Portside Christian College Enterprise Agreement 2021
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Fair Work Act 2009
s.185—Enterprise agreement
Portside Christian College Inc
(AG2021/8637)
PORTSIDE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2021
Educational services
DEPUTY PRESIDENT BOYCE SYDNEY, 10 DECEMBER 2021
Application for approval of the Portside Christian College Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement to be known as
the Portside Christian Colle...
...
1
Fair Work Act 2009
s.185—Enterprise agreement
Inc
(AG2021/8637)
PORTSIDE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2021
Educational services
DEPUTY PRESIDENT BOYCE SYDNEY, 10 DECEMBER 2021
Application for approval of the Portside Christian College Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement to be known as
the Portside Christian College Enterprise Agreement 20...
...
Fair Work Act 2009
s.185—Enterprise agreement
Inc
(AG2021/8637)
ENTERPRISE AGREEMENT 2021
Educational services
DEPUTY PRESIDENT BOYCE SYDNEY, 10 DECEMBER 2021
Application for approval of the Portside Christian College Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement to be known as
the Portside Christian College Enterprise Agreement 2021 (Agreement). The applicati...
...PUTY PRESIDENT BOYCE SYDNEY, 10 DECEMBER 2021
Application for approval of the Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement to be known as
the Portside Christian College Enterprise Agreement 2021 (Agreement). The application was
made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Portside Christian
College Inc (Employer). The Agreement is a ...
...
[2021] FWCA 7064
3
Annexure A
Fair Work Commission
Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the
Fair Work Act 2009
Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and
Reg. 2.07 of the Fair Work Regulations 2009 (Cth)
Portside Christian College gives the following undertaking:
1. Under clause 28.4(c) a casual employee may be empl...
...or Enterprise Agreement 2021 - s 185 of the
Fair Work Act 2009
Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and
Reg. 2.07 of the Fair Work Regulations 2009 (Cth)
Portside Christian College gives the following undertaking:
1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not
for less than three (3) consecutive hours.
Signed : Dr Sue Starling
...
...following undertaking:
1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not
for less than three (3) consecutive hours.
Signed : Dr Sue Starling
Principal
Portside Christian College
Date
Fair Work Commission Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair ...
... employee may be employed for less than one (1) day but not
for less than three (3) consecutive hours.
Signed : Dr Sue Starling
Principal
Date
Fair Work Commission Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and Reg. 2.07 of the Fair Work Regulations 2009 (Cth) Portside ...
...tion for Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and Reg. 2.07 of the Fair Work Regulations 2009 (Cth) Portside Christian College gives the following undertaking: 1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not for less than three (3) consecutive hours. 9/12/21 Signed: Dr Sue Starling...
...wing undertaking: 1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not for less than three (3) consecutive hours. 9/12/21 Signed: Dr Sue Starling Date Principal Portside Christian College
...
...
Page 1 of 75
Portside Christian College
Enterprise Agreement
2021
...
...
Page 4 of 75
PART 1 - APPLICATION AND OPERATION
1. Title
This enterprise agreement will be known as the Portside Christian College Enterprise
Agreement 2021.
2. Definitions and Interpretation
In this Agreement unless otherwise stated:
Agreement means the Portside Christian College Enterprise Agreement 2021.
Employee means an employee of the School who falls within the scope of Clause 5
of this A...
...ATION
1. Title
This enterprise agreement will be known as the Enterprise
Agreement 2021.
2. Definitions and Interpretation
In this Agreement unless otherwise stated:
Agreement means the Portside Christian College Enterprise Agreement 2021.
Employee means an employee of the School who falls within the scope of Clause 5
of this Agreement (Coverage).
Fair Work Act or Act means the Fair Work Act 2009 (Commo...
...ime.
Principal means the employee appointed by the School to the most senior leadership
position in the School or a teacher acting in this position in the absence of the
Principal.
School means Portside Christian College.
School Days means the days on which Employees are normally expected to be at
the School and the public holidays which occur other than in school vacation periods.
School Year means the period...
...
Fair Work Commission
Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the
Fair Work Act 2009
Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and
Reg. 2.07 of the Fair Work Regulations 2009 (Cth)
Portside Christian College gives the following undertaking:
1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but ...
...or Enterprise Agreement 2021 - s 185 of the
Fair Work Act 2009
Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and
Reg. 2.07 of the Fair Work Regulations 2009 (Cth)
Portside Christian College gives the following undertaking:
1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not
for less than three (3) consecutive hours.
Signed : Dr Sue Starling
...
...following undertaking:
1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not
for less than three (3) consecutive hours.
Signed : Dr Sue Starling
Principal
Portside Christian College
Date
Fair Work Commission Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair ...
... employee may be employed for less than one (1) day but not
for less than three (3) consecutive hours.
Signed : Dr Sue Starling
Principal
Date
Fair Work Commission Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and Reg. 2.07 of the Fair Work Regulations 2009 (Cth) Portside ...
...tion for Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and Reg. 2.07 of the Fair Work Regulations 2009 (Cth) Portside Christian College gives the following undertaking: 1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not for less than three (3) consecutive hours. 9/12/21 Signed: Dr Sue Starling...
...wing undertaking: 1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not for less than three (3) consecutive hours. 9/12/21 Signed: Dr Sue Starling Date Principal Portside Christian College
...
1 Fair Work Act 2009 s.185—Enterprise agreement Portside Christian College Inc (AG2021/8637) PORTSIDE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2021 Educational services DEPUTY PRESIDENT BOYCE SYDNEY, 10 DECEMBER 2021 Application for approval of the Portside Christian College Enterprise Agreement 2021 [1] An application has been made for approval of an enterprise agreement to be known as the Portside Christian College Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Portside Christian College Inc (Employer). The Agreement is a single enterprise agreement. [2] The Employer has provided written undertakings dated 9 December 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020 and the Educational Services (Schools) General Staff Award 2020), and that the undertakings will not result in substantial changes to the Agreement. [3] The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation. [4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met. [5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. [6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 30 June 2024. [2021] FWCA 7064 DECISION FairWork Commission AUSTRALIA FairWork Commission[2021] FWCA 7064 2 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer AE514235 PR736670 THE FAIR WORK OF T MISSION[2021] FWCA 7064 3 Annexure A Fair Work Commission Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and Reg. 2.07 of the Fair Work Regulations 2009 (Cth) Portside Christian College gives the following undertaking: 1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not for less than three (3) consecutive hours. Signed : Dr Sue Starling Principal Portside Christian College Date Fair Work Commission Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and Reg. 2.07 of the Fair Work Regulations 2009 (Cth) Portside Christian College gives the following undertaking: 1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not for less than three (3) consecutive hours. 9/12/21 Signed: Dr Sue Starling Date Principal Portside Christian CollegePage 1 of 75 Portside Christian College Enterprise Agreement 2021LawsonH Undertaking Page 2 of 75 Table of Contents PART 1 - APPLICATION AND OPERATION 4 1. Title 4 2. Definitions and Interpretation 4 3. Term of the Agreement 5 4. Renegotiation 5 5. Coverage 5 6. Access to the Agreement and National Employment Standards 5 PART 2 - ALL EMPLOYEES 6 7. National Employment Standards (NES) 6 8. Provisions Providing Entitlements Superior to the NES 6 9. Long Service Leave 10 10. Flexibility 10 11. Consultation regarding major workplace change 11 12. Consultative Committee 13 13. Teacher Workload 14 14. Dispute Resolution 15 15. Union Related Matters 16 16. Anti-Discrimination 16 17. Method of Remuneration 17 18. Superannuation 17 19. Salary Packaging 17 20. Monetary Obligations 18 PART 3 - TEACHERS 19 21. Definitions 19 22. Contract of Hiring 19 23. Termination of Employment 22 24. Redundancy 24 25. Disciplinary Action 26 26. Employment outside the School 26 27. Meal break 27 28. Salary Rates and Allowances 27 29. Payroll deductions 28 30. Higher duties 28 31. Annual leave 28 32. Pro-rata payment of salary inclusive of annual leave 28 33. Annual leave loading 30 34. Staff absences 30 35. Working arrangements 30 PART 4 - GENERAL STAFF 32 36. Definition 32 37. Contract of Hiring 32 38. Employment Categories 32 39. Termination of Employment 36 40. Redundancy 38 41. Unsatisfactory Performance 41 42. Salaries 41 43. Annualised Salaries 42 44. First Aid Allowance 42 45. Higher Duties 42Page 3 of 75 46. Reclassification and Role Review 43 47. Ordinary Hours of Work 44 48. Breaks 44 49. Overtime 44 50. Penalty Rates 45 51. Travel Time 45 52. Variations to Working Period 45 53. Annual Leave 46 54. Professional Development 46 55. Clothing, Equipment and Tools 47 PART 5 - SIGNATORIES 48 SCHEDULE 1 - SALARIES AND ALLOWANCES - TEACHERS 49 SCHEDULE 2 - CLASSIFICATION STRUCTURE - TEACHERS 50 SCHEDULE 3 - SALARIES AND ALLOWANCES - GENERAL STAFF 54 SCHEDULE 4 - CLASSIFICATION STRUCTURE - GENERAL STAFF 55Page 4 of 75 PART 1 - APPLICATION AND OPERATION 1. Title This enterprise agreement will be known as the Portside Christian College Enterprise Agreement 2021. 2. Definitions and Interpretation In this Agreement unless otherwise stated: Agreement means the Portside Christian College Enterprise Agreement 2021. Employee means an employee of the School who falls within the scope of Clause 5 of this Agreement (Coverage). Fair Work Act or Act means the Fair Work Act 2009 (Commonwealth) as amended from time to time. Fair Work Commission means the body established by section 575 of the Fair Work Act or any successor body. General Staff Award means the Educational Services (Schools) General Staff Award 2020. Industrial Matter means a matter affecting or relating to the rights, privileges or duties of an employer or employers or an employee or employees, or the work to be done in employment, including all questions of what is right and fair in relation to an industrial matter having regard to the interests of the persons immediately concerned and of society as a whole. NES means the National Employment Standards in Part 2-2 of the Fair Work Act, as amended from time to time. Principal means the employee appointed by the School to the most senior leadership position in the School or a teacher acting in this position in the absence of the Principal. School means Portside Christian College. School Days means the days on which Employees are normally expected to be at the School and the public holidays which occur other than in school vacation periods. School Year means the period of 12 months commencing on the first day teachers are required to attend the School for the new education year, as determined by the School. Teachers’ Award means the Educational Services (Teachers) Award 2020. Term Weeks means the weeks in a year that students are required to attend school as set out in the school calendar.Page 5 of 75 Union or IEU means the Independent Education Union of Australia. Years of Service means the total years of teaching experience gained as a teacher in South Australian schools or pre-schools or in comparable schools outside South Australia including employment as a casual, temporary or replacement teacher. 3. Term of the Agreement This Agreement will operate from the date 7 days after the Agreement is approved by the Fair Work Commission (pursuant to section 54 of the Act) and has a nominal expiry date of 30 June 2024. 4. Renegotiation The School and Employees will commence discussions in relation to the negotiation of a further enterprise Agreement at least three months immediately prior to the nominal expiry date of this Agreement. 5. Coverage 5.1 This Agreement will cover: (a) the School; (b) all employees of the School who fall within the coverage of the Teachers’ Award or the General Staff Award, excluding: (1) Principal (2) Deputy Principal/s (3) Business Manager (4) Employees whose principal duties are Instructional Services, as defined in the General Staff Award including instrumental music tutors, choir masters and sports coaches. 5.2 It is intended that the Independent Education Union of Australia will give notice to the Fair Work Commission under section 183 of the Act that it wants this Agreement to cover it. 6. Access to the Agreement and National Employment Standards The School must ensure that copies of this Agreement and the NES are readily available to Employees either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.Page 6 of 75 PART 2 - ALL EMPLOYEES 7. National Employment Standards (NES) 7.1 The NES comprise Part 2 – 2 of the Act (sections 59 – 131) and contain 10 minimum standards relating to: • Maximum weekly hours of work • Requests for flexible working arrangements • Offers and requests to convert from casual to permanent employment • Parental leave and related entitlements • Annual leave • Personal/Carer's leave, compassionate leave and unpaid family and domestic violence leave • Community service leave • Long service leave • Public holidays • Notice of termination and redundancy pay • Fair Work Information Statement and Casual Employment Information Statement. 7.2 The provisions of the NES apply to all Employees. It is not intended that this Agreement operate in any way that is less favourable than the NES. If any provision of this Agreement could be interpreted as providing a less favourable outcome to an employee than the NES, the NES will prevail to the extent of the inconsistency. Where this Agreement provides Employees with superior entitlements to those which are provided by the NES, this Agreement will apply. 8. Provisions Providing Entitlements Superior to the NES 8.1 Parental Leave (a) The parental provisions of the NES are varied such that: (1) For a permanent Employee who is entitled to take, and does take, unpaid birth - related leave or adoption - related leave under section 70 of the Act, at the time of birth of the child or at the time of placement of the child in the case of adoption, and who is or will be the primary carer of the child, will be entitled to a payment subject to the following conditions: (A) The rate of pay will be the amount that would otherwise be paid to the staff member (including allowances, penalties, or other additional payments) if she had not commenced maternity leave. (B) An Employee with at least twelve (12) months’ continuousPage 7 of 75 service at the school will be entitled to fourteen (14) weeks’ pay at their substantive rate of pay. (C) For the purposes of this clause, continuous service will comprise of full-time or part-time service, replacement or temporary service, but not casual service. A period of child rearing leave is not counted as service for this purpose. (D) Each subsequent entitlement will require at least one (1) calendar year from the date of return to work of continuous service after the end of the previous period of child rearing leave. Periods of long service leave shall not be counted as service for this purpose. (2) An Employee with service of at least the amount prescribed in section 67(1) or (2) of the Act whose spouse or de facto partner gives birth to a child or adopts a child is entitled to paid leave for five (5) School Days around the time (that is, 3 weeks’ either side) of the child’s birth or adoption. This leave need not necessarily be taken in one continuous period. (3) Any paid leave taken in accordance with clause 8.1(a)(1) will not count as service for any purpose. (4) Employer superannuation contributions will be made on payments of paid parental leave. 8.2 Child Rearing Leave (a) In addition to Parental Leave, Employees are entitled to Child Rearing Leave for a maximum of 52 weeks, less any extended unpaid parental leave approved under section 76 of the Act in regard to the same child. (b) An employee may request an additional twelve (12) months Child Rearing Leave which is subject to approval at the discretion of the Principal. (c) Child Rearing Leave is leave without pay and is available only for the care of pre-school aged children. (d) Employees must, not less than 10 weeks prior to the proposed start of Child Rearing Leave, give the School written notice of the dates on which they propose to start and finish the period of leave. Employees are not in breach of this requirement if in compelling circumstances they are required to become the primary care-giver of a child. 8.3 Personal/carer's leave (a) Full-time Employees are entitled to 10 days of paid personal/carer's leave upon commencement of their employment with the School and a further 10 days personal/carer's leave on the commencement of each succeeding year of continuous service with the School. Part-time Employees are entitled to receive annually a pro-rata fraction of the full-time entitlement. (b) An Employee (other than a casual employee) who has a personal/carer's leave credit who is on long service leave is entitled to take personal leave providing the Employee has sufficient personal/carer's leave credit and produces a medical certificate covering the period of illness.Page 8 of 75 (c) An Employee who is absent on paid personal leave either on the working day immediately preceding or immediately following a public holiday or on both days is entitled to payment for that holiday without deduction from the personal/carer's leave credit of the Employee. (d) Where an Employee produces a medical certificate which states that the Employee is suffering from one of the following diseases: • Acquired immune deficiency syndrome • Chicken pox • Diphtheria • Erysipelas • Glandular fever • Herpetic whitlow • Infectious hepatitis • Infectious mononucleosis • Measles • Meningitis • Mumps • Poliomyelitis • Rubella • Scarlet fever • Staphylococcal infection • Typhoid • Whooping cough • Cholera • Small pox • Yellow fever • Malaria • Tuberculosis • Giardia • Other diseases as the School may determine by notice to Employees following proof of the disease within the School and related activities. and where a medical practitioner is of the opinion that in all probability thePage 9 of 75 disease was contracted by the Employee while on duty as a result of contact with the children or other Employees of the School then the Employee must be granted special leave with pay not debited to the Employee's paid personal/carer's leave credit. (e) Any leave granted under this clause cannot exceed 52 weeks in total, whether taken in one period or in broken periods for one particular disease. (f) Part-time Employees will be entitled to leave under this clause, on a pro-rata basis, but the leave granted cannot exceed 52 weeks in total, whether taken in one period or in broken periods for one particular disease. 