Victorian Government Schools Agreement 2022

1

Fair Work Act 2009 
s.185—Enterprise agreement

State Of Victoria (Department Of Education And Training) T/A 
Department Of Education And Training
(AG2022/1715)

VICTORIAN GOVERNMENT SCHOOLS AGREEMENT 2022

Educational services

COMMISSIONER MATHESON SYDNEY, 18 JULY 2022

Application for approval of the Victorian Government Schools Agreement 2022.

[1] An application has been made for approval of an enterprise agreement known as the 
Victorian Government Schools Agreement 2022 (Agreement). The application was made by 
State Of Victoria (Department Of Education And Training) T/A Department Of Education And 
Training (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement 
is a single enterprise agreement.

[2] There are four union bargaining representatives for the Agreement being the:

 Australian Education Union;
 Australian Nursing and Midwifery Federation;
 Australian Principals Federation; and
 Community and Public Sector Union,

all of which have filed a Form F18 declaration indicating they support approval of the 
Agreement and do not want to advise the Fair Work Commission (Commission) that they 
disagree with one or more statements in the Form F17 Employer’s declaration in support of an 
application for approval of an enterprise agreement (Form F17) filed by the Applicant in 
relation to the Agreement.

[3]  There are also two employee bargaining representatives for the Agreement.

[4] A Form F18A declaration was filed by one of the employee bargaining representatives 
for the Agreement, Mr Spicer, initial C, who also requested to be heard in relation to this 
application. Mr Spicer is the bargaining representative for a group of five principals. The 
response to question 4 of the Form F18A indicates that Mr Spicer and the employees he 
represents do not support approval of the Agreement and raises a number of concerns.

[2022] FWCA 2387

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



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[5] Additionally, three employees covered by the Agreement sought to be heard in relation 
to the application and were provided with the opportunity to appear at a hearing on 5 July 2022. 
Of those three employees, only Ms Usher, initial C, attended the hearing.  

The hearing 

[6] At the hearing on 5 July 2022, the Applicant and employer covered by the Agreement 
sought to be represented by a lawyer. The Applicant submitted that the matter is invested with 
some complexity, that 39,048 people voted in favour of approving the Agreement and it is of 
importance. The Applicant submitted that, in that context, the proper conduct of the hearing 
and the discharge of the Commission’s task needs to proceed with care and issues of procedural 
fairness arise as do particular issues relevant to the tests to apply. The Applicant submitted that 
the Commission would be assisted in permitting it to be represented by a lawyer as the lawyer 
will be able to provide the Commission with those principles of procedure and fairness and, 
being furnished with those principles, the Commission would able to conduct the hearing more 
efficiently. No objections were raised in relation to the application for representation.

[7] Having considered the submissions and read the materials filed, I granted permission 
for the Applicant to be represented by a lawyer pursuant to s.596(2)(a) of the Act on the basis 
that it would enable the matter to be dealt with more efficiently taking into account the 
complexity of the matter. Accordingly, at the hearing, the Applicant was represented by Mr 
Howard, initial L, with Ms Connor, initial L, instructing. 

[8] Representatives for the Australian Education Union, Australian Nursing and Midwifery 
Federation, Australian Principals Federation and Community and Public Sector Union appeared 
at the hearing.

[9] Mr Spicer, initial C, and Ms Usher, initial C, also appeared at the hearing. 

Legislative framework

[10] Section 186 of the Act sets out when the Commission must approve an agreement.  In 
particular, s.186 provides that, if an application for the approval of an enterprise agreement is 
made under s.185 of the Act, the Commission must approve the agreement if the requirements 
in ss.186 and 187 of the Act are met. I consider these provisions below.

Genuine agreement – ss.186(2)(a) and 188(1)

[11] The Agreement is not a greenfields agreement. In these circumstances s.186(2)(a) of the 
Act requires that the Commission be satisfied that the Agreement has been genuinely agreed to 
by the employees covered by the Agreement.

[12] Section 188(1) of the Act provides that an enterprise agreement has been genuinely 
agreed to by the employees covered by the agreement if the Commission is satisfied that:

(a) the employer, or each of the employers, covered by the agreement complied with 
the following provisions in relation to the agreement:






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(i) ss.180(2), (3) and (5) (which deal with pre-approval steps);

(ii) s.181(2) (which requires that employees not be requested to approve 
an enterprise agreement until 21 days after the last notice of employee 
representational rights is given); and

(b) the agreement was made in accordance with whichever of ss.182(1) or (2) 
applies (those subsections deal with the making of different kinds of enterprise 
agreements by employee vote); and 

(c) there are no other reasonable grounds for believing that the agreement has not 
been genuinely agreed to by the employees.

[13] Section 188(2) of the Act provides that an enterprise agreement has also been genuinely 
agreed to by the employees covered by the agreement if the Commission is satisfied that:

(a) the agreement would have been genuinely agreed to within the meaning 
of subsection (1) but for minor procedural or technical errors made in relation to 
the requirements mentioned in paragraph (1)(a) or (b), or the requirements 
of ss.173 and 174 relating to a notice of employee representational rights; and

(b) the employees covered by the agreement were not likely to have been 
disadvantaged by the errors, in relation to the requirements mentioned 
in paragraph (1)(a) or (b) or the requirements of ss.173 and 174.

Pre-approval steps – materials during the access period – s.180(2)

[14] Section 180 of the Act provides that, before an employer requests under s.181(1) that 
employees approve a proposed enterprise agreement by voting for the agreement, the employer 
must comply with the requirements set out in s.180 of the Act.

[15] Section 180(2) of the Act provides that the employer must take all reasonable steps to 
ensure that:

(a) during the access period for the agreement, the employees (the relevant 
employees) employed at the time who will be covered by the agreement are 
given a copy of the following materials:

(i) the written text of the agreement; 

(ii) any other material incorporated by reference in the agreement; or 

(b) the relevant employees have access, throughout the access period for the 
agreement to a copy of those materials.






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[16] Section 180(4) of the Act provides that the access period for a proposed enterprise 
agreement is the 7-day period ending immediately before the start of the voting process referred 
to in s.181(1) of the Act.

[17] It is declared in the Form F17 that, on 5 May 2022, the Applicant sent an email to all 
employees proposed to be covered by the Agreement providing links to a number of documents 
in relation to the Agreement. A copy of this email and the documents were provided to the 
Commission. The email included access to links where employees could access:

 the Agreement; 

 a document explaining the Agreement;

 a draft deed of agreement in relation to maximum face-to-face teaching requirements 
(Deed); and 

 the Applicant’s policies and procedures, including those mentioned in the above 
documents.

[18] It is declared in the Form F17 that 16 May 2022 is the date that voting for the Agreement 
commenced and I am satisfied that the relevant employees had access, throughout the access 
period for the Agreement, to a copy of those materials.

[19] I am satisfied that the requirements in s.180(2) of the Act have been met.

Pre-approval steps – notification of vote – s.180(3)

[20] Section 180(3) of the Act provides that the employer must take all reasonable steps to 
notify the relevant employees by the start of the access period for the agreement:

(a) the time and place at which the vote will occur;

(b) the voting method that will be used.

[21] Section 180(4) of the Act provides that the access period for a proposed enterprise 
agreement is the 7-day period ending immediately before the start of the voting process referred 
to in s.181(1) of the Act.

[22] It is declared in the Form F17 that, on 5 May 2022, the Applicant sent an email to all 
employees proposed to be covered by the Agreement advising them that they would be given 
the opportunity to vote to approve or not approve the Agreement and providing links to a 
number of documents in relation to the Agreement and employee ballot. A copy of the email 
was provided to the Commission. The email explains that:

 principals have been asked to schedule a staff meeting in the period of 16 May 2022 
to 20 May 2022 for school-based employees, and Regional Directors have provided 
designated voting places and times for employees in non-school locations, for the 








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purpose of conducting the employee ballot in relation to the proposed Agreement; 
and

 further information about the employee ballot for employees in both school and non-
school locations can be found in the ‘Approval process and frequently asked 
questions’ document. A link to access this document was provided in the email.

[23] A document entitled ‘Approval process and frequently asked questions’ was filed with 
the Commission. In relation to non-school locations, the document explains that:

 a ballot box for each non-school location will be available at the designated place and 
time to give employees who are proposed to be covered by the proposed Agreement 
the opportunity to vote to approve or not approve the proposed Agreement; 

 employees in attendance at the designated place and time for their non-school 
location would be provided with a ballot paper and invited to cast their vote for the 
proposed Agreement by completing the ballot paper and placing it in the ballot box 
provided;

 an employee is required to vote in person (with some exceptions);

 an employee who is unable to attend the designated place and time for their non-
school location and who wishes to vote may arrange to cast their vote at a school 
which is convenient for them and that they must contact the principal of that school 
as early as possible to be advised of the meeting details for the vote at that school; 
and

 employees who are on leave or otherwise absent from work at the designated ballot 
box time frame for their non-school location, and who cannot make alternative 
arrangements to cast their vote in person, can request to vote via email.

[24] It is declared in the Form F17 that employees were advised, via email, of the designated 
voting places and times for employees in non-school locations where they could vote by placing 
a ballot paper in a ballot box. A document referring to a ‘Ballot for employees in non-school 
locations’ was provided to the Commission and sets out the various times and places at which 
employees could vote at non-school locations. 

[25] In relation to school locations, the document entitled ‘Approval process and frequently 
asked questions’ explains that:

 between 16 May 2022 and 20 May 2022, a meeting will be held at each school to 
give employees the opportunity to vote to approve or not approve the proposed 
Agreement;

 employees will receive separate communication from their principal advising them 
of the date, time and place of the meeting at least seven days before it is to occur and 
the meeting will be co-convened by the principal and a union representative;








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 during the meeting, employees will be provided with a ballot paper and invited to cast 
their vote for the proposed Agreement by completing the ballot paper and placing it 
in the ballot box provided;

 an employee is required to vote in person (with some exceptions); and

 employees who are on leave or otherwise absent from work at the scheduled time for 
the meeting and who cannot make alternative arrangements to cast their vote in 
person can request to vote via email.

