UNDERPINNING THE GUIDELINES

2.1

Job share should not be created at the expense of full-time jobs

2.2

Job share is voluntary

2.3

Job share arrangements should be in writing and each participant provided with an individual letter of appointment

2.4

Job share arrangements should attract full pro-rata entitlements

2.5

Job share arrangements should be flexible to accommodate both College and employee needs, balanced with unambiguous duties and conditions

2.6

Job share arrangements should ensure equity for employees so that they are not disadvantaged by participating in job share and ensure they are supported in contributing to their full potential

2.7

Job share arrangements should ensure provision for adequate consultation between employees

3.

CONDITIONS OF EMPLOYMENT

3.1

Definition

Job share for the purpose of this clause shall be employment for less than a full time employee on a regular and continuous basis. 3.2

Engagement

Job share arrangements may be either fixed term arrangements or continuing for an indefinite period. Employees entering into a job share arrangement do so on the understanding that in the event of the arrangement collapsing and no alternatives being available the position would revert to the original fulltime position with the original staff member. If a job share employee leaves the employment of the College, the remaining employee will be offered the residue of employment, if appropriate. If this employee does not wish to accept this residue, or part thereof, then a further job share arrangement or suitable alternative will be negotiated. Where the partnership lapses during a school year one of the following options must be adopted: 3.2.1

The remaining partner resumes full time status; or

3.2.2

A contracted job share replacement is appointed until the end-of the school year.

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3.3

Minimum Number Of Hours Worked

As employees choose to participate in job share their needs should be taken into account when hours of work are negotiated. However, the efficient operation of the College must also be recognised. Persons shall be employed for a period in the range equivalent to 0.2 to 0.8 of full time employment (where 0.2 is the minimum and 0.8 is the maximum).

3.4

3.3.1

Teaching Staff

(i)

0.5 or less: hours to be timetabled on no more than 3 days with no more than a two-hour gap between teaching commitments.

(ii)

More than 0.5 and up to 0.8: hours to be timetabled on no more than 4 days with no more than a two hour gap between teaching commitments.

3.3.2

School Officer Staff

(i)

0.2: hours to be scheduled on not more than 2 days.

(ii)

0.5: hours to be scheduled on not more than 3 days.

(iii)

More than 0.5 and up to 0.8: hours to be scheduled on no more than 4 days.

Timetable Or Roster

Job sharing must be regular with stable hours and not subject to ad hoc changes by the employer. Arrangements should be established in advance and subject to agreement with the employee. Notice of changes to the arrangements should adhere to TCR provisions for school officers and be two weeks for teachers. If no agreement can be reached the status quo prevails while negotiations between the parties take place. 3.5

Rates Of Pay

Job share employees are entitled to be paid at pro-rata to the rate of full-time employees on the basis of the proportion of weekly hours or wage to the total weekly hours or wage of a full-time employee. Such pro-rata payment shall include allowances. There should be a minimum payment of three hours on any one day. 3.6

Pro Rata Conditions And Benefits

Job share employees should be entitled to annual leave, annual leave loading, sick leave, long service leave, public holidays and superannuation on a pro-rata basis. Where periods of leave are calculated (school officers) the period of leave should be the same as for fulltime employees and not reduced proportionately. As the payment during such periods of leave is reduced proportionately there should be no "extra penalty" of reducing the length of leave as well as the payment. If a job share employee is sick, then the other employee may be offered the day(s) work. If accepted, the employee is paid at the appropriate award rate. 3.7

Special Leave

Special leave with and without pay should be granted on the same basis as for full time employees. 3.8

Overtime

Overtime should be paid in accordance with this Agreement.