8.4 Community Service Leave The community service leave provisions of the NES apply, but in addition for all Employees, the School will reimburse an Employee the difference between the amount paid for attendance at jury service and the amount of salary the Employee would have received in respect to the ordinary time the Employee would have worked had the Employee not been on jury service. 8.5 Special Leave (a) The School may, where reasonable cause exists grant to an Employee special leave with or without pay for any period and upon such conditions as are mutually agreed with the Employee and by discretion of the Principal. (b) At the discretion of the Principal an employee may be able to access two (2) days of paid personal leave per annum to attend special family events or deal with unforeseen circumstances which the Principal deems warrants the leave. (c) Other unpaid Special leave granted is in addition to any other leave to which an Employee is entitled to under the Agreement or the NES. (d) Leave without pay will not be taken into account in calculating a period of service for any purpose nor for calculating long service leave. However, absence on leave will not break continuity of service. 8.6 Family and Domestic Violence Leave (a) An employee experiencing family and domestic violence is entitled to up to five (5) days per year (this leave does not accrue) of paid family and domestic violence leave for the purposes of: • Attending legal proceedings, counselling, appointments with a medical or legal practitioner • Relocation or making other safety arrangements; or • Other activities associated with the experience of family and domestic violence. (b) It is acknowledged that each family violence situation is different and therefore each request for support may well be different. Every request should be responded to without judgement or discrimination, bearing in mind that a range of provisions may be required including (but not limited to) paid leave to attend appointments or move house, flexible working arrangements, modifications to working arrangements for personal security and arrangements which will ensure confidentiality where it is needed.Page 10 of 75 (c) The School may require evidence to support this request. The evidence required will be that which would satisfy a reasonable person that the leave is necessary. The evidence will not be retained by the School, unless requested by the employee. (d) Upon exhaustion of the leave entitlements in this clause, employees will be entitled to further leave, paid or unpaid, at the Principal’s discretion for each occasion. 8.7 Redundancy Entitlements – All Agreement covered Staff This Agreement provides more favourable entitlements than the NES relating to notice, consultation, and redundancy pay in the event of redundancies – see clauses 25 and 41 of this Agreement. 8.8 Notice of Termination of Employment This Agreement provides more favourable entitlements than the NES relating to notice of termination of employment for teachers and for general with not more than 1 years’ service – see clause 24 in respect of teachers and clause 40 in respect of general staff. 9. Long Service Leave 9.1 Long service leave is provided for in the Long Service Leave Act 1987 (South Australia). 9.2 One term or fourteen (14) weeks’ notice of the desire to take long service leave is to be given by an employee. Less notice may be required in emergency/extenuating circumstances. 9.3 The School may, where reasonable cause exists grant to an Employee Long Service Leave for any period and upon such conditions as are mutually agreed with the Employee and by discretion of the Principal. 10. Flexibility 10.1 The School and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if: (a) the individual flexibility arrangement deals with one or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; (b) the arrangement meets the genuine needs of the School and the Employee in relation to one or more of the matters mentioned in paragraph 10.1(a) above; and (c) the arrangement is genuinely agreed to by the School and the Employee.Page 11 of 75 10.2 The School must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 10.3 The School must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the School and Employee; and (c) is signed by the School and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (1) the terms of this Agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (4) states the day on which the arrangement commences. 10.4 The School must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 10.5 The School or the Employee may terminate the individual flexibility arrangement: (a) by giving 28 days’ written notice to the other party to the arrangement; or (b) if the School and the Employee agree in writing — at any time 11. Consultation regarding major workplace change 11.1 This term applies if: (a) the School has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees Please note: Subclauses 11.2 to 11.8 apply to 11.1(a) only and consultation requirements relating to 11.1(b) are dealt with in subclause 11.9. Major change 11.2 For a change referred to in clause 11.1(a), The School must notify the relevant Employees and the Union of the decision to introduce the major change.Page 12 of 75 11.3 The Employees may appoint a representative for the purposes of the procedures in this clause. If: (a) a relevant Employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the School of the identity of the representative; the School must recognise the representative. 11.4 As soon as practicable after making its decision, the School must: (a) discuss with the relevant Employees and offer in writing to discuss with the Union: (1) the introduction of the change; and (2) the effect the change is likely to have on the Employees; and (3) measures the School is taking to avert or mitigate the adverse effect of the change on the Employees; and (b) for the purposes of the discussion — provide, in writing, to the relevant Employees and the Union: (1) all relevant information about the change including the nature of the change proposed; and (2) information about the expected effects of the change on the Employees; and (3) any other matters likely to affect the Employees. 11.5 However, the School is not required to disclose confidential or commercially sensitive information to the relevant Employees or the Union. 11.6 The School must give prompt and genuine consideration to matters raised about the major change by the relevant employees or the Union. 11.7 If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the School, the requirements set out in paragraph 11.2 and sub-clauses 11.3 and 11.4 are taken not to apply. 11.8 In this clause, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of Employees; or (b) major change to the composition, operation or size of the School's workforce or to the skills required of Employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; orPage 13 of 75 (e) the need to retrain Employees; or (f) the need to relocate Employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or ordinary hours of work 11.9 For a change referred to in paragraph 11.1(b) the School must notify the relevant employees of the proposed change; and 11.10 the relevant employees may appoint a representative for the purposes of the procedures in this term. 11.11 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the School must recognise the representative. 11.12 As soon as practicable after proposing to introduce the change, the School must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion—provide to the relevant employees: (1) all relevant information about the change, including the nature of the change; and (2) information about what the School reasonably believes will be the effects of the change on the employees; and (3) information about any other matters that the School reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 11.13 However, the School is not required to disclose confidential or commercially sensitive information to the relevant employees. 11.14 The School must give prompt and genuine consideration to matters raised about the change by the relevant employees. 11.15 In this term, relevant Employees means the Employees who may be affected by the major change. 12. Consultative Committee 12.1 The parties to this Agreement will participate in a Consultative Committee comprising elected staff and College management members to meet as prescribed, to discuss flexible, productive and efficient work practices at the College. The parties recognise that consultative arrangements are purely advisory in nature and any decisions remain the prerogative of the College.Page 14 of 75 12.2 In working together towards achieving the aims specified in Clause 11, the Consultative Committee will consider opportunities to improve the working environment at the College and make recommendations for consideration by the Principal. 12.3 The general role of the Committee is to provide a mechanism for consultation between the College and employees bound by this Agreement concerning opportunities relevant to the working environment. 12.4 The School has a separate policy and procedure which has been established to support a staff member if they have a workplace grievance or complaint they wish to raise with management. 12.5 The Committee shall not deal with issues regarding change to this Agreement. 12.6 The Committee will comprise the following College employees: (a) three employer representatives including the Principal. (b) three employee representatives elected by and from all staff bound by this Agreement. 12.7 The Committee will elect a chairperson (with a right to vote) from amongst its membership. 12.8 Following approval by the Committee, minutes of Committee meetings shall be distributed to College staff bound by this Agreement. 12.9 In approving minutes, the Committee will give due regard to issues of privacy and confidentiality. 12.10 The Committee will meet at least once each school term unless otherwise agreed. 12.11 Staff representatives shall be afforded reasonable opportunities to consult with their department/team both prior to and following discussions by the Committee. 12.12 The Committee will operate on the basis of seeking consensus outcomes with regard to matters brought before it. 12.13 The outcomes of discussions, consensus or otherwise, will form a recommendation to the Principal. 12.14 Outcomes recommended to and endorsed by the Principal will, if appropriate, be incorporated into formal College policies/protocols 13. Teacher Workload During the term of this Agreement the Consultative Committee will commit to discussions regarding teacher workload at the School which may include a review of contact time, co-curricular commitments, extracurricular expectations, recognition for school camp attendance and potential release time for report writing.Page 15 of 75 14. Dispute Resolution 14.1 If a dispute relates to: (a) a matter arising under this Agreement; or (b) the National Employment Standards; or (c) an industrial matter this clause sets out procedures to settle the dispute. 14.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 14.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management, including the Principal. (a) Stage 1: (1) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management including the Principal. (b) Stage 2: (1) If the matter is unresolved at stage 1, the employee can request a conference with the Principal. (2) The employee must notify the Principal, in writing, of the nature of the grievance and the remedy sought. (3) The conference must be convened as soon as practicable and, where possible, not more than 7 days following receipt of the request. (4) The employee is entitled to be accompanied at the meeting by a support person or representative. (5) The Principal may be accompanied at the meeting by a person of his or her choice. 14.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 14.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (1) arbitrate the dispute; and (2) make a determination that is binding on the parties.Page 16 of 75 Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div. 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 14.6 While the parties are trying to resolve the dispute using the procedures in this clause: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the School to perform other available work at the same workplace, or at another workplace, unless: (1) the work is not safe; or (2) applicable occupational health and safety legislation would not permit the work to be performed; or (3) the work is not appropriate for the employee to perform; or (4) there are other reasonable grounds for the employee to refuse to comply with the direction. 14.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this clause. 15. Union Related Matters 15.1 The School must permit an Employee who is the School representative of a registered union that is entitled to represent the industrial interests of any Employees to post notices on a common room notice board. 15.2 The representative will be permitted in working hours (other than timetabled teaching time) to interview the Principal or Principal's delegate on union business. These interviews must take place at a time and place convenient to both parties. 15.3 The School agrees to release each Union representative each year for one day of paid training leave plus one day of paid leave to attend the Annual Representatives Conference. 16. Anti-Discrimination 16.1 The School acknowledges that it is unlawful to discriminate directly or indirectly against an Employee covered by the Agreement because of, or for reasons including, the Employee's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 16.2 However, a term of this Agreement does not discriminate against an Employee: (a) if the reason for the discrimination is the inherent requirements of the particular position concerned; or (b) merely because it discriminates, in relation to employment of the EmployeePage 17 of 75 as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed: (1) in good faith; and (2) to avoid injury to the religious susceptibilities of adherents of that religion or creed. 16.3 A term of this Agreement does not discriminate against an employee merely because it provides for wages for: (a) all junior Employees, or a class of junior Employees; or (b) all Employees with a disability, or a class of Employees with a disability; or (c) all Employees to whom training arrangements apply, or a class of Employees to whom training arrangements apply. 17. Method of Remuneration 17.1 All monies payable to Employees will be paid once each fortnight. 17.2 Payment will be made by direct transfer. An Employee has the right to nominate the financial institution and the account. 18. Superannuation 18.1 The College is required to make statutory superannuation guarantee contributions on an employee’s behalf to the employee’s fund of choice or, if the employee does not nominate a fund, to the employee’s stapled fund, in accordance with the Superannuation Guarantee Scheme and the Superannuation Guarantee (Administration) Act 1992. 18.2 If an employee does not nominate a fund and does not have a stapled fund the College will make contributions to NGS Super. 18.3 Subject to the governing rules of the relevant superannuation fund, an Employee may, in writing, authorise the College to pay on behalf of the Employee a specified amount from the post taxation remuneration of the Employee into the same superannuation fund as the College makes the superannuation contributions provided for in this clause 18.4 Contributions will be paid monthly on behalf of all Employees for whom contributions are required to be made. 19. Salary Packaging 19.1 In this clause “total remuneration” for an Employee shall include salary and any other emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the School to the Employee and which arise from the substantive employment, but excluding employer superannuation benefits payable by the Employer in satisfaction of the Superannuation Guarantee Legislation. 19.2 The requirements to pay salaries will in the alternative be satisfied where: (a) by written agreement between the School and an Employee the Employee’s total remuneration for any period, however effected, is at least equal inPage 18 of 75 quantum value to the money amount specified to apply to that Employee’s classification for that period pursuant to this Agreement; (b) no part of any agreement made pursuant to this clause contravenes a law of the State of South Australia or of the Commonwealth, or public or private rulings of the Australian Taxation Office; and (c) any agreement made pursuant to this clause proceeds only from the request of an Employee made prior to derivation of the agreement provided also that such agreement may be terminated by either party giving the other at least 28 days’ written notice of withdrawal from the agreement. 19.3 The written agreement referred to in clause 19.2 (a) shall clearly specify the proposed arrangements including the agreed quantum value of any non-cash item, the net impact on take home salary, and the liability for taxation obligations and administration expenses (if any) which may arise from the arrangements; 19.4 The Employee shall be afforded the opportunity to take advice on the detail of any proposed written agreement prior to its execution. 19.5 Employees are invited by the School to request an agreement which offsets wages by the combined value of expense payment benefits (as defined in Section 20 of the Fringe Benefits Tax Assessment Act 1986 (Cth.)) paid by the School on behalf of the Employee and any taxation obligations and administrative expenses (if any) to these amounts, to a maximum of 40% of total remuneration. 19.6 Employees whose agreement includes expense payment benefits other than superannuation will use a third party nominated by the School to process all expense payment benefits, and the third party’s costs will be borne by the staff member. 20. Monetary Obligations 20.1 The monetary obligations imposed on the School by this Agreement may be absorbed into over agreement payments. Nothing in this agreement requires the School to maintain or increase any over agreement payments.Page 19 of 75 PART 3 - TEACHERS 21. Definitions In this Part: Employee means a person employed by the School as a teacher in a classification described in Schedule 2. 