[26] The Commission sought further information regarding how school-based employees 
were notified of the time and place at which the vote would occur. The Applicant provided a 
response to that request explaining that, on 5 May 2022, the Applicant provided instructions to 
the principals of 1,542 schools in relation to how the time and place of the ballot meeting to 
occur between 16 May 2022 and 20 May 2022 was to be communicated to employees at those 
schools. A document entitled ‘Proposed Victorian Government Schools Agreement 2022 
Approval Process – Principal Guidelines’ was provided to the Commission. That document:

 explains the requirements in the Act in relating to voting and approval and that the 
assistance of principals is required to make sure the Applicant satisfies these 
requirements;

 requires principals to schedule an all staff meeting to occur at their school no earlier 
than 16 May 2022 and no later than 20 May 2022 for the purpose of conducting the 
ballot and to advise employees of the date, time and place of that meeting at least 
seven days before it is to occur;

 requires principals to take all reasonable steps to make the relevant information 
accessible to employees with disabilities or language difficulties that may make it 
difficult for them to have access to or understand the information provided regarding 
the proposed Agreement and approval process;

 requires principals to contact employees who will be on leave during the access 
period and inform them that the relevant information is available, how it may be 
accessed, the date, time and place of the meeting to conduct the vote and the 
possibility for the employee to arrange either an alternative time to cast their vote or 
submit a vote by email; and

 sets out the steps principals need to take in meeting these requirements.

[27] The Applicant submitted that the instructions to principals regarding the scheduling of 
the vote, and communications to employees in relation to the employee ballot at school 
locations are familiar to both principals and union bargaining representatives, having been 
applied in all previous approval processes in relation to predecessor agreements.

[28] 87,257 employees are covered by the Agreement and, of these, 63,194 cast a valid vote. 
During the hearing, the Applicant submitted that this represents about a 72 per cent participation 
rate, that there is a high participation rate by reason of conducting the vote in person and that it 








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has therefore been the preferred method for the Applicant and bargaining representatives for a 
long time. The Applicant also submitted that there are 1,542 schools running to different 
schedules and timetables. The Applicant submitted that the question is what constitutes ‘all 
reasonable steps’ and, in that context, this is directing the principals to administer the vote and 
notify employees of the voting arrangements. 

[29] The Applicant referred to the matter of McDonald’s Australia Pty Ltd v Shop, 
Distributive and Allied Employees’ Association1 in which the Full Bench considered the 
following conclusion of the Commissioner at first instance:

“[56]  In conclusion, on this topic, I am not requisitely satisfied as to if and when the 
employees may have been given access, for the purposes of s.180(3) of the Act, to voting 
information on Metime (with Poster #3 being the only document which might 
reasonably be considered to provide any relevant information that would satisfy 
statutory requirements, albeit it contains what might be viewed as internally-
contradictory information). I have the evidentiary spectacle of statutory declarations 
from the same deponent providing different dates (either 3 December or 7 December 
2009) as to when information posters were said to have been accessible on Metime; and 
also now have evidence that a fourth poster was accessible on 7 December 2009. I am 
not otherwise satisfied on the improbable, hearsay evidence that “all” employees would 
have been informed by local managers of this information within the time-frames 
specified in the Act, if at all. Further, in the statement I had otherwise already accepted 
Ms Allen’s evidence that some employees were not informed about the voting 
arrangements until meetings held as late as 14 December 2009. As such, I am not 
satisfied the applicant appropriately provided information to employees for the purposes 
of s.180(3) of the Act. I would dismiss the application for that reason alone.”

[30] The appellants in McDonald’s Australia Pty Ltd v Shop, Distributive and Allied 
Employees’ Association criticised the breaking down of separate communications to employees 
to identify perceived deficiencies and submitted that the approach did not consider the essential 
task under s.180(3) of the Act, being whether the employer took reasonable steps. The Full 
Bench found:

“[25] We are generally in agreement with the submissions of the appellants. It does not 
appear to us that the approach of the Commissioner is consistent with the requirement 
in s 188 to be satisfied that the employer took reasonable steps to ensure that certain 
information was provided to employees. The Commissioner has elevated the test to 
requiring the applicants to establish in a definitive way that all employees were in fact 
informed of the matters. Further, the Commissioner has apparently disregarded some 
evidence because of some confusion over the dates of communications where the 
differences were immaterial. She has further criticised some of the evidence as hearsay. 
In matters of this nature it is often unnecessary or impractical to lead better evidence. In 
our view the Commissioner’s approach was not consistent with the Act. In not applying 
the correct test the Commissioner erred.” 

1 [2010] FWAFB 4602.








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[31] The Applicant referred to the matter of Australian Municipal, Administrative, Clerical 
and Services Union v TAB Agents Association (SA Branch) Inc,2  in which the Full Bench said:

“[12] Before turning to consider whether the employers covered by the Agreement 
complied with the above mentioned pre-approval steps, we make the observation that 
neither of ss.180(2) and (3) of the Act require the employer to do, in absolute terms, the 
things set out in those subsections. That which is required by each subsection is for the 
employer to “take all reasonable steps” to do the things required. Thus it may be, in a 
particular case, that an employer has notified some or all of the employees of the date, 
place and method of voting after the start of the access period, but on the facts of the 
particular case, the Commission might nevertheless be satisfied that the employer took 
all reasonable steps to do so by the start of the access period.”

[32] While finding that it could not be satisfied that reasonable steps were taken based on the 
material before it, specifically in relation to s.180(3) of the Act, the Full Bench found:

“As we have earlier indicated, s.180(3) of the Act does not require an employer, in 
absolute, to do that which is required by the subsection. Rather, that which is required is 
the employer to take all reasonable steps to give the relevant information to employees 
by the required time. Whether all reasonable steps were taken requires an objective 
assessment of the steps that were taken in the circumstances faced by the employer of 
the employees who are covered by the Agreement.”3

[33] The Applicant also referred to the matter of Construction, Forestry, Mining and Energy 
Union v Australian Mining Supplies Co Pty Ltd,4 in which the Full Bench said of the 
requirement in s.180(3) of the Act:

“[14] Section 180(3) requires that the employer take “all reasonable steps” to provide the 
required notification. The meaning usually assigned to that expression was discussed by 
the Full Bench in Maritime Union of Australia v Northern Stevedoring Services (albeit 
in the different context of the use of the expression in a provision of an enterprise 
agreement):

“[33] The expression “all reasonable steps”, and the case authorities concerning 
that and similar expressions  were  discussed at  length  in  the  decision  of the  
Industrial Relations Commission of NSW in Court Session Bluescope Steel Ltd 
v The Australian Workers’ Union, New South Wales ([2004] NSWIRComm 222; 
137 IR 176 at [67]-[71]). The following propositions may be derived from the 
Court’s analysis:

 reasonable steps are what a reasonable man or woman would regard as 
being reasonable steps in the circumstances which apply;

2 [2015] FWCFB 3545.
3 Ibid, [29].
4 [2017] FWCFB 2236.








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 the obligation to take “reasonable steps” depends on the particular 
circumstances existing at the time the obligation arises; and

 a requirement to take all reasonable steps does not extend to all steps that 
are reasonably open in some narrow or theoretical sense (such as, for 
example, matters not directly within the particular knowledge or 
experience of a relevant party).

[34] Additionally in Parland Pty Ltd & Ors v Mariposa Pty Ltd ([1995] TASSC 
91; (1995) 5 TASR 121 at 133) the Tasmanian Supreme Court said, in relation 
to a requirement for a party to use its best endeavours to achieve a particular 
object, that a failure to take a particular step had to be assessed by reference to 
its materiality to the failure to achieve the relevant object. The Court said: 

‘In any event quite apart from authority it would seem to me to be an 
untenable proposition that a party could be held to have failed to satisfy a 
condition requiring it to use its best endeavours in relation to an 
application because it failed to take some particular step if in fact the 
application would have been unsuccessful even had that step been 
taken.’”

[34] The Applicant submitted that what emerges from these three authorities are the 
following propositions:

 the duty to take all reasonable steps does not extend to all possible steps and the 
Secretary of the Applicant is not required to establish in a definitive way that all 
employees were, in fact, informed. The obligations is to take “all reasonable steps”;

 whether “all reasonable steps” were taken is an objective assessment taking into 
account the circumstances faced by the employer;

 the steps are looked at from the perspective of what a reasonable person would regard 
as reasonable in the circumstances; and

 it is relevant to also consider the materiality, that is, if there is some failure to take a 
step, would that have materially affected the Agreement.

[35] The Australian Principals Federation, as a bargaining representative for the Agreement 
that represents principals, further submitted that it was consulted about the voting process and 
the content of the materials that were to be disseminated to all employees and provided 
endorsement on both those matters.

[36] Based on the evidence and materials before me in this matter, and taking into account 
the circumstances of the Applicant, I consider that the Applicant, as the employer covered by 
the Agreement, took all reasonable steps to notify employees of the relevant information in 
s.180(3) by the start of the access period. I am satisfied that the requirements of s.180(3) of the 
Act have been met by the Applicant.








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Pre-approval steps – explanation of terms and effect – s.180(5)

[37] Section 180(5) of the Act provides that the employer must take all reasonable steps to 
ensure that:

(a) the terms of the agreement, and the effect of those terms, are explained to the 
relevant employees; and

(b) the explanation is provided in an appropriate manner taking into account the 
particular circumstances and needs of the relevant employees.

[38] Section 180(6) of the Act provides that, without limiting paragraph (5)(b), the following 
are examples of the kinds of employees whose circumstances and needs are to be taken into 
account for the purposes of complying with that paragraph:

(a) employees from culturally and linguistically diverse backgrounds;

(b) young employees;

(c) employees who did not have a bargaining representative for the agreement.