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3.9

Professional Development, Promotion, Redundancy

There should be no discrimination against job share employees in the allocation of positions, professional development and promotional opportunities. Job Share employees should not be subject to any form of discrimination in the case of redundancy. 3.10

Conversion Of Existing Employees

Any existing full-time employee can convert to job share on request and with the approval of the College. However, no existing employee should be transferred to a job share arrangement without his/her agreement. Continuity of employment is preserved for employees in a job share arrangement in respect of long service leave and superannuation. A full time employee who converts to job share should be able to revert back to full-time at a future date with six months notice. 3.11

Proportion Of Part-Time Employment

The number of job share teachers employed at John Paul College shall not exceed one to seven or fraction of seven permanent teachers employed at John Paul College. The number of job share school officers employed at John Paul College shall not exceed one to three full time school officers employed by John Paul College. 3.12

Duties And Responsibilities

Job share employees will be expected to assume an appropriate workload relative to their employment fraction. This workload will include the professional duties and responsibilities carried out by full-time employees. 3.13

Other Duties

Job share teachers will undertake "duties" as described in this Agreement on a pro-rata basis and where possible on the days when they are normally in attendance. Possible exceptions could include parent/teacher evening, fetes, carnivals and speech nights. 3.14

Calculation Of Service

All work done by job share employees counts towards incremental progression. Classification increments of salary will become due when the person has completed the equivalent of one (1) year fulltime service. 3.15

Pupil Free Days

Persons are expected to report for fall day duty for the pupil free days nominated for professional development activities during the school year declared by the employer as requiring the attendance of all employees. They will be paid in full for the time so worked. 4.

ACCESS AND EQUITY CONSIDERATIONS

4.1

Job share employees should have the same access as full time employees to professional development.

4.2

To ensure the participation of job share employees in professional development the College should give careful consideration to: 4.2.1

Timing of courses

4.2.2

Location of courses

4.2.3

Costs involved

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4.2.4 4.3

4.4

Provision of child care

Taking into account the College structure job share employees should have access to 4.3.1

Promotion opportunities

4.3.2

Acting in promotion positions

To ensure the participation of job share employees in College processes the College should ensure that: 4.4.1

Consultation and communication includes all employees

4.4.2

Timing of meetings takes into consideration the work patterns of all employees

4.4.3

Timing of meetings takes into consideration the needs of workers with family responsibilities

.

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SCHEDULE 3

1. 1.1

TEACHERS Employment categories

Employees shall be advised in writing of their employment category upon appointment. Employment categories are: (a) Full-time; (b) Part-time (as prescribed in clause 1.2 below); (c) Job share (as prescribed in clause 1.3 below); (d) Casual (as prescribed in clause 1.4 below): or (e) Fixed period (as prescribed in clause 4.1 of this Agreement) 1.2

1.3

Part-time Teachers 1.2.1.

The daily rate of payment for part-time Teachers shall be calculated by dividing the fortnightly rate of salary by 10. Part-time Teachers shall accrue a pro rata entitlement to leave and other full-time Teachers’ entitlements based on the average weekly hours of employment.

1.2.2.

The provisions of clauses 1.5, 1.6 and 1.7 of this Schedule shall apply to part-time Teachers, provided that a part-time Teacher shall be deemed to have completed a Year of Service, for the purpose of determining salary increments only, when the aggregate amount of time paid for is 1,000 hours.

1.2.3.

Payment shall be made at the prescribed rate to a part-time Teacher whose class or classes are not available unless notice has been given to the part-time Teacher of the unavailability of such class or classes on the preceding school day.

Casual Teachers 1.3.1.

A casual Teacher may be employed on a daily or hourly basis.

1.3.2.

The rate of payment for casual Teachers shall be calculated as follows:

(a) (b)

1.4

Daily – by dividing the fortnightly rate of salary by 10 and adding a casual loading of 23% in lieu of leave, Public Holidays and other full-time Teachers’ entitlements. Hourly – by dividing the daily rate in paragraph (a) above by 5.5.

1.3.3.

A casual Teacher shall be employed for a minimum period of 3 hours and a maximum period of 5 days in respect of any one engagement. There shall be a minimum payment of 3 hours for each day so employed.

1.3.4.