22. Contract of Hiring 22.1 General Provisions (a) All Employees will be employed as permanent full-time, permanent part-time, replacement, temporary or casual Employees, subject to the provisions in clause 22.4 (Employment Categories). (b) On appointment, the School will provide the Employee (other than a casual Employee) with a letter of appointment stating the classification and rate of salary applicable on commencement, the Employee's face-to-face teaching load and details of their extra-curricular commitment. (c) In the case of a part-time Employee, the letter of appointment will include the Employee's teaching load expressed as a percentage (to two decimal points) of a full-time load in the School and their extra-curricular commitment will generally be, on balance, in the same proportion to their teaching load as that of a full-time Employee. (d) Where the School and the Employee agree to a temporary increase in the Employee's hours of work, the extra proportion of teaching time will be a separate contract of employment for casual work subject to the conditions of clause 22.4(e) (Temporary Employees) except that the minimum hourly provisions of clause 22.4(f) (Casual Employees) may be disregarded. The Employee's remuneration for the extra work will be paid at the casual rate of the Employee's incremental step in the salary scale. (e) All appointments will be in accordance with the salary scale in Schedule 1 having regard to the qualifications, experience, duties and responsibilities of the Employee concerned. (f) An Employee must comply with the Principal's reasonable directive to carry out the classroom teaching duties as are within the limits of the Employee's skills, competence and training. (g) On engagement the School may require an Employee to supply: (1) documentary evidence of the Employee's experience and qualifications or other evidence satisfactory to the School as to the Employee's suitability to perform the duties the Employee would be required to undertake; and (2) a certificate from an approved legally qualified medical practitioner that the Employee is of sound health and free from any physical or mental defect likely to impair Employee's ability to perform the duties required. The School must pay for the cost of obtaining the certificate. The Employee may choose the gender of the medical practitioner.Page 20 of 75 22.2 Probation (a) All appointments other than appointments to replacement, temporary, fixed term or casual positions will be regarded as probationary for the first two school terms. The School may at its discretion reduce or waive the probationary period. If the Employee's employment is continued after the probationary period, the employment will be deemed to be permanent. (b) During the probationary period the Employee will receive induction and other professional assistance as is deemed necessary by the School. (c) During the probationary period an Employee who is deemed by the School to be unsatisfactory is to be advised accordingly in writing and counselled. (d) Where a probationary Employee is deemed by the School to be unsatisfactory the School may, with the consent of the Employee, extend the period of probation for a single extension of a period not exceeding two school terms. 22.3 During the probationary period an Employee who is not to be confirmed as permanent is to be given seven (7) weeks’ notice of termination. 22.4 Employment Categories (a) With the exception of probationary Employees, all Employees other than replacement, temporary or casual Employees will be deemed to be permanent. (b) Full-time Employees A full-time Employee is any Employee who is not part-time or casual. (c) Part-time Employees (1) A part-time Employee is entitled to the benefits under this Agreement on a pro-rata basis. The pro-rata basis will be calculated by dividing the number of face-to-face teaching hours prescribed for the part-time Employee from time to time by the usual number of face-to-face teaching hours prescribed for a full-time Employee in the School, or in the case of an Employee in the School’s Early Learning Centre/Pre- School, the Early Learning Centre/Pre-School. Each appointment will be expressed as a decimal fraction to two decimal points. (2) A part-time Employee can reasonably be expected to participate in all School related activities on those days on which that Employee normally works at the School and such other times as are negotiated with the School. (d) Replacement Employees (1) A replacement Employee is one who is hired for a period mutually agreed between the School and the Employee. (2) A replacement Employee may be hired to replace an Employee absent on approved leave of any kind. However, the replacement Employee does not have to fill the position vacated by the Employee on leave.Page 21 of 75 (3) Before the School hires a replacement Employee the School must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced. (4) Either party may terminate the contract of hiring by providing 2 weeks' notice in writing, unless the School is required under the NES to give more notice, in which case the NES will prevail. (5) If the required notice of termination is not given, the School must pay a sum equal to the salary difference between the period of notice actually given and the period of notice required. (6) Where an Employee does not give the appropriate notice and there is no agreement to reduce or waive the notice period, the School may withhold from salaries and allowances such payment of up to two (2) weeks wages which has been authorised by the employee and is reasonable in the circumstances. (7) Replacement Employees hired for less than a full school term are paid at the casual rate. (8) By mutual agreement with the School replacement employees who work six (6) weeks or more may be employed permanently and at their appropriate incremental step with pro-rata entitlement to personal/carer’s leave, annual leave and annual leave loading. (9) Replacement Employees hired for a full school term or more must be paid at their appropriate incremental step with pro-rata entitlement to personal/carer's leave, annual leave and annual leave loading. (e) Temporary Employees (1) An Employee may be hired on a temporary basis for a period not exceeding 12 months to: (A) fill an unforeseen vacancy pending filling of the position on a permanent basis; (B) fill a position established on a "trial" basis e.g. consequent upon experimental curriculum change; (C) undertake a specified task which has a limited period of operation; (D) fill a position sustained by specific purpose qualified funding provided by the Government; (E) provide additional teaching staff for temporary increase in enrolments at the School which occur after the commencement of the School Pay Year. (2) Either party may terminate the contract of hiring by providing 2 weeks' notice in writing, unless the School is required under the NES to give more notice, in which case the NES will prevail.Page 22 of 75 (3) If the required notice of termination is not given, the School must pay, a sum equal to the salary difference between the period of notice actually given and the period of notice required. (4) Where an Employee does not give the appropriate notice and there is no agreement to reduce or waive the notice period, the School may withhold from salaries and allowances such payment of up to two (2) weeks wages which has been authorised by the employee and is reasonable in the circumstances. (5) Temporary Employees hired for less than a full school term are paid at the casual rate. (6) By mutual agreement with the School temporary employees who work six (6) weeks or more may be employed permanently and at their appropriate incremental step with pro-rata entitlement to personal/carer’s leave, annual leave and annual leave loading. (7) Temporary Employees hired for a full school term or more must be paid at their appropriate incremental step with pro-rata entitlement to personal/carer's leave, annual leave and annual leave loading. (f) Casual Employees (1) Casual employees cannot be reappointed to the same position or in the same capacity for longer than one continuous School term. 23. Termination of Employment 23.1 Notice of Termination by School (a) In order to terminate the employment of an Employee, the School must give the Employee at least 12 weeks’ notice in writing. (b) Payment in lieu of notice must be made if the appropriate notice is not given. (c) The period of notice in this clause does not apply in the case of: (1) dismissal for conduct that at common law justifies instant dismissal; (2) summary dismissal for serious misconduct; (3) replacement Employees; (4) temporary Employees; (5) casual Employees; (6) probationary employees (d) Where the School has given notice of termination to an Employee, the Employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the Employee after consultation with the School. 23.2 Notice of Termination by EmployeePage 23 of 75 (a) In order to terminate his or her employment an Employee must give the School at least 12 weeks’ notice in writing, with the termination date to coincide with the last teaching day of a school term. (b) The School may, where reasonable cause exists, reduce or waive the required period of notice (c) Where an Employee does not give the appropriate notice and there is no agreement to reduce or waive the notice period, the School may withhold from salaries and allowances such payment of up to two (2) weeks wages which has been authorised by the employee and is reasonable in the circumstances. 23.3 Termination due to incapacity (a) If, in the opinion of the School, an Employee who by reason of physical or mental incapacity is not or would not be able to: (1) perform adequately the work genuinely and reasonably required for the employment or position in question; (2) perform the work without endangering him or herself or other persons; or (3) respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question; and where a medical practitioner confirms that the incapacity is of a permanent nature, then the School may retire the Employee from his or her employment. (b) An Employee who fulfils the above provisions must, upon the request of the School, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. (c) An Employee is entitled to use all personal/carer's leave credit before retirement under this clause. 23.4 Statement of Service Upon the termination of employment of an Employee (other than a casual Employee) the School will provide upon the request of the Employee, a statement of service setting out the commencement and cessation dates of employment. 23.5 Payment on termination of employment (a) The College will pay an employee no later than seven (7) days after the day on which employment is terminated, for wages owing under this Agreement. (b) This may be altered by mutual agreement to suit the needs of the College and an individual employee.Page 24 of 75 24. Redundancy 24.1 "Redundancy" in this clause means the loss of employment due to the School no longer requiring the job the Employee has been doing to be performed by anyone or because of the insolvency of the School and "redundant" has a corresponding meaning. 24.2 This clause does not apply to Employees excluded from the application of Division 11 of Part 2-2 of Chapter 2 of the Act. 24.3 Where the School has made a definite decision that it no longer wishes the job the Employees have been doing done by anyone and that decision may lead to termination of employment, the School must have discussions as soon as practicable with the Employees directly affected and offer in writing to have discussions with the Union. Discussions must include: (a) the reasons for the proposed terminations; (b) measures to avoid or minimise the terminations; (c) the criteria used for selection; (d) measures to mitigate the adverse effects of any terminations on the Employees concerned. 24.4 For the purposes of such discussion the School must as soon as practicable provide in writing to the Employees concerned and the Union, all relevant information about the proposed terminations, including: (a) the reasons for the proposed terminations; (b) the number and category of Employees likely to be affected; (c) the number of Employees normally employed; (d) the period over which the terminations are likely to be carried out. The School is not required to disclose confidential information the disclosure of which when looked at objectively would be against the School's interests. 24.5 Period of notice of termination on redundancy or partial redundancy (a) If the services of an Employee are to be terminated due to redundancy, then the Employee must be given written notice that in one school term's time the position occupied by the Employee will be declared redundant or partially redundant. (b) If the School fails to give notice of termination as required, the School must pay to that Employee the ordinary rate of pay for a period being the difference between the notice given and that required to be given. If the School makes payment in lieu for all or any of the period of notice, then the period for which the payment is made will be treated as service for the purpose of calculating any service related entitlements of the Employee and will be deemed to be service with the School for the purposes of the Long Service Leave Act 1987. (c) If alternative employment cannot be provided at the end of the one school term specified above, the School may terminate the employment of thePage 25 of 75 Employee. The notice of termination must be in writing and must be accompanied by copies of all written endeavours to locate alternative employment. 24.6 Time off during notice period (a) During the period of notice of termination given by the School, the School must attempt to provide for the continuing employment of the Employee by granting reasonable paid leave of absence, of at least one day, to the Employee being retrenched for the purpose of seeking other employment. 24.7 Redundancy pay (a) In addition to the period of notice prescribed for termination in clause 24.5, an Employee whose employment is terminated by reason of redundancy is entitled to the following amounts of redundancy pay in respect of a continuous period of service: 12 weeks' salary plus 1 week's salary for each year or part year of continuous service with the School up to a maximum of 12 weeks. (Total maximum is 24 weeks.) (b) The redundancy payment with annual leave, annual leave loading, long service leave payment and all other entitlements must be paid in a lump sum on the last working day of employment. (c) The Employee must be provided with a statement detailing how the monetary entitlement was calculated. (d) The Employee must be provided with a work reference including the reason for the termination of employment, the length of service and an evaluation of the work performed in that time. (e) If an Employee is entitled to be paid an amount of redundancy pay by the School under this clause, and the School obtains other acceptable employment for the Employee, or cannot pay the amount, the School may make application to the Fair Work Commission under section 120 of the Act for a determination that the amount of redundancy pay is reduced to a specified amount (which may be nil) that the Fair Work Commission considers appropriate. If such a determination is made, the amount of redundancy pay to which the Employee is entitled is the reduced amount specified in the determination. (f) An Employee is not entitled to redundancy pay under this clause if the circumstances are as set out in section 122(2) of the Act (which relates to a transfer of employment where services with the first employer counts as service with the second employer) or section 122(3) of the Act (which relates to an employee rejecting an offer of employment made by another employer in certain circumstances), unless Fair Work Australia makes an order under section 122(4) of the Act. 24.8 Employee leaving during notice period (a) An Employee whose employment is terminated on account of redundancy may terminate his or her employment during the one school term period provided in clause 24.5(a) by the giving of at least one week's notice in writing. In this case, the Employee is entitled to the same benefits andPage 26 of 75 payments under this clause as if remaining with the School until the expiry of the notice period. The Employee is not entitled to payment in lieu of notice. The Employee will not be entitled to payment of salary beyond the resignation date. 24.9 Partial redundancy (a) Where an Employee is transferred to lower paid duties by reason of redundancy, the Employee must be given one school term's notice and the School may, at the School's option, make payment instead of an amount equal to the difference between the former rate of salary and the new rate of salary for the number of weeks of notice still owing. (b) Where an Employee is given notice of partial redundancy, the Employee may within one month of receipt of such notice elect to declare the position wholly redundant in which case all provisions of this clause in relation to total redundancy will apply. (c) Where partial redundancy is accepted by an Employee a pro-rata compensatory redundancy payment in accordance with clause 24.7 will be provided to the Employee at the date when the partial redundancy takes effect. 25. Disciplinary Action 25.1 Summary dismissal (a) If an Employee: (1) is guilty of serious misconduct; (2) or for any other lawful cause of summary dismissal, the School may terminate the employment of the Employee without notice. (b) In the case of such summary dismissal, salary will be paid up to the time of dismissal only. 25.2 Disciplinary action and dismissal in other circumstances (a) If an Employee is negligent, inefficient, incompetent or unsatisfactory in the discharge of his or her duties, then the School must inform the Employee of the particulars in writing and provide counselling to assist the Employee to overcome the inefficiencies or incompetence. (b) The procedure detailed above will be repeated over a period covering at least two school terms before notice of termination is given to the Employee. (c) Notice of termination will be in writing giving at least 12 weeks' notice and will state the reasons for the termination and details of the counselling provided. 26. Employment outside the School 26.1 An Employee must not undertake any other paid employment which, in the opinion of the School, would interfere with the efficient discharge of the Employee's duties in the School, or in any way prejudice the interests of the School.Page 27 of 75 26.2 Employees must inform the School of any paid employment undertaken outside of the School. 27. Meal break 27.1 An Employee is entitled, each day, to a meal break between the hours of 11.00 am and 2.30 pm. 27.2 The meal break will be for not less than 30 minutes, no later than 5 hours after commencing work, except where an Employee is rostered for supervision duties (on a particular day) during the students' lunch period, in which case the duration of the meal break will be not less than 20 minutes. 