[39] It is declared in the Form F17 that, on 5 May 2022, the Applicant sent an email to all 
employees proposed to be covered by the Agreement including, among documents earlier 
referred to, a document explaining the terms of the Agreement. A copy of that document has 
been provided to the Commission, explains key features of the proposed Agreement and 
describes changes to the Agreement. 

[40] A further document entitled ‘Approval process and frequently asked questions’ includes 
frequently asked questions in relation to the proposed Agreement, including information in 
relation to salary increases, salary progression arrangements, classifications and career 
structures, changes to face-to-face teaching hours, consultation arrangements as well as 
staffing, attendance and leave arrangements. 

[41] Further, guidelines provided to principals explain the requirement that the Applicant 
take all reasonable steps to explain the terms of the proposed Agreement and the effect of those 
terms to employees who are covered by it and notes that the assistance of principals is required 
to make sure the Applicant satisfies this requirement. The document explains that if there are 
employees with disabilities or language difficulties that may make it difficult for them to have 
access to, or understand, the information provided regarding the proposed Agreement and 
approval process (Relevant Information), principals are required to take all reasonable steps 
to make the Relevant Information accessible to these employees. The document also requires 
principals to contact employees who will be on leave during the access period and inform them 
that the Relevant Information is available and how it may be accessed.

[42] Based on the evidence and materials before me in this matter, and taking into account 
the circumstances of the Applicant, I am satisfied that the requirements of s.180(5) of the Act 
have been met by the Applicant.






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Timing of vote – s.181(2)

[43] Section 181(2) of the Act has the effect that an employer covered by a proposed 
agreement must not request the employees employed at the time who will be covered by the 
agreement approve the agreement by voting for it until at least 21 days after the day on which 
the last notice under s.173(1) (which deals with giving notice of employee representational 
rights) in relation to the agreement is given.

[44] It is declared in the Form F17 that the notification time for the Agreement was 10 
December 2021 and that the last date that a notice of employee representational rights (NERR) 
was given to an employee who will be covered by the Agreement and is employed at the 
notification time for the Agreement was also 10 December 2020. A copy of the email to 
employees attaching the NERR and the NERR itself was provided to the Commission. This is 
well before employees were required to approve the Agreement by voting on it and I am 
satisfied that the requirements of s.181(2) of the Act have been met.

Making the agreement – ss.188(1) and 182(1)

[45] Section 188(1) of the Act requires the Commission to be satisfied that an agreement was 
made in accordance with whichever of ss.182(1) or (2) applies and that there are no other 
reasonable grounds for believing that the agreement has not been genuinely agreed to by the 
employees. 

[46] The Agreement is a single enterprise agreement so s.182(1) of the Act applies.

[47]     Section 182(1)  of the Act provides that if the employees of the employer, or 
each employer, that will be covered by a proposed single-enterprise agreement that is not 
a greenfields agreement have been asked to approve the agreement under s.181(1), the 
agreement is made when a majority of those employees who cast a valid vote approve the 
agreement.

[48]     It is declared in the Form F17 that, at the time of the vote, 87,257 employees were 
covered by the Agreement, 63,194 cast a valid vote and 39,048 voted to approve the Agreement.

[49] I am satisfied that a majority of employees who cast a valid vote voted to approve the 
Agreement and that the Agreement was made in accordance with ss.188(2) and 182(1) of the 
Act.

Other reasonable grounds – s.188(1)(c)

[50] As noted above, there are four union bargaining representatives for the Agreement who 
have filed Form F18 declarations indicating they support approval of the Agreement and do not 
want to advise the Commission that they disagree with one or more statements in the Form F17 
filed by the Applicant employer in relation to the Agreement. The Form F18A filed by Mr 
Spicer also indicates that he does not want to advise the Commission that he disagrees with one 
or more statements in the Form F17.






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[2022] FWCA 2387

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[51] Ms Usher raised concerns that the provisions of the separate Deed accompanying the 
Agreement are complex to unpack, due to the need to cross reference it to the Agreement to 
understand it, and submits that the individual consent of employees should be required to enter 
into the Deed and raises concerns about union involvement in the creation of the Deed. I have 
however considered the steps taken by the Applicant to explain the terms of the Agreement and 
its effects, including the supporting material provided to employees, and consider that it has 
taken all reasonable steps and, while I appreciate that the Deed provisions are complex, the 
bargaining representatives and other employees have not brought any submissions or evidence 
to suggest that this impacts genuine agreement and I do not consider that Ms Usher’s individual 
concerns, in themselves, impact genuine agreement.

[52] I am satisfied that there are no other reasonable grounds for believing that the Agreement 
has not been genuinely agreed to by the employees.

National Employment Standards – s.186(2)(c)

[53] Section 186(2)(c) of the Act requires the Commission to be satisfied that the terms of 
the Agreement do not contravene s.55 of the Act, which deals with the interaction between the 
National Employment Standards (NES) and enterprise agreements.

[54] I observe that certain provisions of the Agreement may be inconsistent with the NES. 

[55] In particular, clause 26(15) of the Agreement provides that an employee is entitled to 
bereavement leave on the occasion of the death of a member of the employee’s immediate 
family or household whereas s.104 of the Act provides additional circumstances in which an 
employee is entitled to paid compassionate leave. Clause 26(25) of the Agreement provides an 
exhaustive list of public holidays that employees are entitled to, however does not provide an 
entitlement to any other day or part-day declared or prescribed to be observed within a State or 
Territory. This may be inconsistent with clause s.115(1)(b) of the Act.

[56] However, clause 7(3) of the Agreement provides:

“This agreement is not intended to exclude any part of the National Employment 
Standards in so far as the Standards apply to employees, or to provide any entitlement 
which is detrimental to an employee's entitlement under the National Employment 
Standards. For the avoidance of doubt, the National Employment Standards (to the 
extent the Standards apply) prevail to the extent that any aspect of this agreement would 
otherwise be detrimental to an employee.”

[57] Noting clause 7(3) of the Agreement, I am satisfied that the more beneficial entitlements 
of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Better off overall test – s.186(2)(d)

[58] Section 186(2)(d) of the Act requires the Commission to be satisfied that the Agreement 
passes the better off overall test.






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[2022] FWCA 2387

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[59] Section 193(1) of the Act provides that an enterprise agreement that is not a greenfields 
agreement passes the better off overall test if the Commission is satisfied, as at the test time, 
that each award covered employee, and each prospective award covered employee, for the 
agreement would be better off overall if the agreement applied to the employee than if the 
relevant modern award applied to the employee.

[60] Ms Usher referred to provisions within The Victorian Secondary Teachers Association 
Agreement 1986 and raised concerns that the Agreement is regressive in comparison. Ms Usher 
addressed this concern at the hearing. Ms Usher also understood that the Educational Service 
Teachers Award 2020 was the relevant instrument for the purposes of the better off overall test 
assessment, however the Victorian Government Schools Award 2016 (MA000155) (Award) 
covers the employees covered by the Agreement and this is the instrument that I need to 
compare the Agreement to for the purposes of the better off overall test assessment. Ms Usher 
raised a concern that teachers are working an average of 52.8 hours per week with principals 
working 58.3 hours based on a report entitled “State of our school survey results” published by 
the Australian Education Union and submitted that teachers are working unpaid overtime. 
However, I have not been provided with probative evidence relevant to the assessment of the 
better off overall test that would lead me to a conclusion that the Agreement does not make 
employees better off than they would be under that Award.

[61] There are a range of benefits in the Agreement that exceed those provided for in the 
Award such as higher minimum base rates of pay, salary loading allowance (clause 20(5)), 
leave purchase allowance (clause 20(9)), position allowance (clause 20(12)), special payment 
allowance (clauses 20(1)-(4)), remote allowance (clause 20(10)), special schools allowance 
(clause 20(8)), professional practice days (clause 22(12)), redeployment and redundancy 
support provisions (clause 21(2)-(3)), additional safeguards for part-time employees (clauses 
24(10)-(12)), higher casual loading for casual education support class employees (clause 18(9)), 
additional paid annual leave (clauses 26(1)-(2)), additional carer’s leave where personal leave 
is exhausted (clauses 26(3)-(11)), additional infectious diseases leave (clause 26(14)), more 
beneficial spouse leave provisions (clause 26(22)), more beneficial parental leave provisions 
(clauses 26(17)-(20)), additional types of leave (clauses 26(16), (21), (24) and (26)-(29)), a re-
establishment allowance (clause 27) and additional superannuation entitlements for employees 
absent while on parental leave as the primary caregiver (clause 26(17)(n)).

[62] While there are differences between the Award and Agreement in some respects which 
in certain cases result in some reductions in benefits compared to the Award, I am satisfied that, 
when the terms of the Agreement as a whole are compared to the Award, the Agreement passes 
the better off overall test. 

Fairly chosen – s.186(3)

[63] Section 186(3) of the Act requires the Commission to be satisfied that the group of 
employees covered by the Agreement was fairly chosen.

[64] It is declared in the Form F17 that the Agreement covers all employees who are 
employed in the Victorian Teaching Service pursuant to Part 2.4 of the Education and Training 
Reform Act 2006 (Vic) and that this is an operationally and organisationally distinct group of 
employees.






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http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s12.html#greenfields_agreement
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[2022] FWCA 2387

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[65] I am satisfied that the group of employees covered by the Agreement was fairly chosen.

Unlawful terms – s.186(4)

[66] Section 186(4) of the Act requires the Commission to be satisfied that the Agreement 
does not include any unlawful terms. 

[67] I have considered the terms of the Agreement and am satisfied it does not include any 
unlawful terms. 

Designated outworker terms – s.186(4A)

[68] Section 186(4A) of the Act requires the Commission to be satisfied that the Agreement 
does not include any designated outworker terms.

[69] I have considered the terms of the Agreement and am satisfied it does not include any 
designated outworker terms.

Nominal expiry date – s.186(5)

[70] Section 186(5) of the Act requires the Commission to be satisfied that:

(a) the Agreement specifies a date as its nominal expiry date; and

(b) the date will not be more than 4 years after the day on which the Commission 
approves the Agreement.