Casual Teachers in Secondary School will be paid for preparation and correction time in accordance with clause 2.4 of this Schedule. A casual Teacher will not receive such payment in respect of the first 2 days of any one engagement.

1.3.5.

For the purpose of determining salary increments, a casual Teacher is deemed to have completed a Year of Service when the aggregate amount of time paid for is 1,200 hours.

Incidental and peripheral tasks 1.4.1.

The employer may direct an employee to carry out such duties as are reasonably within the limits of the employee's skill, competence and training.

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1.5

1.4.2.

The employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment (where relevant).

1.4.3.

Any direction issued by the employer in accordance with this clause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

Progression - 3 Year trained Teachers 1.5.1.

Incremental Progression (a)

A 3 Year trained Teacher shall be appointed at Band 1 Step 1.

(b) Except as otherwise provided, progression from one salary Step to a higher salary Step shall be by annual increment up to the maximum salary of Band 2. (c)

1.5.2.

Except as otherwise provided, a 3 Year trained Teacher shall have access to Band 3 and shall complete 2 years service on Steps 1, 2 and 3 of Band 3 before progression to the next Step.

Progression - Additional qualifications A 3 Year trained Teacher who successfully completes further tertiary study to achieve the status of 4 Year trained Teacher shall as from 1 January or 1 July whichever is the first following such completion upon production of satisfactory evidence thereof have the appropriate salary Step determined according to the following table:

Salary Step Clause 5.1.1

Salary Step Clause 5.2.1

Band 1 Step 1 Band 1 Step 2 Band 1 Step 3 Band 1 Step 4

Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4

Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4 Band 2 Step 5

Band 2 Step 5 Band 3 Step 1 Band 3 Step 2 Band 3 Step 3 Band 3 Step 4

1.5.3.

1.6

5.1.4 The arrangements contained in clause 1.5.2 shall not alter the date at which a Teacher progresses to the next salary Step on the scale where applicable.

Progression- 4 Year trained Teachers 1.6.1.

Progression (a)

A 4 Year trained Teacher shall be appointed at Band 2 Step 1.

(b) A Teacher admitted to the service as a 4 Year trained Teacher who has an Approved bachelor's degree with first and second degree honours from a recognised University plus one Year of Teacher education or 2 Approved degrees from a recognised university plus one Year of Teacher education shall commence on the salary prescribed for Step 2. (c)

Except as otherwise provided by this Award, progression from one salary Step to a higher salary Step shall be by annual increment up to a maximum salary of Band 3.

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1.7

Salary increments

Subject to satisfactory conduct, diligence, and efficiency, a Teacher shall receive annual increments in salary according to the scale of salaries applicable until the Teacher receives the maximum salary for which the Teacher is eligible. 1.8

Band 6 Positions 1.8.1.

Selection Procedure The allocation and appointment of Band 6 positions shall be determined by the College. Appointments to Band 6 positions shall be for a fixed period of up to 3 years. Confirmation of all Band 6 appointments shall be in writing and shall clearly state the length of the appointment. An employee appointed to a Band 6 position shall be remunerated in accordance with Schedule 1 – Wages.

1.8.2.

Review of Performance The employee shall undertake a performance appraisal prior to the conclusion of the employee’s appointment in accordance with sub clause 4.7.6 of this Agreement. Nothing in this clause shall prevent the employer from terminating the employee’s appointment in the event of unsatisfactory performance.

1.8.3.

Conclusion of Appointment Term At the end of the appointment term, the Band 6 position shall be advertised internally and shall be open for all staff to make an application. The incumbent is encouraged to make an application. If a suitable person for the position is not found, the employer shall advertise the position externally. The position will be offered to the best applicant for the position. If the incumbent is unsuccessful in obtaining another appointment, he / she shall return to their teaching role at the appropriate classification.

1.8.4.

Tenure An employee who is appointed to a Band 6 position shall retain that position except where: (a) The position has been made redundant; (b) The employee’s performance has been unsatisfactory as determined by a formal appraisal process; (c) The employee fails to be re-appointed to the position.