27.3 The meal break will be continuous and free of disruption scheduled by the School. 27.4 The above provisions will not apply: (a) to an Employee who is absent from the School at the relevant time due to activities such as excursions or School camps; or (b) on days when students remain indoors because of inclement weather. 27.5 This clause will not operate so as to prevent an Employee undertaking activities with students or staff on a voluntary basis. 28. Salary Rates and Allowances 28.1 The minimum salary per annum payable to a full-time Employee, and the salary increases payable under this Agreement will be in accordance with Schedule 1 - Salaries and Allowances - Teachers and Schedule 2 - Classifications - Teachers. 28.2 Where the salary is paid fortnightly, each apportioned payment will be calculated as follows: Fortnightly salary ($) = Annual salary x 12/313 expressed to the nearest 10 cents 28.3 Part-time Employees (a) A part-time Employee will be paid pro rata, at the same rate as a full-time Employee in the same classification. 28.4 Casual Employees (a) Employees engaged on a casual basis for a period of less than 5 consecutive School Days will be remunerated at a daily rate calculated as follows: Daily rate = Band 1, Step 3 Annual Salary x 6/313 x 1/5 x 125/100 (b) Employees engaged on a casual basis for less than 1 School Day will be paid an hourly rate calculated by dividing the daily rate by 5.5. A minimum payment of two (2) hours will apply. (c) Employees engaged on a casual basis for 5 or more consecutive School Days will be remunerated on a daily basis as in clause 28.4(a) above but the annual salary used as a basis for the calculation will be the Employee's correct incremental step in accordance with qualifications and years of teaching experience as detailed in Schedule 2.Page 28 of 75 29. Payroll deductions The School will make deductions from salaries as authorised in writing by an Employee, and in accordance with section 324 of the Act. 30. Higher duties If an Employee is required by the School to perform duties applicable to a higher classification for a continuous period exceeding five working days, then the Employee must be paid the rate prescribed for the higher classification for the entire period the work is undertaken. 31. Annual leave 31.1 Period of leave (a) Annual leave is provided for in the NES. This clause supplements the NES. (b) An Employee must take annual leave during non-Term weeks. Leave must be taken, in the case of an Employee whose employment with the School is continuing into the next School Year, in the four-week period immediately following the final Term Week of the current School Year, unless otherwise agreed with the School. 31.2 An Employee may take annual leave re-credited in accordance with the NES only during non-Term weeks as directed by the School. 32. Pro-rata payment of salary inclusive of annual leave 32.1 This clause incorporates the NES entitlement with respect to annual leave. 32.2 The provisions of this clause will apply: (a) in the calculation of payment in regard to pro-rata salary where an Employee's employment ceases; or (b) in the calculation of payment in regard to pro-rata salary if: (1) an Employee commenced employment after the school or preschool Service Date; (2) an Employee has taken leave without pay of more than two Term Weeks since the school or preschool Service Date; or (3) the hours which an employee has worked have varied since the school or preschool Service Date. 32.3 Calculation of payments P = s x c - d b P is the payment due s is the total salary paid in respect of Term Weeks, or part thereof, since the school or preschool Service Date or the date of employment in circumstances ---Page 29 of 75 where the Employee has been employed by the School since the Service Date b is the number of Term Weeks, or part thereof in the School or Preschool Year c is the number on non-Term Weeks, or part thereof, in the School or Preschool Year d is the salary paid in respect of non-Term Weeks, or part thereof that have occurred since the school or preschool Service Date or date of employment in circumstances where the Employee has been employed by the School since the School Service Date. 32.4 For the purpose of this clause: Service Date means the date from which Employees are paid at the commencement of the School or Preschool Year in their first year of service with the School; and Employee means an Employee other than a casual Employee. 32.5 The formula in clause 32.3 is intended to be used to calculate the pro-rata salary inclusive of annual leave owing to an Employee in respect of the School Year in which the formula is applied. 32.6 Termination of employment An Employee will be entitled on termination of employment to a payment calculated in accordance with this clause. 32.7 Employees who commence employment after the commencement of the School Year An Employee who commences employment after the commencement of the School Year in any School Year will be paid from the date the Employee commences, provided that at the end of the last Term Week in that year, the Employee must be paid an amount calculated pursuant to clause 32.5 and will receive no salary or other payment other than payment under this clause until the Service Date or the resumption of Term 1 in the following School Year. 32.8 Employees who take approved leave without pay Where an Employee takes leave without pay with the approval of the School for a period which (in total) exceeds more than two Term Weeks in any year, the Employee will be paid a salary calculated in accordance with this clause as follows: (a) If the leave without pay commences and concludes in the same School Year, the payment will be calculated and made at the conclusion of the last Term Week in that year; and (b) If the leave without pay is to conclude in a School Year following the School Year in which the leave commenced: (1) at the commencement of the leave, a payment will be calculated and made in respect of the School Year in which the leave commences; orPage 30 of 75 (2) at the end of the last Term Week in that year in which the leave concludes, a payment will be calculated and made in respect of that School Year. 32.9 If the Employee returns early from leave any payment under clause 33.1(a) will be taken into account in calculating the amount owed to the Employee at the end of the last Term Week in that year. 33. Annual leave loading 33.1 An Employee who has served throughout the School Year is entitled to a leave loading of 17.5% on four weeks' annual leave. The loading will normally be paid: (a) at the time that the Employee is paid annual leave or pro-rata annual leave; or (b) on the termination of employment by either party. (c) Leave loading is to be calculated using the following formula: [Weekly salary x 4 x 17.5%] x Term Weeks worked by the Employee in that School Year divided by Total Term Weeks in that School Year, up to a maximum of the average weekly earnings of all males in the Australian Bureau of Statistics report released in May in the school year in which the payment is made. For example, in the case of an Employee with a weekly salary of $1000 on termination of Employment (or at the end of the final Term Week in the School Year) who was employed at the School for 20 of the 38 Term Weeks in that School Year, the calculation will be as follows: $1000 x 4 x 17.5% = $700 $700 x 20/38 = $368.42. 34. Staff absences 34.1 Where an Employee is absent and the absence is likely to be prolonged, the remaining Employees will not normally be required to carry out the duties of the absent Employee. 34.2 Where an Employee is absent due to attendance at School instigated activities such as conferences and School camps, the remaining Employees will not be required to carry out the duties of the absent Employee if this would involve them exceeding the normal teaching load at the School. 35. Working arrangements 35.1 This clause supplements the NES in respect of maximum weekly hours. 35.2 Due to the operational requirements of the School, the 38 ordinary hours of work per week for an Employee may be averaged over a 12-month period. 35.3 The ordinary hours of work for an Employee during Term Weeks are variable. In return, an Employee is not generally required to attend for periods of time when the students are not present, subject to the needs of the School with regard toPage 31 of 75 professional development, student free days and other activities requiring the Employee's attendance. 35.4 In general, Part Time Teachers are not expected to attend training/meetings on days that they are not rostered to work 35.5 It is the responsibility of the School (and meeting chair) to provide access to training and information in alternative forums/formats for staff unable to attend an event or meeting. 35.6 Part time staff may however be consulted regarding mutually agreeable time in Lieu arrangements 35.7 The annual salary and any applicable allowances payable under this Agreement are paid in full satisfaction of an Employee's entitlements for the School Year or a proportion of the School Year.Page 32 of 75 PART 4 - GENERAL STAFF 36. Definition In this Part: Employee means a person employed by the School as a member of the General Staff in a classification described in Schedule 4. 37. Contract of Hiring 37.1 General provisions (a) All Employees will be employed as full-time, part-time, or casual Employees, subject to the provisions in clause 38. (b) A new Employee may be employed for a probationary period not exceeding 3 working months. Unless there is written agreement to the contrary, the appointment will be deemed to be permanent on expiry of this period. For the avoidance of doubt, this subclause does not apply to fixed term or casual Employees. (c) During the probationary period an Employee who is not to be confirmed as permanent is to be given two (2) weeks’ notice of termination. (d) Upon appointment, the School must inform the Employee in writing of the following: (1) the nature of employment (that is, permanent, replacement, temporary, fixed term or casual); (2) the classification level in accordance with Schedule 4; (3) the salary applicable to the position; (4) the normal hours of work (weekly or over a four-week period); (5) the number of ordinary hours per week and weeks per year; and (6) the duties which the Employee is expected to perform. (e) The conditions of employment outlined above in clause 37.1 (d)(1), (4) and (5) and cannot be altered except by mutual agreement between the School and the Employee or in accordance with clause 41 (Redundancy). 38. Employment Categories 38.1 Full-time Employees (a) A full-time employee is normally required to work 38 hours per week or an average of 38 hours per week in accordance with clause 48 – Ordinary Hours of Work. 38.2 Part-time Employees (a) A part-time employee is an Employee who is engaged to work less than the applicable full time ordinary hours per week or an average of less than thePage 33 of 75 applicable full time ordinary hours per week and/or for less than the full School Year and who has reasonably predictable hours of work. (b) A part-time employee will be paid an hourly rate of the weekly rate for the Employee’s classification be divided by 38. (c) A part-time employee's entitlements under this Agreement will be calculated on a pro rata basis. 38.3 Fixed term Employees Fixed term employees may only be engaged as either replacement Employees or temporary Employees (a) A replacement Employee is one who is hired for a period mutually agreed between the School and the Employee. (b) A replacement Employee may be engaged for the purpose of replacing another Employee on approved leave of any kind. However, the replacement Employee does not have to fill the position vacated by the Employee proceeding on leave. (c) Prior to engagement of a replacement Employee, the School must inform the replacement Employee of the temporary nature of the employment and of the rights of the Employee who is being replaced. (d) The School is not obligated to engage a replacement Employee if within the School there already exists an Employee who can fulfil the position by increasing his or her hours of work or by being reclassified. (e) An Employee may be hired on a temporary basis for a period not exceeding 12 months to: (1) fill a position sustained by specific purpose qualified funding; or (2) temporarily increase the hours worked per week by a part-time Employee currently in the School's employment. 38.4 Casual Employees (a) A casual Employee is an Employee engaged as such and paid by the hour for a period mutually agreed between the School and the Employee. (b) A casual Employee will be engaged and paid for a minimum of two (2) hours for each engagement. (c) A casual Employee will be paid an hourly rate of the weekly rate for the Employee's classification plus a percentage of 25%. (d) A casual Employee must be paid fortnightly.Page 34 of 75 38.5 Right to request casual conversion (a) An employee engaged by the College as a regular casual employee may request that their employment be converted to full-time or part- time employment. (b) A regular casual employee is a casual employee who has in the previous 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this agreement. (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. (e) Any request under this clause must be in writing and provided to the College. (f) Where a regular casual employee seeks to convert to full-time or part-time employment, the College may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (g) Reasonable grounds for refusal include that: (1) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part time employee in accordance with the provisions of this agreement– that is, the casual employee is not truly a regular casual employee as defined in paragraph (b); (2) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (3) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (4) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.Page 35 of 75 (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where the College refuses a regular casual employee’s request to convert, the College must provide the casual employee with the reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the College’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure of this agreement. Under this procedure, the employee or the College may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (j) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, the College and employee must discuss and record in writing: (1) the form of employment to which the employee will convert – that is, full-time or part-time employment; and (2) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 38.4(d). (k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. (l) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the College. (m) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (n) Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment, nor permits the College to require a regular casual employee to so convert. (o) Nothing in this clause requires the College to increase the hours of a regular casual employee seeking conversion to full-time or part- time employment. (p) The College must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, the College will provide such employees with a copy of the provisions of this clause upon the approval of this Agreement. (q) A casual employee’s right to request to convert is not affected if the School fails to comply with the notice requirements in paragraph (p).Page 36 of 75 This Clause in its entirety shall be read in conjunction with the National Employment Standards and if there is any inconsistency the National Employment Standards, will prevail, to the extent that the National Employment Standards provide superior conditions for employees. 39. Termination of Employment 39.1 Notice of Termination by School (a) In order to terminate the employment of an Employee, the School must give the Employee the following notice: Period of Continuous Service Period of Notice Not more than 3 years At least 2 Weeks More than 3 years but not more than 5 years At least 3 weeks More than 5 years At least 4 weeks In addition to the notice set out above, Employees over 45 years of age at the time of the giving of notice with not less than 2 years’ continuous service are entitled to additional notice of 1 week. (b) Payment in lieu of notice must be made if the appropriate notice is not given. Employment may be terminated by part of the period of notice specified and part payment in lieu. (c) The period of notice in this clause does not apply in the case of: (1) dismissal for conduct that at common law justifies instant dismissal; (2) casual Employees. (3) probationary employees 39.2 Time off During Notice Period Where the School has given notice of termination to an Employee, the Employee must be allowed reasonable time off of at least one day without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the Employee after consultation with the School. 39.3 Statement of Employment (a) At the Employee's request the School must provide to an Employee (other than a casual Employee) whose employment has been terminated a written statement specifying: (1) the length of service; (2) the number and range of duties performed; (3) any promotion positions held; andPage 37 of 75 (4) any special and/or additional duties performed. (b) At a casual Employee's request the School must provide to a casual Employee a statement which specifies the number of duty days undertaken by the Employee during the period of engagement of the Employee. 39.4 Payment in Lieu If the School makes payment in lieu for all or any of the period of notice prescribed, the period for which such payment is made must be treated as service with the School for the purposes of computing any service related entitlement of the Employee. 39.5 Notice of Termination by Employee (a) In order to terminate employment an Employee must give the School at least one week's notice in writing if their period of continuous service at the end of the day the notice is given is not more than one year, and otherwise the Employee must give at least 2 weeks' notice. (b) Where an employee does not give the appropriate notice and there is no agreement to reduce or waive the notice period, the School may withhold from salaries and allowances such payment of up to one (1) week’s wages which has been authorised by the employee and is reasonable in the circumstances. (c) The School may, where reasonable cause exists, reduce or waive the required period of notice. 39.6 Termination Due to Incapacity (a) If, in the opinion of the School, an Employee who by reason of physical or mental incapacity is not or would not be able to: (1) perform adequately the normal duties genuinely and reasonably required of the Employee; (2) perform the work without endanger to him or herself or other persons; or (3) respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question, and where a medical practitioner confirms that the incapacity is of a permanent nature, then the School may retire the Employee from his or her employment by giving the appropriate notice in writing. (b) An Employee who fulfils the above provisions must, upon the request of the School, and at the School's expense, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. (c) An Employee is entitled to use all personal/carer's leave credit before retirement under this clause. 