[71] Clause 5 of the Agreement specifies that the Agreement’s nominal expiry date will be 
31 December 2025 and, as such, I am satisfied that the requirements of s.186(5) of the Act have 
been met.

Dispute settlement term – s.186(6)

[72] Section 186(6) of the Act requires the Commission to be satisfied that the Agreement 
includes a term:

(a) that provides a procedure that requires or allows the Commission, or another 
person who is independent of the employers, employees or employee 
organisations covered by the agreement, to settle disputes:

(i) about any matters arising under the agreement; and

(ii) in relation to the National Employment Standards; and

(b)  that allows for the representation of employees covered by the agreement for 
the purposes of that procedure.






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[2022] FWCA 2387

15

[73] The Agreement includes a term at clause 28 of the Agreement dealing with dispute 
resolution and I am satisfied that it meets the requirements in s.186(6) of the Act.

Additional requirements – s.187

[74] Section 187 of the Act sets out additional requirements that must be met before the 
Commission approves an enterprise agreement under section 186. I am satisfied that the 
requirements in s.187 as are relevant to the Agreement have been met.

Errors in the Agreement 

[75] The Applicant has identified that there are cross-referencing errors in the Agreement 
and seeks for the Commission to exercise its discretion under s.586(2) of the Act to make 
corrections to the Agreement. A description of the errors is provided below.

Agreement clause Agreement page Description of typographical error
24(5)(a)(vi) 36 The reference to ‘clause 20(8)’ should be 

‘clause 20(9)’.
24(5)(a)(vii) 36 The reference to ‘clause 20(8)’ should be 

‘clause 20(9)’.
26(1)(b) 41 The reference to ‘subclause 20(8)’ should be

‘subclause 20(9)’.
26(18)(d)(ii) 48 The reference to ‘subclause 17(c)’ should be

‘subclause (17)(c)’.
Schedule 4 (Education
support class Level 1
Range 2)

75 (text line 5) The reference to ‘clause 2.6.1’ should be 
‘section 2.4.1’.

Schedule 4, Education
support class Level 1
Range 3

79 (text line 6) The reference to ‘clause 2.6.1’ should be 
‘section 2.4.1’.

[76] It is apparent to me that the errors identified by the Applicant are typographical cross-
referencing errors and no party raised a different view during the hearing or raised a concern 
with the Applicant’s proposal that I make the amendments. 

[77] However, in Advantaged Care Pty Ltd v Health Services Union,5 a Full Bench of the 
Commission considered the power in s.602 of the Act for the Commission to correct an error 
in relation to its decisions, finding it could not be exercised to correct an error in an enterprise 
agreement.  While the decision dealt with s.602 of the Act and not s.586, having considered the 
principles in the Full Bench decision, I have decided not to correct the errors in the Agreement 
pursuant to s.586 of the Act in the manner sought by the Applicant. The Full Bench in 
Advantaged Care Pty Ltd v Health Services Union did however state:

“[47] Further, as the Deputy President observes, in circumstances of obvious error, defect 
or irregularity, the FW Act provides other means for rectification.  Any ‘obvious error, 
defect or irregularity’ may be addressed by a variation of the agreement approved by a 

5 [2021] FWCFB 453.






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[2022] FWCA 2387

16

majority of the affected employees, in accordance with s.210 or by the Commission 
varying the agreement to remove an ambiguity or uncertainty, pursuant to s.217.”

[78] A party is at liberty to apply for a variation pursuant to ss.210 or 217 of the Act, however 
I note that, for the purposes of this application, I am able to discern the intention of the clauses 
and the errors do not impact my assessment of the Agreement.

Employee bargaining representative concerns

[79] A Form F18A declaration was filed by Mr Spicer, a bargaining representative for a 
group of five principals. The Form F18A declaration indicates that Mr Spicer does not wish to 
advise the Commission that the employees he represents disagree with one or more statements 
in the Form F17. The response to question 4 of the Form F18A does however indicate that Mr 
Spicer and the employees he represents do not support approval of the Agreement and raises a 
number of concerns.

[80] By way of summary, these concerns relate to Agreement content, suggest some changes 
to the Agreement and express the concern that the increases in the Agreement undervalue the 
work of teachers and that a higher increase is needed considering rises in the cost of living. Mr 
Spicer addressed each of the concerns raised at the hearing. I have considered each of these 
concerns and do not consider that they raise matters that would impact my assessment of the 
better off overall test or the balance of considerations that I am required to have regard to under 
the Act in deciding whether or not to approve the Agreement. 

Other employee concerns

[81] Ms Usher raised other concerns in her written submissions during the hearing. Among 
these were concerns about the impacts of COVID-19, staff shortages in the industry impacting 
workloads, levels of supervision, a need to take on extra work in addition to additional 
responsibilities, staff turnover due to challenges faced and alleged underpayment. While I am 
sympathetic to the challenges that may be facing the sector, these concerns are not relevant to 
the specific considerations that I need to take into account under the Act.

[82] Ms Usher also makes a number of recommendations including suggested amendments 
to the Agreement. Ms Usher proposes that a consultative teacher and principal committee 
comprised of union and non-union members be convened to propose amendments and 
adjustments to the Agreement. As noted above, Mr Spicer also made comments about the 
Agreement content and suggestions about how it could be changed. However, I note that, as the 
Agreement has been made and agreed by a majority of employees who cast an eligible vote, I 
am unable to amend it and, if the requirements of the Act are met in relation to its approval, I 
must approve the Agreement. 
  
[83] The Commission did receive a small number of further emails in relation to the 
application raising various concerns, which is unsurprising given the number of people covered 
by the Agreement and that among those employees are those who do not support the Agreement. 
Employees who raised these concerns prior to hearing were provided with the opportunity to 
be heard in relation to this matter however, as I have noted, only Ms Usher appeared at the 
hearing.








[2022] FWCA 2387

17

[84] By way of summary, among the emails received by the Commission, concerns of the 
following nature were raised:

 concerns that the Agreement was negotiated before rates of inflation became higher 
and before the Commission’s annual minimum wage review;

 concerns that the process of voting was flawed, however there is no supporting 
evidence accompanying these concerns;

 concerns about the conduct of the union that the Agreement was not explained or 
understood; and

 a general belief that the Agreement is not fair.

[85] I have considered these emails however there is no supporting evidence before the 
Commission accompanying the general description of the concerns or information that would 
lead me to a different conclusion in relation to the considerations I am required to have regard 
to under the Act. Further, many of these concerns do not relate to the specific considerations 
that I am required to take into account under the Act.

Conclusion 

[86] On the basis of the materials before the Commission, I am satisfied that each of the 
requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval 
of the Agreement have been met.

[87] The Australian Education Union, the Australian Principals Federation, the CPSU, 
Community and Public Sector Union and the Australian Nursing and Midwifery Federation, 
being bargaining representatives for the Agreement, have given notice under s.183 of the Act 
that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that 
the Agreement covers the organisations. 

[88] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
25 July 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER


E FAIR F THE FAIR WORK COMME NOIS THE SEAL




 



[2022] FWCA 2387

18

Appearances:

Mr H Howard of Counsel for the Applicant, instructed by Ms L Connor of MinterEllison.
Mr M McIver and Mr J Mullaly for the Australian Education Union.
Ms M Baldini and Ms N Brown for the Australian Nursing and Midwifery Federation.
Ms T King for the Australian Principals Federation.
Mr D Anthony for the CPSU, the Community and Public Sector Union.
Mr C Spicer on his own behalf.
Ms C Usher on her own behalf.

Hearing details:

2022.
Sydney (by Video using Microsoft Teams).
July 5.

Printed by authority of the Commonwealth Government Printer

AE516696  PR743843








1   

 

Victorian Government Schools Agreement 2022 

Acknowledgement of Country  

This agreement was written on the land of the Wurundjeri people of the Kulin Nation and includes the 
voices and contributions of First Nations educators from Nations across Australia. We acknowledge 
and pay our respects to all Aboriginal and Torres Strait Islander peoples and Traditional Custodians 
throughout Victoria, including Elders past, present, and emerging First Nations leaders. 

Title 

1 This agreement will be known as the Victorian Government Schools Agreement 2022.  

Arrangement  

2 This agreement is arranged as follows: 

SUBJECT CLAUSE 

Abandonment 34 

Allowances 20 

Arrangement 2 

Attendance 24 

Class Size 25 

Classification Structure 13 - 18 

Commitments 10 

Consultation – Major Change and Changes to Regular Rosters and Ordinary Hours of Work 29 

Date and Period of Operation 5 

Definitions 6 

Dispute Resolution Procedures 28 

Electronic Communications 30 

Excessive or Unreasonable Work 23 

Flexible Work  31 

Incidence and Parties Bound 3 

Individual Flexibility Arrangement 32 

Industrial Relations Principles 11 

Leave 26 

No Further Claims 4 

Notice of Termination 35 

Objectives 9 

Preamble 7 - 8 

Reimbursement of Expenses 27 

Salary Packaging 19 

School Based Consultation 12 

Staffing 21 

Supported Wage 33 








2   

 

Teacher Work 22 

Title 1 

Schedule 1 Salaries 

Schedule 2 Roles and Responsibilities – Teacher Class 

Schedule 3 Roles and Responsibilities – Nurse 

Schedule 4 Dimensions of Work – Education Support Class 

Schedule 5 Unsatisfactory Performance Procedures 

Schedule 6 Supported Wage 

Incidence and Parties Bound  

3 This agreement will apply to and be binding upon: 

• the State of Victoria; 

• all persons employed in the Victorian Teaching Service; and 

• any union noted by the Fair Work Commission in its decision to approve the agreement.  

No Further Claims 

4 This agreement is made in settlement of all claims arising from the Unions’ logs of claims.  There 
will be no further claims made or industrial action taken on matters within this agreement during 
the term of the agreement with no further salary increases, if any, before 31 December 2025. Any 
deed that is agreed under clauses 22(4)(b)(iv), 22(5)(b)(ii) and/or 22(7)(c)(ii) does not constitute a 
further claim for the purposes of this clause. 