1.8.5.

Termination of Employment Nothing in this clause shall prevent the employer or the employee from terminating the employee’s employment.

2. 2.1

HOURS OF DUTY Teaching Ordinary Hours

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The ordinary hours of duty for teachers covered by this Agreement shall be based on an annual quantum calculated as: 30 hours x 41 weeks = 1,230 hours per year. 2.2

Teacher Hours of Duty Definitions

The total hours of duty shall be of four classes namely, Contact Time, Non-Contact Time, Co-Curricular and Other Duties. 2.2.1.

Contact Time shall be defined as programmed teaching time, assemblies, services and Pastoral Care class time.

2.2.2.

Non-Contact Time shall be defined as time set aside for preparation and correction.

2.2.3.

Co-Curricular shall be defined as the supervision of school sports, cultural groups and clubs within the school, where those duties fall within the annual quantum of hours. Co-Curricular activities are compulsory and are regulated by the hours of duty prescribed by this Agreement.

2.2.4.

Other Duties are those duties which are not classified as Contact Time, Non-Contact Time or Co Curricular. Other duties fall into two groups; those which are required of all teachers and those which may be required of some teachers at some time. Other Duties which are required of all teachers include the following: parent/teacher nights, planning, preparation, correction, record keeping, report writing, obligated events such as Speech Night, tasks related to the academic development of students, tasks related to the maintenance of good order and behaviour. Other Duties which may be required of some teachers at some times include the following: schools camps, excursions, displays, supervision or cover lessons, occasional functions, meetings, clean-up, playground and/or bus supervision, Prom concerts.

2.3

Teacher Contact Time

The maximum average contact time for teachers shall be as follows: Secondary Teachers (7 - 12) Preschool - Year 6 Teachers Instrumental Music Teachers 2.4

22 hours per week 25 hours and 20 minutes 25 hours and 20 minutes

Teacher Non-Contact Time

Non-Contact time for teachers will be calculated as follows: Years 7-12

The equivalent of 20% of the teacher's contact time, exclusive of assemblies and services.

Primary School:

Teachers in the Primary School and Pre-School shall be entitled to a minimum of two hours of non-contact time per week, aggregated if necessary over periods of up to one school term.

Part-time teachers shall be entitled to non-contact time equivalent to time which reflects the proportion of fulltime hours worked. 2.5

Co-Curricular Duties for Teaching Staff It is agreed between the parties that the existing practice of undertaking the minimum commitment to coach a sporting activity or cultural activity, does form part of the ordinary hours of work and falls within the definition and application of Co-Curricular Duties.

39


The minimum commitment of staff from 1 January 2007 will be: (i)

Coaching a sporting activity whose competition is held over at least one 12 week trimester or an equivalent cultural activity

(ii)

Coaching of any pre-season training for the relevant activity; and

(iii)

Undertaking a Level 1 Coaching Certificate or other appropriate professional development relevant to the relevant activity as determined by the College.

In recognition of this practice, the College will form a bilateral working party to examine equity issues regarding co-curricular duties. This working party will: (a) (b) (c) (d)

2.6

Be formed by the end of Term 1 2007; Consist of equal numbers of Management and Teaching staff representatives nominated by the SBU staff representatives; Provide a report on its findings to the Headmaster by the end of Term 4, 2007; Undertake its responsibilities within the following terms of reference (i) Review existing co-curricular commitments of staff; (ii) Identify factors affecting the equity of co-curricular commitments; (iii) Research and analyse these factors on equity of co-curricular commitments; and (iv) Develop recommendations on strategies to create greater equity in the performance of co-curricular duties within the School’s operational requirements.