39.7 Payment on termination of employmentPage 38 of 75 (a) The School will pay an employee no later than seven (7) days after the day on which employment is terminated, for wages owing under this Agreement. (b) This may be altered by mutual agreement to suit the needs of the School and an individual employee. 40. Redundancy 40.1 Definition "Redundancy" in this clause means the loss of employment due to the School no longer requiring the job the Employee has been doing to be performed by anyone or because of the insolvency of the School and "redundant" has a corresponding meaning. 40.2 Exclusions (a) This clause does not apply to Employees with less than one year's continuous service. The general obligation of the School is no more than to comply with clause 11, and to give such 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 such Employees of suitable alternative employment. (b) This clause does not apply to Employees excluded from the application of Division 11 of Part 2-2 of Chapter 2 of the Act. 40.3 Discussions Before Termination (a) Where the School has made a definite decision that it no longer wishes the job the Employees have been doing done by anyone and that decision may lead to termination of employment, the School must have discussions as soon as practicable with the Employees directly affected and offer in writing to have discussions with the Union. Discussions must include: • the reasons for the proposed terminations; • measures to avoid or minimise the terminations; • measures to mitigate the adverse effects of any terminations on the Employees concerned. (b) For the purposes of such discussion the School must as soon as practicable provide in writing to the Employees concerned and the Union, 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 Employees normally employed; and • the period over which the terminations are likely to be carried out. The School is not required to disclose confidential information the disclosure of which when looked at objectively would be against the School's interests.Page 39 of 75 (c) The School must attempt to provide for the continuing employment of the Employees concerned by: • granting reasonable paid leave to the Employees to attend interviews for alternative employment; • taking all reasonable steps to provide opportunities for retraining and educating the Employees in new skills and techniques to maximise employment opportunities in the industry. 40.4 Period of Notice of Termination on Redundancy (a) If, within 2 weeks of the notification in clause 41.3(b) alternative employment cannot be provided for or gained by the Employee, then the School may terminate the employment of the Employee in accordance with the notice provisions of clause 40. (b) Employees to whom notification of termination of service is to be given on account of the introduction or proposed introduction by the School of technological change in the industry in relation to which the School is engaged must be given not less than 3 months' notice of termination (c) If the School fails to give notice of termination as required, the School must pay to that Employee the ordinary rate of pay for a period being the difference between the notice given and that required to be given. The period of notice to be given is deemed to be service with the School for the purpose of the Long Service Leave Act 1987 (SA). 40.5 Time off During Notice Period During the period of notice of termination given by the School an Employee is entitled to reasonable time off, of at least one day, without loss of pay for the purpose of seeking other employment. 40.6 Redundancy Pay (a) Redundancy pay is provided for in accordance with the following table: Period of Continuous service Severance Pay At least 1 year but less than 2 years 4 weeks At least 2 years but less than 3 years 6 weeks At least 3 years but less than 4 years 7 weeks At least 4 years but less than 5 years 8 weeks At least 5 years but less than 6 years 10 weeks At least 6 years but less than 7 years 11 weeks At least 7 years but less than 8 years 13 weeks At least 8 years but less than 9 years 14 weeksPage 40 of 75 At least 9 years but less than 10 years 16 weeks (b) The redundancy payment must be added to annual leave pay, annual leave loading, long service leave entitlements and any other entitlements and paid in a lump sum on the last day of employment. (c) If an Employee is entitled to be paid an amount of redundancy pay by the School under this clause, and the School obtains other acceptable employment for the Employee, or cannot pay the amount, the School may make application to the Fair Work Commission under section 120 of the Act for a determination that the amount of redundancy pay is reduced to a specified amount (which may be nil) that the Fair Work Commission considers appropriate. If such a determination is made, the amount of redundancy pay to which the Employee is entitled is the reduced amount specified in the determination. (d) An Employee is not entitled to redundancy pay under this clause if the circumstances are as set out in section 122(2) of the Act (which relates to a transfer of employment where services with the first employer counts as service with the second employer) or section 122(3) of the Act (which relates to an employee rejecting an offer of employment made by another employer in certain circumstances), unless the Fair Work Commission makes an order under section 122(4) of the Act. 40.7 Written Notice (a) The School must, as soon as practicable, but prior to the termination of the Employee's employment, give to the Employee a written notice containing, among other things, the following: (1) the date and time of the proposed termination of the Employee's employment; (2) details of the monetary entitlements of the Employee upon termination of the Employee's employment including the manner and method by which those entitlements have been calculated; (3) advice as to the entitlement of the Employee to assistance from the School, including time off without loss of pay in seeking other employment, or arranging training or retraining for future employment; and (4) advice as to the entitlements of the Employee if the Employee terminates his or her employment during the period of notice. 40.8 Transfer to Lower Paid Duties Where an Employee whose job has become redundant accepts an offer of alternative work by the School, the rate of pay for which is less than the rate of pay for the former position, the Employee is entitled to the same period of notice of the date of commencement of work in the new position as if the Employee's employment had been terminated. The School may pay in lieu thereof an amount equal to the difference between the former rate of pay and the new lower rate of pay for the number of weeks of notice still owing.Page 41 of 75 40.9 Employee Leaving During Notice Period An Employee whose employment is terminated on account of redundancy may terminate his or her employment during the period of notice by giving at least one week's notice in writing. In this case, the Employee is entitled to the same benefits and payments under this clause as if remaining with the School until the expiry of the notice period. The Employee is not entitled to payment in lieu of notice. If the Employee does not give at least one week's notice in writing, then the School is entitled to withhold from salaries and allowances the equivalent of up to one week's salary which has been authorised by the employee and is reasonable in the circumstances. 41. Unsatisfactory Performance 41.1 If an Employee is consistently negligent, inefficient, incompetent or uncooperative in the discharge of his or her duties, then the School must inform the Employee of the particulars in writing. 41.2 The written particulars will constitute notice to the Employee that unless within one calendar month the Employee rectifies the matters referred to in the particulars then the Employee may be dismissed upon the giving of the appropriate notice detailed in clause 39. 42. Salaries 42.1 The minimum salary per annum payable to a full-time Employee, and the salary increases payable under this Agreement will be in accordance with Schedule 3. 42.2 All salaries and allowances will be apportionable in time. 42.3 An Employee is entitled to progress to the next higher incremental step (if any) in the salary scale on the anniversary of appointment. 42.4 Salaries are payable in advance during annual leave periods. 42.5 The fortnightly salary will be 12/313 of the minimum annual salary calculated to the nearest 10 cents. 42.6 Employees engaged to work for less than 52 weeks per year will be paid at the rate calculated by use of the pro-rata formula in clause 42.7. 42.7 A permanent part-time Employee may elect to be paid: (a) over the 52 weeks of the School Year, at a weekly rate calculated as follows: Equivalent full- time annual salary X Hours actually worked per week X Weeks actually worked X 6 1 38 48 313 (b) during the actual periods of work during the School Year at a weekly rate calculated as follows: Equivalent full- time annual salary X Hours actually worked per week X Weeks actually worked X 1 1 38 48 Number of weeks actually workedPage 42 of 75 43. Annualised Salaries 43.1 Annual salary instead of Agreement provisions (a) The School may pay an Employee an annual salary in satisfaction of any or all of the following provisions of the Agreement: (1) clause 42—Salaries; (2) clause 44—First Aid Allowance; (3) clauses49—Overtime; (4) clauses 50—Penalty Rates; (5) clause 53.4—Annual leave loading; and (6) any other allowances that may be payable under the Educational Services (Schools) General Staff Award 2020 (b) Where an annual salary is paid the School must advise the Employee in writing of the annual salary that is payable and which of the provisions of this Agreement will be satisfied by payment of the annual salary. 43.2 Annual salary not to disadvantage Employees (a) The annual salary must be no less than the amount the Employee would have received under this Agreement for the work performed over the year for which the salary is paid (or if the employment ceases earlier over such lesser period as has been worked). (b) The annual salary of the Employee must be reviewed by the School at least annually to ensure that the compensation is appropriate having regard to the Agreement provisions which are satisfied by the payment of the annual salary. 44. First Aid Allowance 44.1 Application An Employee who is designated by the School to perform first aid duty and who holds a current recognised first aid qualification will be paid an allowance of $1,171 per annum which will be increased annually in accordance with the pay increases of this Agreement. 44.2 Excluded Employees This allowance does not apply to: (a) an Employee employed exclusively as first aid officer; or (b) an Employee whose appointment to the position of first aid officer has been taken into account in classifying their position. 45. Higher DutiesPage 43 of 75 45.1 An Employee who is required to perform duties applicable to a classification higher than that of the Employee for a period of five (5) or more days and the duties constitute the whole or substantially the whole of the type of duties which would attract the higher classification, then the Employee must be paid the rate prescribed for the minimum incremental level of the higher classification for the entire period the work is undertaken. 46. Reclassification and Role Review 46.1 Reclassification (a) An Employee who has served in a classification for not less than one calendar year and is regularly called upon to perform a substantial volume of duties appropriate to a higher classification is entitled to request reclassification to a higher classification. (b) An Employee who is required to perform duties appropriate to a higher classification for a temporary period only will be dealt with according to clause 45 (Higher Duties) (c) Re-classification is not dependant on organisational vacancies but is subject to mutual agreement between the College and an Employee. (d) An application for re-classification must be: • in writing; • accompanied by a current agreed duty statement; and • detail the reasons for the request for re-classification. (e) When mutual agreement cannot be achieved or a period of 4 working weeks has elapsed without response from the College, then an assessment panel must be convened to determine the application. (f) The assessment panel will comprise: (g) a representative nominated by the College; (h) a representative nominated by the Employee applicant; (i) a representative elected by the teaching staff of the College. (j) If the application is successful, the Employee must be placed on an incremental step in the salary range appropriate to the new classification. (k) The date of operation of a successful application must be no later than 3 months after the date of written application by the Employee. (l) Where the College or an Employee is not satisfied with the decision of the assessment panel then the dispute resolution procedure will be invoked in accordance with clause 14 (Dispute Resolution). 46.2 Role Review On the first anniversary of appointment and biennially thereafter, or at another mutually agreed time, consultation will occur between the College and the EmployeePage 44 of 75 to ensure that the duty statement is accurate and conforms with the classification levels set out in Schedule 4. 47. Ordinary Hours of Work 47.1 A full-time Employee's ordinary hours of work will be 38 per week. The ordinary hours of work for a part-time or casual Employee will be in accordance with clause 38 (Employment Categories). 47.2 The ordinary hours of work in clause 47.1 may be averaged over a period of a fortnight or 4 weeks. The exception to this is Employees within the Resources sub-classification employed in outdoor education, whose hours of work may be averaged over a period of up to 12 months. 47.3 The ordinary hours of work will be worked on no more than 5 days in any 7 days and may be worked as follows: (a) For Employees apart from those covered by clauses 47.3(b) on any day from Monday to Friday between 8.00 am and 6.00 pm unless the School and the Employee expressly agree to the contrary. (b) For the Bus Drivers, Grounds and Maintenance, Curriculum/education resources – outdoor education only, on any day from Monday to Saturday between 6.00 am and 6.00 pm. (c) For the School’s Early Learning Centre and OHSC staff on any day from Monday to Saturday between 6.30 am and 6.30 pm. Provided that where a daily span of hours is specified, and there is mutual agreement between the School and the majority of Employees in the particular group, the starting and finishing times may be varied by up to one hour so long as the total hours remain unchanged. 48. Breaks 48.1 An Employee must not work more than 5 hours in any one day without a meal break of not less than 30 minutes nor more than one hour. 48.2 The meal break will not count as time worked. 48.3 The School must allow an Employee a morning tea break of 20 minutes duration which will be counted as time worked. 49. Overtime 49.1 Employees who are classified as Grade 4 and above and who are paid an annual salary are not eligible to receive overtime rates except by mutual agreement between the School and the Employee. 49.2 For work performed outside of or in excess of ordinary hours by Employees, the following overtime rates apply: (a) for time worked in excess of 38 hours per week or 76 hours per fortnight or 152 hours per 4 full week period of 20 days an additional 50% of ordinary time rate;Page 45 of 75 (b) for time worked outside of the hours of 8.00 am to 6.30 pm Monday to Friday both inclusive, an additional 50%; (c) for time worked on a Saturday up to 12 noon, an additional 50%; (d) for time worked on a Saturday after 12 noon or on a Sunday, an additional 100%; (e) for time worked on a public holiday, an additional 150%. 49.3 Employees who are required by the School to attend School functions out of hours may be paid overtime in accordance with clause 49.2. 49.4 An Employee may, at the Employee's election, take time-in-lieu of work performed outside the Employee's normal hours or overtime. 49.5 Any time in lieu accrued but not taken will be payable on termination of employment. 50. Penalty Rates 50.1 Saturday and Sunday work (a) An Employee required to work ordinary time on a Saturday or Sunday will be paid the ordinary time rate of pay plus a penalty of: (1) for ordinary hours worked on a Saturday, 50% of the ordinary time rate; and (2) for ordinary hours worked on a Sunday, 100% of the ordinary time rate. 50.2 The penalty rates within this clause and in clause 49—Overtime are not cumulative. Where an Employee is entitled to more than one penalty or overtime rate, the Employee will be entitled to the highest single penalty rate. 51. Travel Time 51.1 If an Employee is required to travel outside of the Employee's specified working hours in the course of performing his or her duties and that travel occupies more than one hour, then the travel time must be classified as working time. 51.2 Payment for travel time is subject to the following conditions: (a) not more than 7.5 hours of travel time will be paid for on any one day; (b) an Employee may by agreement with the School take time-in-lieu of travel time in accordance with clause49.4. 52. Variations to Working Period 52.1 If the School closes the School on a day that has been previously determined as part of the Employee's working week, then the Employee will not lose pay nor be required to work on days in lieu of the closure day.Page 46 of 75 52.2 If an Employee is required to work extra hours other than hours that have previously been determined as part of the Employee's working week, then the extra hours will be paid according to the casual rate as detailed in clause 39.4(d). 52.3 The additional casual work will not count as service for determining leave entitlements. 53. Annual Leave 53.1 Entitlement to annual leave (a) Annual leave is provided for in the NES. This clause supplements the NES provisions. 53.2 Annual leave exclusive of public holidays Annual leave is exclusive of any public holiday which falls within it on a Monday to Friday inclusive. If any such holiday falls within an Employee's period of annual leave, the period of leave will be increased by one day for each holiday. 53.3 Payment for annual leave Payment for annual leave is included in the salaries in clause 42.7. 53.4 Annual leave loading (a) An Employee is entitled to a payment of a loading equivalent to 17.5% of four weeks’ annual leave payment. (b) Annual leave loading must be paid in the last pay period prior to the commencement of the summer School vacation period. 