Date and Period of Operation 

5 This agreement will commence to operate on the seventh day after the date of the notice from 
the Fair Work Commission notifying that the agreement has been approved and its nominal expiry 
date will be 31 December 2025.  

Definitions 

6 In this agreement: 

"assistant principal" means a person occupying, or for the time being performing the duties 
of, the position of assistant principal of a government school; 

“classroom teacher” means a person employed in the Victorian Teaching Service for teaching 
in a government school but does not include a teacher’s aide or teacher’s assistant; 

“domestic partner" of an employee means a person to whom the employee is not married but 
with whom the employee is living as a couple on a genuine domestic basis (irrespective of 
gender); 

“education support class employee” means a person employed in the education support class 
in the Victorian Teaching Service;  

“employee” means a person covered by this agreement and employed under Part 2.4 of the 
Education and Training Reform Act 2006 (Vic);  

“executive class” means a person employed in the executive class created within the Victorian 
Teaching Service;  

“Employer" means the Secretary to the Victorian Department of Education and Training or its 
successor or any person nominated to act on the Secretary’s behalf; 








3   

 

“enrolment” means, for the purpose of this agreement, the enrolment predictions of the 
Employer using a methodology agreed between the Employer and the relevant Union(s); 

“face-to-face teaching” in relation to a particular teacher means regular timetabled teaching 
sessions in a documented course of study approved by the Employer for which the teacher 
has primary responsibility for educational delivery and includes sessions of direct student 
instruction timetabled or required by the Employer for curricular or pastoral functions 
involving student supervision, student counselling and consultation; 

“fixed term employee” means a person covered by this agreement and employed under Part 
2.4 of the Education and Training Reform Act 2006 (Vic) with a date fixed for the conclusion of 
that employment; 

"government school" means any school established and conducted under Part 2.2 of the 
Education and Training Reform Act 2006 (Vic);  

“leading teacher” means a teacher occupying, or for the time being performing the duties of, 
a leading teacher position in the Victorian Teaching Service; 

“learning specialist” means a teacher occupying, or for the time being performing the duties 
of, a learning specialist position in the Victorian Teaching Service;  

“liaison principal” means a person employed in the principal class under Division 3 of Part 2.4 
the Education and Training Reform Act 2006 (Vic) other than a principal or assistant principal; 

“ongoing employee” means a person covered by this agreement and employed under Part 2.4 
of the Education and Training Reform Act 2006 (Vic) with no date fixed for the conclusion of 
that employment; 

“paraprofessional” means a person who has not completed an approved course of teacher 
training who has been granted permission to teach under the Education and Training Reform 
Act 2006 (Vic), and who performs the duties of a teacher or any other person employed to 
assist teachers in the performance of their duties.  Where this agreement makes provision for 
and in respect of a teacher the provision will, unless inconsistent, apply to a paraprofessional; 

"principal" means a person occupying, or for the time being performing the duties of, the 
position of principal of a government school; 

"promotion" means the permanent movement of an ongoing employee from one position to 
another position in the Victorian Teaching Service with a higher attainable maximum salary; 

"Schedules" means the Schedules to this agreement; 

“special payment” means any payment in the nature of an allowance or incentive as provided 
for by clauses 20(1)-(4); 

"spouse” of an employee means a person to whom the employee is married or a domestic 
partner; 

“staff” means any person covered by this agreement who is employed within a Victorian 
government school; 

"teacher" means a classroom teacher, leading teacher or learning specialist employed in the 
Victorian Teaching Service and, where relevant, a paraprofessional; 

"transfer" means the permanent movement of an ongoing employee from one position to 
another position in the Victorian Teaching Service with the same or lower attainable 
maximum salary; 

“union(s)” means any union noted by the Fair Work Commission in its decision to approve this 
agreement; 








4   

 

“Victorian Teaching Service” means the Teaching Service established in accordance with Part 
2.4 of the Education and Training Reform Act 2006 (Vic). 

Preamble 

7 (1) This agreement between the State of Victoria (Department of Education and Training), the 
employees covered by this agreement and the union(s) is made to enhance the employment 
interests of persons employed in Victorian government schools consistent with the Victorian 
Government’s commitment to a high-quality, universally accessible public education system. 

(2) The overall impact of the agreement will be monitored through the life of the agreement in 
terms of any unintended outcomes.  This agreement may be amended in accordance with the 
requirements of the Fair Work Act 2009 (Cth). 

(3) This agreement is not intended to exclude any part of the National Employment Standards in 
so far as the Standards apply to employees, or to provide any entitlement which is detrimental 
to an employee's entitlement under the National Employment Standards.  For the avoidance 
of doubt, the National Employment Standards (to the extent the Standards apply) prevail to 
the extent that any aspect of this agreement would otherwise be detrimental to an employee.  

(4) For the purposes of this agreement, in relation to employees who are employed in non-school 
work locations, references to 'the principal' are to be read as references to 'the Regional 
Director', and references to 'school' are to be read as references to ‘non-school work location' 

8 (1) The parties agree that the following salary increases will be payable to employees with effect 
from the first pay period commencing on or after the dates indicated: 

1 January 2022 1.0% 

1 July 2022 1.0% 

1 January 2023 1.0% 

1 July 2023 1.0% 

1 January 2024 1.0% 

1 July 2024 1.0% 

1 January 2025 1.0% 

1 July 2025 1.0%  

(2) The parties agree that the structural adjustments set out in the column of each table in 
schedule 1 titled '24/12/21' will be payable to employees with effect from the first pay period 
commencing on or after 24 December 2021.  

Objectives  

9 The objectives of this agreement are to facilitate: 

(1) An ethos and a culture that values excellence and high standards of achievement and ensures 
the highest standards of work including the quality of teaching and learning. 

(2) The development and implementation of policies and employment arrangements that best 
supports the delivery of high quality educational programs. 

(3) The implementation of strategies that address attraction and retention issues including the 
capacity to offer differential benefits to attract and retain staff in rural and regional Victoria 
and hard to staff schools. 

(4) The flexibility required by schools, operating within a state-wide framework and consistent 
with this agreement, to deliver improved educational outcomes. 








5   

 

(5) Highly effective leadership and support to principals as key educational leaders. 

(6)  That employees have the opportunity to perform all of their duties within a reasonable 
timeframe and have fair and reasonable conditions. 

Commitments  

10 Increasing the educational attainment of all Victorian children requires a commitment by the 
Employer to support employees to fulfil their responsibilities in the professional contexts in which 
they work.  This requires all employees to maintain the currency of their knowledge base in order 
to adapt to meet the diverse nature of the student cohorts who attend government schools.  
Therefore the parties bound to the agreement are committed to the following: 

(1) Building on the achievements of the Victorian government school system. 

(2) System and school reform that leads to an improvement in the educational opportunities and 
outcomes for all young Victorians. 

(3) An education system that deploys and maximises its resources to benefit all young Victorians. 

(4) A policy and funding environment that recognises the differential needs of students and 
schools in order to achieve high quality outcomes for all students. 

(5) Principals using their devolved authority to effectively manage, develop and support their 
workforce to ensure that the quality of their work continues to improve and impacts 
positively on the attainment of their students. 

(6) Performance and development processes that recognise and affirm high performance, 
address underperformance and value continuous high quality professional learning. 

(7) Collaboration, peer observation, coaching, planning, preparation, and assessment as key 
elements of professional practice.  

(8) The parties recognise that employees sometimes face situations of work-related violence, 
sexual harassment and gendered violence that may affect their attendance or performance 
at work. The parties are committed to creating and maintaining positive school climates that 
are safe, healthy and inclusive places for learning and work.   

(9) The parties recognise that Aboriginal and/or Torres Strait Islander employees may experience 
racism and environments that are culturally unsafe. The parties are committed to eliminating 
racism from schools and creating inclusive workplaces including the provision of ongoing 
cultural awareness training in all workplaces. 

(10) The parties recognise that communications that create an expectation that employees work 
beyond their normal hours may have an adverse effect on the wellbeing of employees.  The 
parties are committed to working together to create and maintain an environment that 
enables employees to perform their duties at reasonable times of the working day. 

(11) The parties agree that the Employer may amend the policies and procedures referred to in 
clauses 13(3)(e), 21(3)(b), 21(3)(c) and 30, and the Employer undertakes to consult with the 
union(s) in relation to any such amendments.  

Industrial Relations Principles 

11 The parties commit themselves to the following industrial relations principles: 

(1) Cooperative and consultative relationships between management, employees and the 
union(s). 

(2) Management, employee and union relationships based on mutual respect, trust and 
preparedness to consider alternative viewpoints. 








6   

 

(3) Negotiations involving a mutual problem-solving approach focusing on long term gains for all 
parties. 

(4) To work within a progressive industrial relations culture to create a system of highly effective 
schools with effective workplace practices. 

(5) Recognition of an appropriate role for workplace representatives (including sub branch 
representatives if one exists at the school) to provide representatives with an opportunity to 
participate in the Employer’s induction process at the school such that those employees can 
be made aware of the role of the union and their right to join the union, and the terms and 
conditions contained in this agreement. 

(6) Maintaining secure employment arrangements and eliminating forms of precarious work 
arrangements. 

School Based Consultation  

12 (1) Staff morale and employee job satisfaction are enhanced where the views of employees are 
taken into account before decisions are made.  Consultative arrangements will be established 
that ensure the principal’s responsibility, as the Employer’s representative, to make school-
based decisions is carried out in a framework that enables staff to have input into the decisions 
that affect their working life, including changes that impact their workload.   

(2) The principal, as the Employer’s representative, has ultimate administrative and operational 
responsibility for decisions at the school, provided that these decisions are made in 
accordance with the consultation principles outlined below. 