Co-Curricular Heads

Co-Curricular Heads will be provided with remuneration or clerical assistance in negotiation with the Headmaster, in recognition of the added responsibility of the job. 2.7

Overtime

Any duties of employees required by the College greater than the hours prescribed in this Agreement shall be regarded as overtime and paid at the rate of time and a half for the first three hours and double time thereafter for each engagement. Employees who believe that they may be entitled to overtime payments must make application to the Headmaster prior to undertaking duty. Payment for any such overtime must be authorised by the Headmaster.

40


SCHEDULE 4

1. 1.1

TEACHER-AIDES Juniors The rates of pay for junior employees shall be as follows:

15 and under 16 years of age 16 and under 17 years of age 17 and under 18 years of age 18 and under 19 years of age 19 and under 20 years of age 20 and under 21 years of age 1.2

1.3

Percentage of appropriate adult minimum rate % 45 50 55 65 75 85

Hours of work 1.2.1.

The ordinary hours of work for an employee shall not exceed 38 hours per week.

1.2.2.

Such ordinary hours of work shall be worked continuously (except for meal breaks) between 7.00 a.m. and 6.00 p.m. on Mondays to Fridays inclusive.

Overtime Any duties of employees required by the College greater than the hours prescribed in this Agreement shall be regarded as overtime and paid at the rate of time and a half for the first three hours and double time thereafter for each engagement. Employees who believe that they may be entitled to overtime payments must make application to the Headmaster prior to undertaking duty. Payment for any such overtime must be authorised by the Headmaster.

1.4

1.5

Rest pauses 1.4.1.

Full-time employees shall receive a paid rest pause of 10 minutes' duration in the first half and the second half of each day worked.

1.4.2.

Employees other than full-time who work a minimum of 4 consecutive ordinary hours but no more than 6 consecutive ordinary hours on any one day shall receive a rest pause of 10 minutes' duration. Employees who work in excess of 6 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked.

1.4.3.

Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary.

1.4.4.

Notwithstanding the foregoing, where the employer and the employees agree the rest pauses may be combined.

Meal break An employee working six (6) or more consecutive ordinary hours (excluding the meal break) shall be entitled to an unpaid meal break of not less than half an hour and not more than one hour per working day.

41


1.6

Term Dates for Teacher Aides Starting and finishing dates for each term for Teacher Aides be the same as the starting and finishing dates for teaching staff.

1.7

Professional Development Days for Teacher Aides Teacher Aides will attend professional development days and will be paid for all hours for which they are required to attend, at their normal rate (full day same as teaching staff).

1.8

Teacher Aide Classification Structure 1.8.1.

The following classification structure shall apply to Teacher Aides: (a)

(b) (c)

It is a requirement that all teacher aides hold a Certificate III level qualification in Education Support, or if unqualified, to commence this course within 6 months of starting in this position. A new employee with no relevant experience shall begin work at classification 002, pay point 1; Incremental pay point advancement shall occur in accordance with the following: (i)

(ii) (iii)

1.9

Each level of the structure has varying pay steps which provide for yearly service increments within a level. Such increments are payable subject to satisfactory performance but will not be unreasonably withheld by the employer without due process. For the purposes of establishing the entitlement of an employee to a yearly pay increment a year's service shall constitute 1976 hours of duty. Subject to paragraph (e) of this clause, an employee may be appointed to a higher level without having progressed through all pay points within a lower level.

(d)

A new employee with sufficient relevant experience to the satisfaction of the College shall begin work at classification 002, pay point 3; and

(e)

Relevant experience shall be previous experience in a teacher aide position or other experience considered relevant by the College.

(e)

Access to classification 003 shall be available after the employee has spent at least twelve (12) months at classification 002 pay point four, holds a Senior First Aid Certificate, and holds an AQTF Certificate III level qualification, or an equivalent or higher qualification.

(f)

An employee may be employed at classification 004, where the employer determines a need for an employee with higher skills or specialist skills. Competency standards shall be determined to reflect this level of skill and responsibility.

Contract of employment

Each employee other than a casual employee shall be advised in writing at point of engagement the following: (a) The nature of engagement e.g. full-time, part-time, casual (b) If not full-time, the weeks the employee is to be employed. (c) The days of the week the employee is to be employed. (d) The normal starting and finishing time for each day's employment. (e) The duration of the engagement in respect of employment for a fixed period.