53.5 Annual leave will be taken during the breaks between school terms. (a) By exception annual leave may be taken during a school term with the approval of the Business Manager. (b) Employees may apply to take the Office closure days between Christmas and New Years as unpaid Leave instead of paid annual leave. (c) Employees for whom this unpaid leave is approved, must take at least 20 days paid annual leave in the following calendar year. 54. Professional Development 54.1 During the first term of each school year every school assistant will prepare a written “Personal Professional Development Plan” outlining proposed professional development of the staff member during the year. Acceptance, monitoring and implementation of the Personal Professional Plan will be undertaken by mutual agreement of the staff member and Principal 54.2 Implementation (a) The School will provide a minimum of two pupil free days per year of paid professional development for each full time school assistant. School assistants employed on a part time basis will be provided a pro-rate proportion of paid professional development. The school will reimburse costsPage 47 of 75 associated with the undertaking of compulsory professional development initiated by the School. (b) School assistants are required to spend at least one day or equivalent time per year in their own time in self-selected professional development. School assistants employed on a part time basis will be required to spend an equivalent pro-rata proportion of time. Reimbursement of costs associated with the undertaking of self-selected professional development will be at the discretion of the Principal. 55. Clothing, Equipment and Tools Where clothing of a protective nature or other items of equipment are required to promote safe working conditions the School must provide such articles free of cost to the Employee.PART 5 • SIGNATORIES Employer Representative ,t..1 Ne:j Full Name: 5"1,l"S'Ani ..fl/1.:; , .. 4 J ~ tull Name: Position: Pt:z 1 .rVC/ f"7 A-L Occupation: Address: / ---C'79 vi"~ .. ~4-r 7t:a Address; Ne?A,' ~ SA so,r Signature: ,:-4 ~ Signature: Date: / ...- Date: ..2.-B~ l"I' /~, Full Name: Position: Addres&: Signature: Date: IEU Reprnentatlva Ful Name: [/£hi/ ;{Jttilt Full Name: Po&Hlon: ?;';C. (e,·{\H j Occupallon: Address: ·1.. i;),,~( ,u.CCy~ \t --~ Address: ,4i{.ef1ii ,'l,£_ :m: )f,tl.D . s,._ .. , / ~ s.gn.- o.ro, C:J/,y2Yfz,i1 0a1e, Witness -bJ. I'(_ /pc/'J. MQV\ Sot; 1e~ /1a':".~/' _i __ ~!hz.Jil __ ~4,ots. ~ . . . ~ ?.6/n /l,2...1 Che~enno Clin~ Teac),ey- i CClV~ -Rd ~e,w ()ov-t S.f\ 60l6 ~ _}-6/ ll { :2- \ Wltn•• 7 /~ is ct/?... a/bei/:flt~/'-l! . . 0 ( j' 0.., ,/.se/"' J..t'3 C,,,,,ie _fl- t/ cul ou.' cLL . .GI ~ '? 9 o · /~~c~ ( Co/lclfll-'~ 2- ~7 /1 t /-?. oil_ PART 5 - SIGNATORIES Employer Representative Witness Full Name: SUSAN JULIA STA Full Name: Luke Voortman Position: PRINCIPAL Occupation: 1 -CAUSE WAY TOO Business Manager Address: Address: NEW PORT 1 Causeway Rd. SA 5015 New Port 5015. Signature: Signature: Date: 20/11/21 Date: 26/11/21 Employee Witness Full Name: Kerry Brankow Full Name: Cheyenna Clinton Position: Director of Admin Occupation: Teacher Address: I Causeway Rd Address: 1 causeway Rd New Port SA 5015 New Port SA 6015 Signature: Signature: elevvon Date: 26/11/21 Date: 26/11/21 IEU Representative Witness Full Name: Glen Seidel. Full Name: Kischla Corbell-Allare. Position: Secretary Occupation: Organiser Address: 213 Curryest Address: Adelaide SA 5000 213 Currie St Adelaide SA 5000 Signature: Signature: Thisattor Correctlane. Date: Date: 29/11/2021Page 49 of 75 SCHEDULE 1 - SALARIES AND ALLOWANCES - TEACHERS Teachers Band 1 Current 2.0% 2.0% 2.0% 2020 1/07/2021 1/07/2022 1/07/2023 Step 3 73,053 74,514 76,005 77,525 Step 4 76,821 78,358 79,925 81,523 Step 5 80,589 82,201 83,845 85,522 Step 6 84,358 86,045 87,766 89,521 Step 7 88,128 89,891 91,688 93,522 Step 8 91,900 93,738 95,613 97,525 Step 9 95,670 97,583 99,535 101,526 Step 10 100,261 102,266 104,311 106,398 Step 11A 102,264 104,309 106,396 108,524 Step 11B 104,309 106,395 108,523 110,694 HAT - 2,526 2,576 2,628 Lead - 3,789 3,865 3,942 Band 2 Level 1 3,399 3,467 3,536 3,607 Level 2 9,783 9,978 10,178 10,382 Level 3 16,036 16,357 16,684 17,018 Level 4 21,988 22,428 22,876 23,334Page 50 of 75 SCHEDULE 2 - CLASSIFICATION STRUCTURE - TEACHERS S2.1. Definitions S2.1.1. Three year qualification means a Diploma in Teaching or Bachelor of Teaching Degree or another qualification recognised as equivalent by the Teachers Registration Board of South Australia. The qualification must have been awarded upon successful completion of a prescribed academic course of three years’ duration. S2.1.1.1. An Employee who holds a qualification of less than 3 years training but has satisfied the statutory requirements to practise as a teacher in South Australia will be deemed to hold a 3 year trained qualification. S2.1.2. Four year qualification means a Bachelor of Education Degree or other Degree which together with a post Graduate Diploma is recognised as equivalent by the Teachers Registration Board of South Australia. The qualification must have been awarded upon the successful completion of a prescribed academic course(s) of 4 years’ total duration. S2.1.3. Five year qualification means a 4 year Degree together with a post Graduate Diploma; or an Honours Degree or other Higher Degree which together with a post Graduate Diploma is recognised as equivalent by the Teachers Registration Board of South Australia. The qualification must have been awarded upon the successful completion of a prescribed academic course(s) of 5 years’ total duration. S2.2. Band 1 Teacher S2.2.1. Band 1 Employees will be professionally responsible, either as a class or subject teacher, for the application of pedagogic and curriculum knowledge and skills for the educational benefit and pastoral care of students in their charge. S2.2.2. The commencing salary of a band 1 Employee without experience but who upon appointment holds a 3 year qualification will be not less than the salary prescribed at incremental step 1 of the salary scale for band 1 Employees detailed in Schedule 1. S2.2.3. The commencing salary of a band 1 Employee without experience but who upon appointment holds a 4 year qualification will be not less than the salary prescribed at incremental step 3 of the salary scale for band 1 Employees detailed in Schedule 1. S2.2.4. The commencing salary of a band 1 Employee without experience but who upon appointment holds a 5 year qualification will be not less than the salary prescribed at incremental step 4 of the salary scale for band 1 Employees detailed in Schedule 1. S2.2.5. The commencing salary of a band 1 Employee with experience will be at an incremental step which recognises at least all prior teaching experience calculated in full time equivalent years and satisfactory evidence of which is provided to the School. In the case of experience as a casual, the equivalent of a full-time year of teaching service is 200 full casual days. S2.2.6. On engagement, the School may require that the Employee provide documentary evidence of qualifications and teaching experience. If the School considers that the Employee has not provided satisfactory evidence, and advises the Employee in writing to this effect, then the School may decline to recognise the relevantPage 51 of 75 qualification or experience until such evidence is provided. Provided that the School will not unreasonably refuse to recognise the qualifications or teaching experience of the Employee. S2.3. Incremental Advance in Salary S2.3.1. An Employee will be entitled following the appointment at a particular incremental step in the salary scale in Schedule 1 to progress to the next higher incremental step of the scale after 12 calendar months of full time service. Part-time band 1 Employees will be entitled to progress to the next higher incremental step of the scale after 12 months’ equivalent full time teaching experience wherever gained. S2.3.2. An Employee who, subsequent to appointment, gains a 4 year qualification will be entitled to progress one additional incremental step in the salary scale on 1 February following the completion of the requirements for the qualification. S2.3.3. Where the requirements are completed at a time other than between 1 September and 31 December, the additional increment will be paid from the first pay period following the completion of the requirements for the qualification. S2.3.4. Academic qualifications will be deemed to be completed if the Employee obtains from the tertiary institution a statement to that effect. S2.3.5. Employees who hold a 3 year qualification will advance by annual increment to step 8 in the scale and subsequently to steps 9 and 10 by biennial increment. S2.4. Highly Accomplished and Lead Teachers S2.4.1. Teachers are encouraged to seek certification as a Highly Accomplished Teacher (HAT) and/or as a Lead Teacher. The certification process is available through AISSA and is detailed in the Australian Institute for Teachers and School Leadership Limited (AITSL) Certification of Highly Accomplished and LEAD Teachers in Australia document. S2.4.2. An allowance as detailed in Schedule 1 will apply to a HAT and a LEAD Teacher. If a teacher holds certification for both then the allowance for a LEAD Teacher will apply. S2.5. Band 2 Teachers S2.5.1. Band 2 teachers will be appointed at level 1, 2, 3 or 4 by the Principal of the School to carry out specific duties or responsibilities as determined between the Employee and the Principal or his or her delegate. These appointments are Leadership Positions as detailed below in clause S2.5. S2.6. Leadership Positions S2.6.1. Leadership position means any position filled for the time being by any teacher classified as Band 2. S2.6.2. Prescribed Leadership Points S2.6.2.1. The School will appoint Employees to leadership positions in a secondary school in such numbers as to at least utilise prescribed leadership position points determined for the School. The leadership points will be calculated by multiplying the number of equivalent full time teaching staff (of all classifications) of the School by 1.5.Page 52 of 75 S2.6.2.2. The School will appoint employees to leadership positions in a primary school as in S2.5.2.1 above but the multiplier will be 1.0 in lieu of 1.5 S2.6.2.3. For the purposes of this clause a primary school will be deemed to be a section of the School which offers courses of instruction up to and including year 7 and a secondary school will be a section of the School which offers courses of instruction for students beyond year 7. S2.6.2.4. Where the School is separated into different sections each section will be considered as a separate school and leadership points will be appointed in each section of the school according to the prescribed leadership position points determined by the number of equivalent full time teaching staff employed in that section of the school. S2.6.2.5. Prescribed leadership points will be utilised as follows: 1. For each Band 2 level 1 appointment 2 points 2. For each Band 2 level 2 appointment 6 points 3. For each Band 2 level 3 appointment 9 points 4. For each Band 2 level 4 appointment 13 points S2.6.2.6. Points will be expressed as integers only but where the prescribed leadership points are not divisible, then the total of prescribed leadership points will be increased by one to enable division. S2.6.2.7. Prescribed leadership points will be calculated on the actual equivalent full time teaching staff (of all classifications) of the School as at the start of each school year. S2.6.3. Tenure S2.6.3.1. Subject to other provisions of this Agreement the minimum period of tenure of Leadership Position appointments will be as follows: 1. Level 1 1 year 2. Level 2 2 years 3. Levels 3 and 4 5 years S2.6.3.2. During the school term preceding the expiration of tenure an Employee may request an appraisal from the Principal. The Principal must provide details of the appraisal process. If an appraisal is requested, then the Employee must be provided with a written summary of the findings. S2.6.3.3. An Employee whose classification in a Leadership Position expires and who is not re- appointed will revert to the appropriate step on the Band 1 incremental scale. S2.6.4. Simultaneous AppointmentsPage 53 of 75 S2.6.4.1. An Employee will not normally be simultaneously appointed to more than one Leadership Position unless required due to the operational requirements of the School and by mutual agreement with the Employee. S2.6.5. Duty Statements S2.6.5.1. Employees appointed to a Leadership Position will have an agreed duty statement setting out: 1. the classification level 2. the local title of the position (if applicable) 3. the salary and allowance to be paid 4. the duties to be carried out 5. the length of tenure of the position 6. the provision of additional non-contact time (if any).Page 54 of 75 SCHEDULE 3 - SALARIES AND ALLOWANCES - GENERAL STAFF Classification 2020 1/07/2021 1/07/2022 1/07/2023 Current 2.0% 2.0% 2.0% 16 years or less 25,732 26,247 26,772 27,307 17 years 30,878 31,496 32,126 32,768 18 years 36,025 36,745 37,480 38,230 19 years 41,171 41,995 42,835 43,691 20 years of age 46,318 47,244 48,189 49,153 Level 1 1.1 51,464 52,493 53,543 54,614 1.2 53,436 54,505 55,595 56,707 1.3 55,383 56,491 57,620 58,773 Level 2 2.1 55,814 56,930 58,069 59,230 2.2 57,563 58,714 59,889 61,086 Level 3 3.1 58,275 59,441 60,629 61,842 3.2 59,325 60,512 61,722 62,956 Level 4 4.1 61,518 62,748 64,003 65,283 4.2 64,597 65,889 67,207 68,551 Level 5 5.1 66,693 68,027 69,387 70,775 5.2 69,891 71,289 72,715 74,169 Level 6 6.1 71,836 73,273 74,738 76,233 6.2 76,728 78,263 79,828 81,424 Level 7 7.1 78,978 80,558 82,169 83,812 7.2 81,508 83,138 84,801 86,497 7.3 84,026 85,707 87,421 89,169 Level 8 8.1 91,514 93,344 95,211 97,115 First Aid 1,171 1,194 1,218 1,243Page 55 of 75 SCHEDULE 4 - CLASSIFICATION STRUCTURE - GENERAL STAFF S4.1. DEFINITIONS S4.1.1. Supervision S4.1.1.1. Close supervision: clear and detailed instructions are provided. Tasks are covered by standard procedures. Deviations from procedures or unfamiliar situations are referred to higher levels. Work is regularly checked. S4.1.1.2. Routine supervision: direction is provided on the tasks to be undertaken with some latitude to rearrange sequences and discriminate between established methods. Guidance on the approach to standard circumstances is provided in procedures, guidance on the approach to non-standard circumstances is provided by a supervisor. Checking is selective rather than constant. S4.1.1.3. General direction: direction is provided on the assignments to be undertaken, with the employee determining the appropriate use of established methods, tasks and sequences. There is some scope to determine an approach in the absence of established procedures or detailed instructions, but guidance is readily available. When performance is checked, it is on assignment completion. S4.1.1.4. Broad direction: direction is provided in terms of objectives which may require the planning of staff, time and material resources for their completion. Limited detailed guidance will be available and the development or modification of procedures by the employee may be required. Performance will be measured against objectives. S4.1.2. Qualifications S4.1.2.1. Within the Australian Qualifications Framework: S4.1.2.1.1. Year 12: Completion of a senior secondary certificate of education, usually in Year 12 of secondary school. S4.1.2.1.2. Trade certificate: Completion of an apprenticeship, normally of four years’ duration, or equivalent recognition, e.g. Certificate III. S4.1.2.1.3. Post-trade certificate: A course of study over and above a trade certificate and less than a Certificate IV. S4.1.2.1.4. Certificates I and II: Courses that recognise basic vocational skills and knowledge, without a Year 12 prerequisite. S4.1.2.1.5. Certificate III: A course that provides a range of well-developed skills and is comparable to a trade certificate. S4.1.2.1.6. Certificate IV: A course that provides greater breadth and depth of skill and knowledge and is comparable to a two year part-time post-Year 12 or post-trade certificate course. S4.1.2.1.7. Diploma: A course at a higher education or vocational educational and training institution, typically equivalent to two years’ full-time post-Year 12 study. S4.1.2.1.8. Advanced diploma: A course at a higher education or vocational educational and training institution, typically equivalent to three years’ full-time post-Year 12 study.Page 56 of 75 S4.1.2.1.9. Degree: A recognised degree from a higher education institution often completed in three or four years, and sometimes combined with a one-year diploma. S4.1.2.2. Postgraduate degree: A recognised postgraduate degree, over and above a degree as defined above. NOTE: Previously recognised qualifications obtained prior to the implementation of the Australian Qualifications Framework continue to be recognised. The above definitions also include equivalent recognised overseas qualifications. S4.1.3. Classification dimensions S4.1.3.1. Competency: The skill, complexity and responsibility of tasks typically required at each classification level. S4.1.3.2. Judgment, independence and problem solving: Judgment is the ability to make sound decisions, recognising the consequences of decisions taken or actions performed. Independence is the extent to which an employee is able (or allowed) to work effectively without supervision or direction. Problem solving is the process of defining or selecting the appropriate course of action where alternative courses of actions are available. This dimension looks at how much of each of these three qualities applies at each classification level. S4.1.3.3. Level of supervision: This dimension covers both the way in which employees are supervised or managed and the role of employees in supervising or managing others. S4.1.3.4. Training level or qualifications: The type and duration of training which the duties of the classification level typically require for effective performance. Training is the process of acquiring skills and knowledge through formal education, on-the-job instruction or exposure to procedures. S4.1.3.5. Occupational equivalent: Examples of occupations typically falling within each classification level. S4.1.3.6. Typical activities: Examples of activities typically undertaken by employees in different roles at each of the classification levels. Examples of occupational equivalent positions are provided. Reference to small, medium and large schools is made, based upon student enrolment. A small school enrols less than 300 students, a medium school enrols between 300 and 600 students and a large school enrols more than 600 students. S4.2. CLASSIFICATIONS S4.2.1. Level 1 An employee at this level will learn and gain competency in the basic skills required by the employer. In the event that the increased skills/competency are required and utilised by the employer, classification to a higher level within the structure may be possible. S4.2.1.1. Competency Competency involves application of knowledge and skills to a limited range of tasks and roles. There is a specific range of contexts where the choice of actions is clear. The competencies are normally used within established routines, methods and procedures that are predictable. Judgments against established criteria mayPage 57 of 75 also be required. S4.2.1.2. Judgment, independence and problem solving The