(3) For the purpose of this clause the parties adopt the following comments made by Smith C. in 
CPSU, the Community and Public Sector Union v Vodafone Network Pty Ltd (Print PR911257) 

‘Consultation is not perfunctory advice on what is about to happen. This is common 
misconception. Consultation is providing the individual, or other relevant persons, with a 
bona fide opportunity to influence the decision maker… Consultation is not joint decision-
making or even a negative or frustrating barrier to the prerogative of management to make 
decisions. Consultation allows the decision making process to be informed, particularly as it 
may affect the employment prospects of individuals.’ 

(4) (a) (i) The principal, as the Employer’s representative, must put in place formal staff 
consultative arrangements that ensure school staff have the choice and opportunity 
to be involved in the consultative process in the school.  The consultative 
arrangements must allow for the representation of employees for the purposes of 
consultation and the input of the union sub branch, if one exists at the school. 

(ii) The consultative arrangements must be agreed at the school no later than 1 
September to commence from term 4 for the following twelve months. 

(iii) As a minimum the agreed consultative arrangements will include the following: 

• the consultative structure; 

• the operational procedures including the chair, and schedule of meetings; 

• the arrangements to enable committee members (where the structure involves 
a committee) the opportunity and time to canvass views in their school  

• time release for one union nominee to enable consultation with the union sub 
branch, which must not be less than provided in subclause (4)(d)(iii); 

• the treatment of confidential material as it relates to employees of the school; 
and  








7   

 

• the method of recording and communicating decisions to staff. 

(b) Each school will report to the Employer whether consultative arrangements have been 
agreed under subclause (a). 

(c) Where a school reports that consultative arrangements have not been agreed, the 
matter will be considered by a nominee of the Employer and a nominee of the union(s) 
who will determine whether, in the particular circumstances, agreed arrangements can 
be implemented or the arrangements set out in subclause (d) are to apply.  

(d) Where it is determined under subclause (c) that agreed consultative arrangements 
cannot be implemented in any particular school the following consultative arrangements 
will apply from the commencement of term 4: 

(i) A consultative committee will be established for the purposes of subclauses (5) and 
(6) comprising: 

• the principal, as the Employer’s representative; 

• two nominees of the principal or in the case of a multi campus school one 
nominee of the principal from each campus; 

• two staff members elected by and from the total staff or in the case of a multi 
campus school one staff member from each campus; 

• one union nominee determined by the union(s) at the school or in the case of a 
multi campus school one union nominee from each campus; 

provided that in schools with ten or fewer staff all staff will comprise the consultative 
committee.  

(ii) The consultative committee established under subclause (i) will provide final 
advice/recommendations to the principal prior to the principal, as the Employer’s 
representative, making decisions on matters covered by subclause (5). 

(iii) The consultative committee established under subclause (i) will operate as follows: 

• The term of office of committee members will be twelve months; 

• The consultative committee will be chaired by the principal, as the Employer’s 
representative; 

• The consultative committee will meet at least four times per term at no more 
than fortnightly intervals; 

• Consultative committee meetings will be scheduled within the normal 
attendance times, without disruption to the school program, and enable all 
members to attend; 

• The consultative committee meeting agenda will be emailed to members of the 
committee at least three days prior to the meeting and urgent/late items may 
be considered unless opposed by the majority of the committee; 

• The consultative committee will discuss the matters listed in clause (5); 

• When confidential matters are discussed by the committee, all members of the 
committee are bound by that confidentiality; 

• A record of each meeting of the consultative committee will be kept. The record 
will contain decisions made and any recommendations/advice contrary to the 
decision; 








8   

 

• Thirty hours' time release commencing from term 4 for the following twelve 
months for one union nominee to enable consultation with the union sub 
branch; 

• The decisions and/or recommendation(s) of consultative committee meetings 
will be recorded in writing and communicated to staff. 

(iv) Where a principal makes a decision which is inconsistent with the 
advice/recommendation (if a recommendation is made) of the consultative 
committee, the principal will provide reasons for the decision in writing to the 
committee members within 5 working days.  

(v) Where a principal makes a decision which is inconsistent with the 
advice/recommendation (if a recommendation is made) of the consultative 
committee, the decision will not be implemented until the reasons for the decision 
have been communicated in writing to the committee members in accordance with 
subclause 4(d)(iv). 

(5) (a) For the purposes of this clause: 

“long-term planning” means: 

- development of workforce plans; 

- the planning and organisation of the program of instruction in the school 
(including the timetable and allocation of allotments and classes, transition 
arrangements, and any changes to school programs, including avoiding grade 
splitting where possible); 

- organisation of teacher work consistent with clause 22, including time in lieu for 
activities as set out in clause 24; 

- organisational duties, including the allocation of time release and/or an 
allowance for the duty as set out in clause 22(11); 

- organisation of education support class work, including time in lieu for any work 
required outside the ordinary hours of work consistent with clause 24(9) and 
time to participate in the performance and development process; 

- organisation of teacher work in their first twelve months of teaching; 

- the recognition of the work performed by an Aboriginal and/or Torres Strait 
Islander employee associated with a cultural responsibility; 

- the schedule of meetings occurring in addition to the seven hours attendance 
requirement set out in clause 24(3)(a); 

- organisation of classes including class sizes.  In determining class sizes, staff or 
the union at the school may provide the principal, as the Employer’s 
representative, with alternatives and, following consultation, staff or the union 
at the school may request that the principal provide reasons in circumstances 
where the principal, as the Employer’s representative, determines class sizes in 
excess of the planning guidance set out in clause 25(3); 

- the structure of selection and other panels for the purpose of making 
recommendations to the principal; 

- the process for access to external professional development opportunities. 

“workforce plan” means a document setting out the projected staffing needs of a school 
having regard to factors such as the education program of the school, predicted 








9   

 

enrolment increase or decrease, predicted staff absences due to leave or other reasons 
and any predicted departures of existing staff and the consequent mix of ongoing and 
fixed term teaching and non-teaching staff and the number of fixed term employees 
eligible for translation to ongoing employment in accordance with clauses 21(2)(f) to (h).  

(b) Following receipt of the indicative school student resource package the principal, as the 
Employer’s representative, is to use the consultation arrangements set out in subclause 
(4) in making decisions about matters related to the long-term planning for the following 
school year, including the workload impact, if any, of proposed changes. 

(c) As far as is practicable the principal, as the Employer’s representative, will determine the 
matters related to the long-term planning for the following school year as early as 
possible in term 4 and provide staff with a copy of those decisions in writing by the end 
of the last week in November. 

(d) Any variations to long term planning decisions made under subclause (5)(c) must occur 
in accordance with the consultation provisions set out in subclause (4). 

(6) As part of the consultative arrangements the principal, as the Employer’s representative, will 
ensure that workforce planning information is available to staff to allow informed 
consultation to occur.  Subject to complying with the requirements of the Privacy and Data 
Protection Act (Vic) 2014 such information should include: 

- school strategic plan (or its equivalent); 

- high level school student resource package data.  This requirement is satisfied where 
the following documents (or their successors) are provided: SRP Indicative 
Allocations, Management Report generated by the SRP Planner and SRP Confirmed 
Allocations; and 

- anticipated enrolments and staff movements. 

For the avoidance of doubt, this clause does not require the principal, as the Employer’s 
representative, to provide individual employee information (other than an employee’s name 
and teaching method). 

(7) Assistant principals will be consulted in accordance with the school based consultative 
arrangements set out in sub-clauses (1) to (6). 

Grievance Resolution 

(8) (a) Where the union at the school does not support a decision made under subclause (5)(c), 
the union at the school should inform the principal, as the Employer’s representative, not 
later than five working days after the principal’s decision of its objections, including the 
reasons for those objections, and provide the principal, as the Employer’s representative, 
with the opportunity to resolve the matter at the school.   

(b) Where the notification requirements of subclause (5)(c) have been met a grievance on 
the long-term planning cannot be lodged any later than the time frame set out in 
subclause (a).   

(c) Notwithstanding subclauses (a) and (b), where a principal, as the Employer’s 
representative, varies any decision made under subclause (5)(c) in the following school 
year or where the notification requirements of subclause (5)(c) have not been met a 
grievance on the long-term planning may be lodged no later than five working days after 
the principal’s decision has been communicated to staff. 

(9) Where the union at the school considers that the matter cannot be resolved at the school 
the union at the school should inform the principal, as the Employer’s representative, and 








10   

 

may refer the matter to the union within five working days of that notification. 

(10) Where the union considers that the grievance cannot be resolved at the school it may refer 
the grievance to the Employer for resolution.  In lodging a grievance the union is to ensure 
the following information is provided to the Employer: 

- clear statement of the subject of the grievance 

- where the union has a sub-branch at the school, evidence that the sub-branch 
at the school has supported the lodging of the grievance 

- reasons why the decision is not supported and, if applicable, the reasons why 
the decision is inconsistent with this agreement 

- the outcome sought by the union at the school. 

(11) Where a grievance relating to a decision affecting the long-term planning of the school is 
lodged, the decision is not to be implemented and a mutually acceptable holding position 
should be worked out by agreement between the parties to the grievance.  Any such 
holding position will be evidence of good faith only and will be without prejudice to the 
resolution of the dispute. 

(12) The parties agree that one nominee of the Employer and one nominee of the union will 
consider the grievance referred by the union and determine a resolution that will be 
binding on all parties at the school.  As far as is practicable the matter will be determined 
within ten working days of receiving a reference from the union. 

(13) Where the matter cannot be resolved, the matter may be referred by either party to 
the Fair Work Commission for conciliation and, if the matter is still not resolved, 
arbitration. 

Consultation at Non School Work Locations 

(14) (a) Regional Directors, as the Employer’s representative, must put in place formal staff 
consultative arrangements that ensure regional teaching service staff (including visiting 
teachers and Koorie Education Support Officers) have the choice and opportunity to be 
involved in the consultative process in the region. 

(b) The Regional Director, as the Employer’s representative, has ultimate administrative 
and operational responsibility for decisions at the relevant workplaces, provided that 
these decisions are made consistent with the consultation requirements outlined in 
clauses 12(1) to 12(7).  For the purposes of this subclause (14)(b), references in clauses 
12(1) to 12(7) to 'the principal' are to be read as references to 'the Regional Director', 
and references to 'school' are to be read as references to 'regional work location'. 