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1.10

Employment Categories 1.10.1.

Employment categories are:

(a) full-time which means an employee engaged to work 38 ordinary hours per week on the basis of 52 weeks per annum; (b) part-time (as prescribed in clause 1.11 below); (c) casual (as prescribed in clause 1.14 below); or (d) term-time employee (as prescribed in clause 1.12 below); (e) fixed period employee (as prescribed in clause 1.12 below); or (f) part-time term-time employee (as prescribed in clause 1.13 below). 1.10.2.

1.11

Subject to clauses 4.8 and 4.9 of this Agreement, an employer may vary the terms of engagement of any employee other than a casual employee by providing 2 weeks' notice of such changes unless it is mutually agreed between the employer and employee for a shorter period of time.

Part-time employment 1.11.1.

A part-time employee is an employee who:

(a) is employed for less than 38 ordinary hours per week on the basis of 52 weeks per annum; and (b) has reasonably predictable hours of work; and (c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees covered by this Agreement.

1.12

1.11.2.

Subject to clause 1.10.2 of this Schedule the agreed number of ordinary hours per week may be varied by mutual agreement. Any such agreed variation to the number of weekly hours of work will be recorded in writing.

1.11.3.

A part-time employee shall be entitled to be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

1.11.4.

Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the number of hours normally worked on that day.

1.11.5.

Where an employee and their employer agree in writing, part-time employment may be converted to full-time, and vice-versa. If such an employee transfers from full-time to parttime (or vice-versa), all accrued Award and legislative entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

Employment of term-time and fixed period employees 1.12.1.

"Term-time employee" is a continuing employee engaged to work:

(a) 38 ordinary hours per week but less than 52 weeks per annum; or (b) Less than 38 ordinary hours per week and less than 52 weeks per annum. 1.12.2.

"Fixed period employee" is one engaged to work 38 ordinary hours or less per week with a

43


specified commencement and cessation date: Provided that a fixed period employee may be engaged for a period of up to 52 weeks in respect of any one engagement.

1.13

1.12.3.

Term-time or fixed period employees shall be entitled to be paid an hourly rate for ordinary hours worked equal to the appropriate weekly full-time rate divided by 38.

1.12.4.

Term-time or fixed period employees shall be entitled to receive pro rata entitlements to annual leave and sick leave.

1.12.5.

Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the number of hours normally worked on that day.

Employment of Permanent Part-Time Term Time Teacher Aides 1.13.1.

Part-Time Term Time Teachers Aides shall be entitled to be paid an hourly rate for ordinary hours worked equal to the appropriate weekly full-time rate divided by 38.

1.13.2.

Payment of Public & School Designated Holidays The following provisions shall apply to an employee who is employed on either a continuing term time basis or on successive fixed period term time contracts: (a)

(b)

(c) (e) (f)

1.14

Where a public holiday within the school term falls on a day where a term time employee normally would be expected to work, then that employee shall be paid for the hours normally rostered to work for that day; If Australia Day falls during or between the Staff Days at the beginning of the year and the first term, the employee shall be paid for the hours normally rostered to work for that day; For the purposes of this clause, "school term" means from the first teacher day to the last teacher day of the relevant term; Public holidays paid in accordance with these provisions shall be included in the calculation of the employee's length of service for all purposes; and For the purposes of this clause, a successive fixed period term time employee is one who is employed on two or more successive contracts with the one employer and has not more than three months break between such contracts.

Employment of Casual Teacher Aides 1.14.1.

Casual employee means an employee engaged and paid as such and who is employed by the hour for a maximum period of 20 working days on any one engagement.

1.14.2.

A casual employee shall be paid an hourly rate equal to 1/38th of the weekly rate for a fulltime employee plus 23% with a minimum payment of 2 hours for each day’s engagement.

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