employee follows standard procedures in a predefined order. The employee resolves problems where alternatives for the employee are limited and the required action is clear or can be readily referred to a more senior employee. S4.2.1.3. Level of supervision Close supervision or, in the case of more experienced employees working alone, routine supervision. S4.2.1.4. Training level or qualifications An employee is not required to have formal qualifications or work experience upon engagement. An employee will be provided with on-the-job training which will provide information about, and/or an introduction to, the conditions of employment, the school, the school’s policies and procedures in relation to the work environment and the employees with whom the employee will be working. S4.2.1.5. Typical activities S4.2.1.5.1. Classroom support services grade 1 • Providing general assistance of a supportive nature to teachers, as directed • Assisting student learning, either individually or in groups, under the direct supervision of a higher level general employee or a teacher • Assisting with the collection, preparation and distribution of classroom materials • Assisting with clerical duties associated with normal classroom activities, e.g. student records, equipment records, etc. • Assisting teachers with the care of students on school excursions, sports days and other classroom activities • Occupational equivalent: teacher aide/assistant, integration aide/assistant S4.2.1.5.2. Preschool/childcare services grade 1 • Learning and implementing the policies, procedures and routines and the requisite basic skills • Learning how to establish relationships and interacting with children • Attending to the physical, social and emotional needs of children on an individual or group basis • Assisting in the development of good relations with families attending the facility • Performing basic duties, including food preparation, cleaning or gardeningPage 58 of 75 • Occupational equivalent: childcare assistant, outside school hours assistant, preschool assistant, kindergarten assistant S4.2.1.5.3. School administration services grade 1 • Performing a range of general clerical duties at a basic level, for example, filing, handling mail, maintaining records, data entry • Operating routine office equipment, such as a computer, photocopier, scanner, facsimile, binding machine, guillotine, franking machine, calculator, etc. • Performing a reception function, including providing information and making referrals in accordance with school procedures • Carrying out minor cash transactions including receipting, balancing and banking • Monitoring and maintaining stock levels of stationery/materials within established parameters, including reordering • Occupational equivalent: clerical assistant, data entry operator, front desk/reception assistant S4.2.1.5.4. School operational services grade 1 • Performing general labouring tasks • Performing general gardening tasks, including preparing grounds and undertaking planting • Performing horticultural duties in areas such as sports playing fields, garden maintenance and foliage control • Performing basic gardening and outdoor maintenance • Performing basic maintenance • Performing a range of industrial cleaning tasks • Moving furniture and equipment • Assisting in a school retail facility, such as a canteen, uniform shop or book shop • Assisting trades personnel with manual duties • Taking general care of school vehicles, including driving buses for less than 25 passengers • Undertaking elementary food preparation and cooking duties, cleaning and tidying the kitchen and its equipment • Performing gardening duties such as the planting and trimming of trees, sowing, planting and cutting of grass and the watering of plants, gardens,Page 59 of 75 trees, lawns and displays • Removing cuttings, raking leaves, cleaning/emptying litter bins, cleaning gutters/drains/culverts • Performing routine maintenance of turf, synthetic, artificial and other play surfaces • Performing non-trade tasks incidental to the employee’s work • Performing general laundry duties • Performing general house assistant duties in a boarding house, such as cleaning • Performing minor repairs to linen or clothing such as buttons, zips, seams and working with flat materials • Cleaning, dusting and polishing in classrooms or other public areas of the school • Making and/or serving morning/afternoon tea, including washing up and other duties in connection with such work other than meals/refreshments in the school’s main dining area • Occupational equivalent: cleaner, kitchen assistant, laundry assistant, grounds/maintenance assistant, retail assistant, bus driver, handyperson, attendant, trades assistant S4.2.2. Level 2 An employee at this level performs work above and beyond the skills of an employee at Level 1. S4.2.2.1. Competency Competency at this level involves application of knowledge and skills to a range of tasks and roles. There is a defined range of contexts where the choice of actions required is clear. There is limited complexity of choice of actions required. On occasion, more complex tasks may be performed. S4.2.2.2. Judgment, independence and problem solving Applies generally accepted concepts, principles and standards in well-defined areas. Solves relatively simple problems with reference to established techniques and practices. Will sometimes choose between a range of straightforward alternatives. An employee at this level will be expected to perform a combination of various routine tasks where the daily work routine will allow the latitude to rearrange some work sequences, provided the prearranged work priorities are achieved. S4.2.2.3. Level of supervision Routine supervision of straightforward tasks; close supervision of more complex tasks. Where employees are working alone, less direct guidance and somePage 60 of 75 autonomy may be involved. S4.2.2.4. Training level or qualifications Level 2 duties typically require: • a skill level which assumes and requires knowledge, training or experience relevant to the duties to be performed; • completion of Year 12 without work experience; • completion of Certificates I or II with work related experience; or • an equivalent combination of experience and training. S4.2.2.5. Typical activities S4.2.2.5.1. Classroom support services grade 2 • Providing assistance with the educational program where limited discretion and judgment and/or specific skills are involved • Occupational equivalent: teacher aide/assistant, integration aide/assistant S4.2.2.5.2. Curriculum/resources services grade 1 • Performing a range of basic library transactions, including processing, cataloguing and accessioning books, stocktaking, preparing display materials, using circulation systems, general photocopying and related clerical tasks • Maintaining, controlling, operating and demonstrating the use of audio-visual equipment, where there is limited complexity, including assisting with audio and video recording • Maintaining booking and repair/replacement systems for equipment • Maintaining catalogues of recorded programs in accordance with established routines, methods and procedures • Maintaining equipment and materials • Caring for fauna and flora • Preparing teaching aids under direction • Preparing standard solutions and less complex experiments • Assisting students and teachers to use the catalogue and/or locate books and resource materials • Explaining the function and use of library and library equipment to students • Under direction, assisting teaching staff to take story groups • Searching and identifying fairly complex bibliographic material organisingPage 61 of 75 inter-library loans • Answering ready references inquiries • Operating a wide range of audio-visual or computer equipment • Demonstrating and explaining the operation of audio-visual, computer and other similar equipment • Providing technical support to teachers • Recording materials by means of sound and photographic equipment, etc. • Evaluating and making recommendations for the purchase of technical or computer equipment • Implementing measures for proper storage control and handling or disposal of dangerous or toxic substances • Culturing, preparing for use and being responsible to the relevant manager for the security of bacterial, viral or other like substances • Ordering supplies and materials • Within a defined range of contexts, where the choice of actions is clear, maintaining scientific equipment, materials and specimens • Assisting with the design/demonstration of experiments and scientific equipment, as directed • Occupational equivalent: library assistant, laboratory assistant, technology centre assistant S4.2.2.5.3. Preschool/childcare services grade 2 • Assisting in the implementation of the children’s program under supervision • Assisting in the implementation of daily care routines • Developing awareness of, and assisting in the maintenance of, the health and safety of children in care • Understanding and working according to the policies and procedures associated with the children’s program • Responsibility for food preparation, cleaning, gardening or general maintenance under the guidance of the director or the director’s nominee • Demonstrating knowledge of hygienic handling of food and equipment • Occupational equivalent: childcare assistant S4.2.2.5.4. Wellbeing services grade 1 • Providing first aid services, as the designated first aid officer in the schoolPage 62 of 75 • Occupational equivalent: first aid officer S4.2.2.5.5. School administration services grade 2 • Performing duties involving the inward and outward movement of mail, keeping, copying, maintaining and retrieving records, straightforward data entry and retrieval • Occupational equivalent: clerical assistant S4.2.2.5.6. School operational services grade 2 • Performing non-cooking duties in the kitchen including the assembly, preparation and measurement of food items • Undertaking general gardening tasks including the preparation and planting procedures • Laundry duties requiring the application of limited discretion • Operating, maintaining and adjusting turf machinery under general supervision • Applying fertilizers, fungicides, herbicides and insecticides under general supervision • Performing a range of patrol duties, including responding to alarms, following emergency procedures and preparing incident reports • Driving a bus with a carrying capacity of 25 or more passengers • Occupational equivalent: non-trade qualified cook, gardener, kitchen assistant, security officer, school bus driver S4.2.3. Level 3 An employee at this level performs work above and beyond the skills of an employee at Level 2. S4.2.3.1. Competency Competency at this level involves application of knowledge with depth in some areas and a broad range of skills. There are a range of roles and tasks in a variety of contexts. There is some complexity in the extent and choice of actions required. Competencies are normally used within routines, methods and procedures. Some discretion and judgment is involved in the selection of equipment, work organisation, services, actions and achieving outcomes within time constraints. S4.2.3.2. Judgment, independence and problem solving Exercise judgment on work methods and task sequence within specified timelines and standard practices and procedures. Answers are usually found by selecting from specific choices defined in standard work policies or procedures.Page 63 of 75 S4.2.3.3. Level of supervision In some positions, routine supervision, moving to general direction with experience. In other positions, general direction. This is the first level where supervision of other employees may be required. When employees are working alone, they may work semi-autonomously. S4.2.3.4. Training level or qualifications Level 3 duties typically require a skill level which assumes and requires knowledge or training in clerical/administrative, trades or technical functions equivalent to: • completion of a trades certificate or Certificate III; • completion of Year 12 or a Certificate II, with relevant work experience; or • an equivalent combination of relevant experience and/or education/training. • Persons advancing through this level may typically perform duties which require further on-the-job training or knowledge and training equivalent to progress toward completion of a Certificate IV or Diploma. S4.2.3.5. Typical activities S4.2.3.5.1. Classroom support services grade 3 • Undertaking some responsibility for other employees in the work area • Providing assistance or guidance to other employees in the work area • Liaising between the school, the student and the student’s family where some discretion and judgment are involved • Assisting student learning, where some discretion and judgment is involved, including evaluation and assessment, under the supervision of a teacher, of the learning needs of students • Occupational equivalent: student services co-ordinator S4.2.3.5.2. Curriculum/resources services grade 2 • Undertaking some responsibility for other employees in the work area • Providing assistance or guidance to other employees in the work area • Providing technical assistance in the operation of a library, laboratory, or technology centre, where some discretion and judgment are involved • Preparing descriptive cataloguing for library materials • Supervising the operation of circulation systems • Answering reference and information inquiries, other than ready reference • Assisting in evaluating and selecting equipment and suppliesPage 64 of 75 • Providing guidance in the use of information systems • Producing resource materials, e.g. multi-media kits, video and film clips • Teaching audio-visual, computer and other technical skills to students and teachers • Searching and verifying bibliographical data where some judgment and discretion are involved • Producing, displaying and/or publicising materials • Assisting students and employees to access information and to use equipment in a library, laboratory or a technology centre where some discretion and judgment are involved • Assisting with supervision of students in the library where some discretion and judgment are involved • Providing technical assistance and advice, as requested • Assisting with the planning and organisation of a laboratory or technology centre and field work • Testing of experiments and demonstrating experiments (with teachers) • Occupational equivalent: library technician, laboratory technician, technology centre technician S4.2.3.5.3. Preschool/childcare services grade 3 • Assisting in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups • Responsibility for recording observations of individual children or groups for program planning purposes for qualified employees • Working with individual children with particular needs, under direction • Assisting in the direction of untrained employees • Undertaking and implementing the requirements of quality assurance • Working in accordance with food safety regulations • Occupational equivalent: childcare assistant S4.2.3.5.4. School administration services grade 3 • Undertaking a wide range of secretarial and clerical duties at an advanced level, including typing, word processing, maintaining email and computerised records and shorthand • Managing enquiries from students, parents, employees and the general publicPage 65 of 75 • Entering financial data into computers and preparing financial and management reports for review and authorisation • Preparing and processing payroll within routines, methods and procedures • Undertaking bank and ledger reconciliations • Assisting with preparation of internal and external publications • Providing administrative support to senior management, including arranging appointments, diaries and preparing both confidential and general correspondence • Preparing government and statutory authority returns for authorisation • Occupational equivalent: administration assistant, office supervisor, accounts clerk, school secretary (small school) S4.2.3.5.5. School operational services grade 3 • Performing general maintenance work which includes the use of trade accredited skills in areas such as carpentry, plumbing or electrical services • Control and responsibility for the maintenance of gardens, sports grounds and/or facilities which includes the use of accredited trade skills in areas such as horticulture, gardening or in the maintenance of sports grounds • Responsibility for operating the school canteen, uniform shop or book shop, including supervision of employees and volunteers • Cooking duties including a la carte cooking, baking, pastry cooking or butchery • Responsibility for operating, maintaining and adjusting turf machinery, as appropriate • Cleaning and inspecting machinery after each use, reporting any problems to the appropriate manager • In trades positions, applying the skills taught in a trades certificate or Certificate III, including performance of a range of construction, maintenance and repair tasks, using precision hand and power tools and equipment. In some cases, this will involve familiarity with the work of other trades or require further training. • Performing a range of security duties, including patrols, alarm responses, emergency procedures and preparing incident reports • Responsibility for the security and basic maintenance of school property • Occupational equivalent: tradesperson, retail function co-ordinator, security officer, caretakerPage 66 of 75 S4.2.4. Level 4 An employee at this level performs work above and beyond the skills of an employee at Level 3. S4.2.4.1. Competency Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills. There is a wide variety of tasks and roles in a variety of contexts. There is complexity in the ranges and choice of actions required. Some tasks may require limited creative, planning or design functions. Competencies are normally used within a variety of routines, methods and procedures. Discretion and judgment are required for self and/or others in planning, selection of equipment, work organisation, services, actions and achieving outcomes within time constraints. S4.2.4.2. Judgment, independence and problem solving Independent judgment is required to identify, select and apply the most appropriate available guidelines and procedures, interpret precedents and adapt standard methods or practices to meet variations in facts and/or conditions. The employee may apply extensive diagnostic skills, theoretical knowledge and techniques to a range of procedures and tasks, proficiency in the work area’s rules and regulations, procedures requiring expertise in a specialist area or broad knowledge of a range of personnel and functions. S4.2.4.3. Level of supervision Supervision is generally present to establish general objectives relative to a specific project, to outline the desired end product and to identify potential resources for assistance. Some positions will require routine supervision to general direction depending upon experience and the complexity of the tasks. Some positions will require general direction. May supervise or co-ordinate others to achieve objectives, including liaison with employees at higher levels. May undertake stand-alone