(15) (a) Where the union at the work location does not support a decision made under 
subclause (14), the union at the work location should inform the Regional Director of 
that Region, as the Employer’s representative, not later than five working days after the 
decision made under subclause (14) of its objections, including the reasons for those 
objections, and provide the Regional Director, as the Employer’s representative, with 
the opportunity to resolve the matter at the work location. 

(b) Where the union at the work location considers that the matter cannot be resolved at 
the work location the union at the work location should inform the Regional Director, 
as the Employer’s representative, and may refer the matter to the union within five 
working days of that notification for resolution using the procedures set out in 
subclauses 12(10) to 12(13). For the purposes of this subclause (15)(b), references in 
subclauses 12(10) to 12(13) to 'the principal' are to be read as references to 'the 
Regional Director', and references to 'school' are to be read as references to 'regional 








11   

 

work location'. 

 

Principal Consultation  

(16) (a) Consistent with clause 12(3), where the Employer proposes to introduce a change that 
may impact the workload required of principals, the Employer will consult with 
principals and their union(s) about that change, and its impact on workload and give 
consideration to matters raised by principals and their union(s) prior to the decision to 
implement any change.  

(b) For the purpose of consultation under subclause (16)(a) the employer will provide the 
relevant employees and their union(s) with information, in writing, about the nature of 
the change and the expected effects of the change on the employees and their 
workload. 

Major change or change to regular rosters and ordinary hours of work 

(17) The provisions of clause 12 do not apply to consultation in relation to major workplace 
changes that are likely to have a significant effect on employees, or changes to regular 
rosters or ordinary hours of work of employees, to which the provisions of clause 29 
instead apply. For the avoidance of doubt the expression “regular roster” does not 
include school timetables. 

Classification Structure 

13 (1) (a) The classification structure in Victorian government schools will be as follows: 

Executive Class 

Principal Class 

• principal 

• assistant principal 

• liaison principal 

Teacher Class 

• leading teacher  

• learning specialist 

• classroom teacher 

Paraprofessional Class 

Education Support Class 

(b) Relevant data in relation to the number of leading teacher and learning specialist 
employees will be provided to the union on a quarterly basis. 

(2) Movement from any classification level to any higher classification level will be by 
promotion. 

Performance and development 

(3) (a) Each employee will have an agreed performance and development plan and in the 
absence of an agreed plan the employee’s performance will be assessed against 
demonstrated achievement against school priorities and Departmental criteria 
appropriate to the employee’s classification level and remuneration or salary range.  
The performance and development plan will cover the school year unless otherwise 








12   

 

agreed with the employee and a performance review will be undertaken at the end of 
each school year. 

(b) Salary progression is not automatic.  All employees will be assessed annually based on 
demonstrated achievement against school priorities and Departmental criteria 
appropriate to each classification level and remuneration or salary range.  Relevant 
data will be used. 

(c) The salary progression cycle is common to all employees commencing on 1 May each 
year and concluding on 30 April in the following year.   

(d) The number of eligible employees who progress through their respective salary scales 
will be determined solely on the basis of their performance and development 
assessment and the Employer will not impose a quota on the number of employees 
who can progress in any year. Notwithstanding subclause (g), no lump sum payment 
will be made to any employee as a result of the performance and development 
assessment.  

(e) Employees, other than those in the principal class, may be considered for accelerated 
salary progression within their school in accordance with procedures determined by 
the Employer.  

(f) Notwithstanding subclauses (h) and (i), an employee with less than six months’ eligible 
service at a particular salary subdivision in any particular progression cycle will not be 
eligible for salary progression.  For teachers approved teaching experience gained 
whilst absent on leave without pay is included as eligible service in any particular 
progression cycle.  

(g) A teacher who commences employment at subdivision 1-1 prior to 1 May in any year 
will be paid a lump sum on progression to subdivision 1-2 in the following year as set 
out below: 

 

Commencement 
on or before 

Lump sum payment 

2022 2023 2024 2025 

1 November $0 $0 $0 $0 

1 December $883 $842 $859 $876 

1 January $662 $675 $688 $702 

1 February $496 $506 $516 $527 

1 March $331 $337 $344 $351 

1 April $165 $169 $172 $176 

 

(h) For employees, other than those in the principal class, where the requirements for 
salary progression are not met, salary progression will not occur for that progression 
cycle provided that the employee has been: 

(i) notified in writing of: 

• the standards of performance that are expected; 

• the areas of the employee’s performance that do not meet the required 
standards;  








13   

 

• the consequences of continued or repeated failure to meet these 
standards; and 

(ii) given the opportunity to enable improvement in performance to the required 
standard. 

(i) If the notice under subclause (h)(i) is issued on or after 1 March salary progression in 
that cycle must be granted. 

(j) (i) When it is considered that an employee’s performance is unsatisfactory, the 
unsatisfactory performance procedures set out in Schedule 5 should be 
implemented.   

(ii) Subject to the notice requirements set out in subclauses (h) and (i), and 
notwithstanding clauses 15(3), 16(4), 17(3) and 18(3), an employee is not 
eligible for salary progression during any period that an employee is the subject 
of unsatisfactory performance procedures.  

(k) The Employer undertakes that the existing performance and development process will 
continue to apply for salary progression purposes and the Employer will consult the 
union(s) regarding the development of any new performance and development 
process. 

(4) An employee promoted, transferred or employed to a position will be paid from the 
effective date of the promotion, transfer or employment as the case may be.  Provided that 
if an employee changes their time fraction, other than by promotion, transfer or 
employment the change in proportionate salary will commence from the date of effect of 
the changed time fraction. 

(5) The Employer may determine the salary of any employee for whose circumstances no 
provision is made. 

Translation  

(6) (a) On the date this agreement commences to operate, education support class employees 
at level 1 ranges 1 and 2 (other than those employees at range 1 who are participating 
in formal trainee or cadetship programs or targeted employment programs), will 
translate to the revised education support class classifications as follows: 

Classification & subdivision 
prior to agreement 

commencement 

Classification & subdivision 
on agreement 

commencement 

Range 2 Range 2 

2-5 2-8 

2-4 2-7 

2-3 2-6 

2-2 2-5 

2-1 2-4 

Range 1  

1-5 2-3 

1-4 2-2 

1-3 2-1 








14   

 

1-2 2-1 

1-1 2-1 

 

(b) Education support class employees at range 1 who are participating in formal trainee 
or cadetship programs or targeted employment programs will translate to the revised 
education support class classifications as follows: 

Classification & subdivision 
prior to agreement 

commencement 

Classification & subdivision 
on agreement 

commencement 

Range 1 Range 1 

1-2 1-2 

1-1 1-1 

 

Executive Class  

14 Persons employed within the executive class in the Victorian Teaching Service have coverage 
under this agreement with their terms and conditions set by contract.  

Principal Class  

15 (1) (a) The principal class will comprise the following classifications: 

(i) One classification of principal with five salary ranges as follows: 

− range 6 

− range 5 

− range 4 

− range 3 

− range 2 

(ii) One classification of assistant principal with four salary ranges as follows: 

− range 4 

− range 3 

− range 2 

− range 1 

(iii) One classification of liaison principal with six salary ranges as follows: 

− range 6 

− range 5 

− range 4 

− range 3 

− range 2 

− range 1 

(b) The salary range for each principal position will be determined by the Employer but 








15   

 

will not be less than the salary range determined by the school budget in each of the 
next four years based on the following budget parameters: 

 

Salary 

range 

Minimum School Budget 

2022 2023 2024 2025 

2 $0 $0 $0 $0 

3 $1,584,175 $1,615,859 $1,648,176 $1,681,139 

4 $3,696,412 $3,770,340 $3,845,747 $3,922,662 

5 $9,200,402 $9,384,410 $9,572,098 $9,763,540 

6 $14,630,616 $14,923,228 $15,221,693 $15,526,127 

 

For the purposes of the table above, “school budget” means the individual school 
Student Resource Package (SRP) excluding: 

- the Department’s superannuation contribution 

- WorkCover premium 

- Commonwealth funds that cannot be anticipated to continue for more than 
two years 

- Locally raised funds. 

(c) Principal class employees other than members of a defined benefit scheme will be 
paid the salary specified in Schedule 1 for their salary range.   

(d) Principal class employees who are members of a defined benefit scheme will be paid 
total remuneration calculated in accordance with the following formula  

Salary as determined by subclause (c) x 109.5 

100 

For the purposes of this subclause “total remuneration” includes cash salary, the 
amount paid by the Employer as the employer contribution to a statutory 
superannuation fund or other complying superannuation fund on behalf of the 
employee and any optional benefits the employee may have elected to include in the 
remuneration package such as a novated lease vehicle. 

Commencement salary on employment 

(2) Unless otherwise determined by the Employer, a principal class employee will commence 
employment at the minimum salary as set out in Schedule 1 for the salary range that was 
advertised. 

Salary review 

(3) (a) (i) The salary range of a principal will be reviewed each year in the context of any 
changes to the school budget (including consideration of budgets of co-located 
services). 

(ii) A salary review under sub-clause (a)(i) may result in: 

- movement to a higher or lower salary range; or 
- no change, 








16   

 

provided that a principal cannot be moved to a salary range lower than the salary 
range determined on appointment to that position. 

(b) (i) Separate to any review under subclause (a), a principal class employee may 
request, or the Employer may initiate, a review of a principal class employee’s 
salary.  Any such request must be in writing. 

(ii) A review arising under subclause (i) will be conducted in the context of any 
changes to the work value of the position and the performance of the principal 
class employee and where practicable the principal class employee will be 
advised of the outcome of the review within 28 days of the request or initiation 
of the review. 

(iii) A review under subclause (i) may result in movement to either a higher or lower 
salary range or no change to the salary range, provided that the outcome of such 
a review cannot result in a salary range below the principal class employee’s 
salary range on appointment to that position. 