work. S4.2.4.4. Training level or qualifications Level 4 duties typically require a skill level which assumes and requires knowledge or training equivalent to: • completion of a diploma level qualification with relevant work related experience; • completion of a Certificate IV with relevant work experience; • completion of a post-trades certificate and extensive relevant experience and on-the-job training; • completion of a Certificate III with extensive relevant work experience; or • an equivalent combination of relevant experience and/or education/training. S4.2.4.5. Typical activitiesPage 67 of 75 S4.2.4.5.1. Curriculum/resources services grade 3 • Demonstrating and instructing students and employees with respect to the use of complex audio-visual or computer equipment, using a variety of routines, methods and procedures, with a depth of knowledge in the requisite areas • Designing and demonstrating experiments within a variety of routines, methods and experiences under supervision of teachers where discretion and judgment are required • In charge of an identifiable functional unit, which ordinarily will involve the supervision of staff • Liaising with teachers on curriculum matters • Assisting careers advisor/counsellor • Occupational equivalent: senior technician in a library, laboratory or technology centre, careers placement officer S4.2.4.5.2. Preschool/childcare services grade 3A • Exercises similar responsibilities as a grade 3 but an employee at this level has a Diploma in Children’s Services • Occupational equivalent: childcare assistant S4.2.4.5.3. Wellbeing services grade 2 • Providing support and guidance to students • Providing welfare services to students • Occupational equivalent: youth welfare officer S4.2.4.5.4. School administration services grade 4 • Responsibility for the smooth and efficient financial administration of a small school • Responsibility for both secretarial and financial administration of a school office in a small school • Using computer software packages, including desktop publishing, database and/or web software, at an advanced level • Planning and setting up spreadsheets and database applications • Initiating and handling correspondence, which may include confidential correspondence • Calculating and maintaining wage and salary records for a large payroll utilising a variety of routines, methods and proceduresPage 68 of 75 • Applying inventory and purchasing control procedures • Preparing monthly summaries of debtors and creditors ledger transactions with reconciliations • Controlling the purchasing and storage for a discrete function • Supervising and maintaining hardware and software components of a computer network, with appropriate support for users • Preparing complex financial and administrative systems • Undertaking responsibility for the co-ordination and ongoing management of fundraising activities or special projects where an advanced level of clerical and administrative skill is required • Occupational equivalent: senior administration assistant, office supervisor, finance officer, school registrar, school secretary (large school), principal’s secretary, school development officer S4.2.4.5.5. School operational services grade 4 • Performing specialised cooking, butchery, baking pastry and the supervision of the operation • Responsibility for planning, scheduling and supervising of all aspects of gardening maintenance • Deputising for the manager if absent, including undertaking all duties • In trades positions, working on complex engineering or interconnected electrical circuits and/or exercising high precision trades skills using various materials and/or specialised techniques • Occupational equivalent: advanced tradesperson, head groundsperson (medium or large school) S4.2.5. Level 5 An employee at this level performs work above and beyond the skills of an employee at Level 4. S4.2.5.1. Competency Competency at this level involves self-directed application of knowledge with substantial depth in some areas. A range of technical and other skills are applied to roles and functions in both varied and highly specific contexts. Competencies are normally used independently and both routinely and non-routinely. Discretion and judgment are required in planning and selecting appropriate equipment, service techniques and work organisation for self and/or others. S4.2.5.2. Judgment, independence and problem solving Problem solving involves the identification and analysis of diverse problems. Solve problems through the standard application of theoretical principles and techniques at degree level. Apply standard technical training and experience toPage 69 of 75 solve problems. Apply expertise to the making of decisions. Being responsible for co-ordinating a team to provide an administrative service. S4.2.5.3. Level of supervision Routine supervision to general direction, depending on tasks involved and experience. May supervise other staff at levels below Level 5. S4.2.5.4. Training level or qualifications Level 5 duties typically require a skill level which assumes and requires knowledge or training equivalent to: • completion of a degree without subsequent relevant work experience; • completion of an advanced diploma qualification and at least one year’s subsequent relevant work experience; • completion of a diploma qualification and at least two years’ subsequent relevant work experience; • completion of a Certificate IV and extensive relevant work experience; • completion of a post-trades certificate and extensive (typically more than two years’) relevant experience as a technician; or • an equivalent combination of relevant experience and/or education/training S4.2.5.5. Typical activities S4.2.5.5.1. Curriculum/resources services grade 4 • Providing specialist technical advice, direction and assistance in the employee’s area of expertise using the application of knowledge gained through formal study/qualifications applicable to this level • Occupational equivalent: professional assistant S4.2.5.5.2. Preschool/childcare services grade 4 • Responsibility, in consultation with the director or the director’s nominee, for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups of children in care • Responsibility for the direction and general supervision of lower level employees • Ensuring a safe environment is maintained for children and employees • Ensuring that records are maintained accurately for each child in the employee’s care • Developing, implementing and evaluating daily care routines • Ensuring adherence to the policies and procedures • Liaising with familiesPage 70 of 75 • Occupational equivalent: childcare assistant S4.2.5.5.3. School administration services grade 5 • Applying theoretical knowledge, at degree level, in a straightforward way, in professional positions • Providing designated support to senior management and associated committees concerning designated aspects of school management • Overseeing the operations of the school’s office and other administrative activities • Ensuring deadlines and targets are met • Preparing the accounts of the school to operating statement stage and assisting in the formulating of period and year end entries • Performing information technology tasks requiring professional qualifications involving analysis, design or computation and drawing upon advanced techniques and methods • Occupational equivalent: human resources officer, office supervisor (large school), school development officer S4.2.5.5.4. School operational services grade 5 • Managing a range of functions • Occupational equivalent: assistant property manager (large school), property manager (medium school) S4.2.6. Level 6 An employee at this level performs work above and beyond the skills of an employee at Level 5. S4.2.6.1. Competency Competency at this level involves the development and application of professional knowledge in a specialised area/s and utilising a broad range of skills. Competencies are normally applied independently and are substantially non-routine. Competency at this level involves the delivery of professional services within defined accountability levels. Employees may operate individually or as a member of a team. Significant discretion and judgment is required in planning, designing professional, technical or supervisory functions related to services, operations or processes. Employees are expected to plan their own professional development and such increased knowledge, relevant to the position held, will be applied to the work situation.Page 71 of 75 Perform work assignments guided by policy, precedent, professional standards and managerial or technical expertise. Employees would have the latitude to develop or redefine procedure and interpret policy so long as other work areas are not affected. In technical and administrative areas, have a depth or breadth of expertise developed through extensive relevant experience and application. S4.2.6.2. Judgment, independence and problem solving Discretion to: innovate within own function and take responsibility for outcomes; design, develop and test complex equipment, systems and procedures; undertake planning involving resources use and develop proposals for resource allocation; exercise high level diagnostic skills on sophisticated equipment or systems; and/or analyse and report on data and experiments. S4.2.6.3. Level of supervision In some positions, general direction is appropriate. In other positions, broad direction would apply. May have extensive supervisory and line management responsibility for general employees. Supervision is present to review established objectives. S4.2.6.4. Training level or qualifications Level 6 duties typically require a skill level which assumes and requires knowledge or training equivalent to: • a degree with subsequent relevant experience; • extensive experience and specialist expertise or broad knowledge in technical or administrative fields; or • an equivalent combination of relevant experience and/or education/training S4.2.6.5. Typical activities S4.2.6.5.1. Preschool/childcare services grade 5 • Occupational equivalent: operating as the assistant director: • Responsibility for co-ordinating and directing the activities of employees, engaged in the implementation and evaluation of developmentally appropriate programs • Contributing, through the director, to the development of the facility or policies and procedures • Co-ordinating operations, including occupational health and safety, program planning, staff training • Taking responsibility for the day-to-day management of the facility in the temporary absence of the director and for management and compliance with all licensing and all statutory and quality assurance issues • Undertaking and implementing the requirements of quality assurance • Occupational equivalent: operating as the co-ordinatorPage 72 of 75 • Undertaking additional responsibilities, including co-ordinating the activities of more than one group, supervising employees, trainees and students on placement and assisting in administrative functions S4.2.6.5.2. Wellbeing services grade 3 • Performing guidance and counselling, within defined accountabilities • Providing specialist health services and/or therapy services to students • Occupational equivalent: psychologist, speech therapist, occupational therapist S4.2.6.5.3. Nursing services grade 1 • Providing primary nursing care with its associated administrative responsibilities • Occupational equivalent: school nurse S4.2.6.5.4. School administration services grade 6 • Operating and being responsible for a structurally and/or operationally defined section • Providing professional advice to students and employees on the employee’s area of expertise • Responsibility for professional development of other employees • Contributing to operational and strategic planning in the area of responsibility • Occupational equivalent: public relations manager/director, school development manager S4.2.6.5.5. School operational services grade 6 • Managing a range of functions • Occupational equivalent: property manager S4.2.7. Level 7 An employee at this level performs work above and beyond the skills of an employee at Level 6. S4.2.7.1. Competency Within constraints set by management, employees exercise initiative in the application of professional practices demonstrating independent discretion and judgment, which may have effect beyond a work area. An employee at this level is expected to carry a high proportion of tasks involving complex, specialised or professional functions. An employee may independently relate existing policy to work assignments orPage 73 of 75 rethink the way a specific body of knowledge is applied in order to solve problems. In professional or technical positions, the employee may be a recognised authority in a specialised area. S4.2.7.2. Judgment, independence and problem solving Independently relate existing policy to work assignments, rethink the way a specific body of knowledge is applied in order to solve problems, adapt procedures to fit policy prescriptions or use theoretical principles in modifying and adapting techniques. This may involve stand-alone work or the supervision of employees in order to achieve objectives. It may also involve the interpretation of policy which has an impact beyond the immediate work area. S4.2.7.3. Level of supervision Broad direction. May manage other employees including general employees. S4.2.7.4. Training level or qualifications Level 7 duties typically require a skill level which assumes and requires knowledge or training equivalent to: • a degree with at least four years of subsequent relevant experience; • extensive experience and management expertise in technical or administrative fields; or • an equivalent combination of relevant experience and/or education/training S4.2.7.5. Typical activities S4.2.7.5.1. Preschool/childcare services grade 6 • Responsibility as a director, being responsible for the overall management and administration of the facility including: • Supervising the implementation of developmentally appropriate programs for children • Recruiting staff in accordance with relevant regulations, as directed by the Principal • Maintaining day-to-day accounts and handling all administrative matters • Ensuring that the facility meets or exceeds quality assurance requirements • Liaising with families and outside agencies • Formulating and evaluating annual budgets • Providing professional leadership and development to employees • Developing and maintaining policies and practices for the facility • Occupational equivalent: childcare centre directorPage 74 of 75 S4.2.7.5.2. Wellbeing services grade 4 • Managing counselling services with more than one psychologist under supervision • Occupational equivalent: head of school counselling (small or medium school), senior therapist S4.2.7.5.3. Nursing services grade 2 • Providing health counselling, health education and acting in a resource capacity to the school community, in addition to providing primary care with its associated administrative duties • Occupational equivalent: school nurse S4.2.7.5.4. School administration services grade 7 • Preparing advice, reports, proposals or submissions, using a high level of expertise, for the senior executives of the school and/or outside bodies • Providing financial advice to the principal or the business manager • Managing the school’s financial system • Performing information technology tasks requiring professional qualifications involving analysis, design or computation and drawing upon advanced techniques and methods at an advanced level • Occupational equivalent: information technology manager (medium school) S4.2.8. Level 8 An employee at this level performs work above and beyond the skills of an employee at Level 7. S4.2.8.1. Competency Competency at this level is likely to require the development of new ways of using a specific body of knowledge which applies to work assignments, or may involve the integration of other specific bodies of knowledge. S4.2.8.2. Judgment, independence and problem solving Responsible for program development and implementation. Provide strategic support and advice requiring integration of a range of school policies and external requirements, and an ability to achieve objectives operating within complex organisation structures. S4.2.8.3. Level of supervision Broad direction, working with a degree of autonomy. May have management responsibility for a functional area and/or manage other employees including administrative, technical and/or professional employees.Page 75 of 75 S4.2.8.4. Training level or qualifications Level 8 duties typically require a skill level which assumes and requires knowledge or training equivalent to: • postgraduate qualifications or progress towards postgraduate qualifications and extensive relevant experience; • extensive experience and management expertise; or • an equivalent combination of relevant experience and/or education/training. S4.2.8.5. Typical activities S4.2.8.5.1. Preschool/childcare services grade 6 • Responsibilities are the same as for a grade 6 classified at Level 7 • This level applies where the number of places in the centre exceeds 60 S4.2.8.5.2. Wellbeing services grade 5 • Manages a counselling or multi-disciplinary service in a large school • Occupational equivalent: manager of counselling services S4.2.8.5.3. Nursing services grade 3 • Providing health, counselling, health education and acting in a resource capacity to a school community, in addition to providing primary nursing care with its associated administrative duties and being responsible for the co-ordination, administration and management of health service and who is in charge of or directs the activities of other employees of the school’s health service • Occupational equivalent: nurse in charge S4.2.8.5.4. School administration services grade 8 • Managing a large functional unit with a diverse or complex set of functions and significant resources in a large school • Undertaking the role of an assistant bursar/business manager in a large school • Performing information technology tasks requiring professional qualifications involving analysis, design or computation and drawing upon advanced techniques and methods at an advanced level • Occupational equivalent: information technology manager (large school), assistant bursar/business manager (large school)Fair Work Commission Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and Reg. 2.07 of the Fair Work Regulations 2009 (Cth) Portside Christian College gives the following undertaking: 1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not for less than three (3) consecutive hours. Signed : Dr Sue Starling Principal Portside Christian College Date Fair Work Commission Approval Application for Portside Christian College Enterprise Agreement 2021 - s 185 of the Fair Work Act 2009 Written Undertaking Pursuant to Section 190 of the Fair Work Act 2009 (Cth) and Reg. 2.07 of the Fair Work Regulations 2009 (Cth) Portside Christian College gives the following undertaking: 1. Under clause 28.4(c) a casual employee may be employed for less than one (1) day but not for less than three (3) consecutive hours. 9/12/21 Signed: Dr Sue Starling Date Principal Portside Christian College