(iv) Where the review under subclause (i) results in a higher salary range the effective 
date of the movement to the higher salary range will be the first pay period 
commencing on or after either: the date of the principal class employee’s 
application for review; or the date the principal class employee was directed to 
undertake the duties of the higher range, whichever is the earlier. 

(c) On movement to a higher salary range within the principal class following a review 
under sub-clause (a) or (b), a principal class employee’s salary will be determined in 
accordance with one of the following: 

(i) the minimum salary of the higher salary range or the principal class employee’s 
current salary, whichever is the higher; or 

(ii) such higher rate as determined by the Employer. 

(d) Provided that the salary determined in accordance with sub-clause (c) cannot exceed 
the maximum salary specified in Schedule 1 for the relevant salary range. 

Salary on transfer or promotion 

(4) On movement to a higher salary range a principal class employee’s salary will be determined 
in accordance with one of the following: 

(a) the minimum salary as set out in Schedule 1 of the higher salary range or the principal 
class employee’s current salary whichever is the higher; or 

(b) such higher rate as determined by the Employer, provided that the salary determined in 
accordance with this subclause cannot exceed the maximum salary of the relevant salary 
range as set out in Schedule 1. 

(5) A principal class employee transferred to a position within the same salary range will be paid 
at the same salary provided that the salary determined cannot exceed the maximum salary 
of the relevant salary range as set out in Schedule 1. 

(6) A principal class employee transferred to a position at a salary range lower than the principal 
class employee’s salary range will be paid a salary determined by the Employer.  Provided that 
the salary determined in accordance with this subclause cannot exceed the maximum salary 
of the relevant salary range as set out in Schedule 1. 

General 

(7) If a principal class employee is engaged in full-time duties not connected with the school to 








17   

 

which the employee is appointed, the Employer may determine the principal class 
employee's salary, provided the salary is not less than that set out in the employee’s 
contract of employment. 

(8) Where a principal’s contract is not renewed the employee will be appointed as an assistant 
principal and paid within salary range 2, for a period of three years. 

(9) Where a principal class employee’s contract (other than a principal) is not renewed the 
employee will be appointed to the following classification level for the period specified: 

(a) if the substantive salary of the principal class employee is above salary range 2, the 
person will be appointed as an assistant principal and paid within salary range 2, for a 
period of three years; or 

(b) if the substantive salary of the principal class employee is at salary range 1 or range 2, 
the person will be appointed as a leading teacher for a period of three years. 

Teacher Class 

16 (1) The teacher class will comprise the following classifications: 

- leading teacher - range 3 

- learning specialist - range 3 

- classroom teacher - range 1 and range 2. 

(2) Teachers will be paid the salaries specified in Schedule 1. 

(3) Advancement from classroom teacher salary range 1 to classroom teacher salary range 2 will 
be subject to the teacher satisfying the requirements of salary range 2.   

(4) Subject to subclause 13(3)(c), within the teacher classification levels stated in Schedule 1, 
salary progression will be from the appropriate minimum, through the subdivisional range, to 
the maximum subdivision of that classification level. 

(5) At the expiration of a leading teacher or learning specialist’s appointment the employee will 
become a classroom teacher at salary subdivision 2-6 unless: 

(a) the employee’s appointment as a leading teacher or learning specialist is renewed; or 

(b) the employee is selected for transfer or promotion to another position on or before the 
effective date of the expiration of the term of appointment as a leading teacher or 
learning specialist.  Provided that where the expiration of the term of appointment occurs 
at the end of a school term and the transfer or promotion does not take effect until the 
commencement of the following school term the person will be paid at the leading 
teacher or learning specialist level during that school vacation period.  

Commencement salary on employment 

(6) (a) For the purposes of this clause "approved teaching experience" means completed years 
of full time or equivalent full time teaching experience approved by the Employer and 
gained subsequent to completion of an approved four-year course or longer of teacher 
training.   

(b) Approved teaching experience includes teaching experience gained whilst employed as a 
teacher in: 

(i) a Victorian registered school or a kindergarten including teaching experience as a 
casual relief teacher in a Victorian registered school on or after 1 January 2005; 

(ii) a school or a kindergarten of another Australian state or territory that is approved in 
accordance with the requirements of the relevant state or territory to provide 








18   

 

instruction at K-12 or part thereof; and/or 

(iii) an international school equivalent to an Australian P–12 school setting. 

(7) Unless otherwise determined by the Employer, a leading teacher or a learning specialist will 
commence employment at the minimum salary level specified for leading teacher or learning 
specialist in Schedule 1. 

(8) The commencing salary on employment as a classroom teacher will be determined in 
accordance with subclause (a), (b) or (c) below, whichever results in the higher commencing 
salary as follows: 

(a) subdivision 1-1 for a classroom teacher at salary range 1 or 2-1 for a classroom teacher 
at salary range 2 as stated in Schedule 1; 

(b) the current equivalent of the salary subdivision as stated in Schedule 1 received by the 
teacher on the last day of the employee’s most recent employment as a teacher in the 
Victorian Teaching Service.  Provided that where the salary in the former employment 
in the Victorian Teaching Service was determined incorrectly or is inconsistent with 
normal salary progression for a classroom teacher, the teacher’s commencing salary will 
be determined in accordance with subclause (c); or  

(c) salary subdivision 1-1 plus a salary subdivision for each year of approved teaching 
experience up to a maximum of subdivision 2-6.  Provided the salary determined cannot 
be higher than the salary determined under subclause (b) except where the teacher has 
gained approved teaching experience subsequent to the employee’s last date of 
separation from the Victorian Teaching Service. 

(9) Notwithstanding subclauses (7) or (8), the Employer may determine that a teacher will 
commence at a subdivision other than the minimum. 

(10) The commencing salary determined in accordance with subclause (9) cannot be less than 
the salary determined under subclause (7) or (8) and cannot exceed the maximum salary 
specified in Schedule 1 for the relevant classification of teacher. 

Salary on Promotion or Transfer  

(11) On promotion a teacher will be paid at the minimum salary specified for the position in 
Schedule 1.  Provided that, where prior to the effective date of promotion, the teacher had 
been in receipt of salary (including any higher duties allowance) at or above the minimum 
salary of the higher position within the current period of service the salary on promotion 
will be at that higher level. 

(12) On transfer a teacher will be paid at their current salary subdivision or the minimum 
commencing salary of the position whichever is the higher.  Provided that: 

(a) unless otherwise determined by the principal, the salary of an employee whose salary 
has been accelerated in accordance with subclause 13(3)(e) will be the salary 
subdivision that would have applied had acceleration not been approved; 

(b) the salary of a leading teacher or learning specialist transferred to a position at a lower 
classification level will be the salary subdivision determined as if all of the leading 
teacher or learning specialist’s service at or above that lower classification level had 
been at that lower salary classification level. 

(13) The salary determined in accordance with subclause (11) or (12) cannot exceed the 
maximum salary of the position. 

Paraprofessional Class 








19   

 

17 (1) The paraprofessional class will comprise two classification levels each with two salary ranges 
as follows: 

Paraprofessional Level 2 

- range 4 

- range 3 

Paraprofessional Level 1 

- range 2 

- range 1 

(2) Paraprofessionals will be paid the salaries specified in Schedule 1. 

(3) Subject to subclause 13(3)(c), within the paraprofessional classification levels stated in 
Schedule 1, salary progression will be from the appropriate minimum, through the 
subdivisional range, to the maximum subdivision of that classification level. 

Commencement salary on employment 

(4) (a) (i) A paraprofessional employed in response to a classroom teacher vacancy will be 
offered employment at either salary range 1 or 2 

(ii) A paraprofessional employed in response to a leading teacher or learning specialist 
vacancy will be offered employment at either salary range 3 or 4 as determined by 
the Employer having regard to the role and responsibilities the paraprofessional 
will undertake. 

(b) Unless otherwise determined by the Employer, a paraprofessional will commence 
employment at the minimum salary level specified in Schedule 1 for the relevant 
paraprofessional salary range. 

(c) Notwithstanding subclause (b), the Employer may determine that a paraprofessional 
will commence at a subdivision other than the minimum. 

(d) The commencing salary determined in accordance with subclause (c) cannot be less 
than the salary determined under subclause (b) and cannot exceed the maximum 
salary specified in Schedule 1 for the relevant salary range. 

Salary on Promotion or Transfer  

(5) On promotion a paraprofessional will be paid at the minimum salary specified for the 
position in Schedule 1.  Provided that, where prior to the effective date of promotion, the 
paraprofessional had been in receipt of salary (including any higher duties allowance) at or 
above the minimum salary of the higher position, the salary on promotion will be at that 
higher level. 

(6) On transfer a paraprofessional will be paid at their current salary subdivision provided that: 

(a) unless otherwise determined by the principal, the salary of a paraprofessional whose 
salary has been accelerated in accordance with subclause 13(3)(e) will be the salary 
subdivision that would have applied had acceleration not been approved; 

(b) the salary of a paraprofessional transferred to a position at a lower salary range will be 
the salary subdivision determined as if all of the paraprofessional’s service at or above 
that lower salary range had been at that lower salary range. 

(7) The salary determined in accordance with subclause (5) or (6) cannot exceed the maximum 
salary of the position. 








20   

 

Salary range review 

(8) (a) A paraprofessional may request, or the Employer may initiate, a review of a 
paraprofessional‘s salary range.  Any such request must be in writing. 

(b) A review arising under subclause (a) will be conducted in the context of any changes to 
the work value of the position and the performance of the employee and where 
practicable the employee will be advised of the outcome of the review within 28 days of 
initiation of the review. 

(c) A review under subclause (a) may result in movement to either a higher or lower salary 
range within the employee’s classification level or no change to the salary range, provided 
that the outcome of such a review cannot result in a salary range below the employee’s 
salary range on appointment to that position. 

(d) Where the review under subclause (a) results in a higher salary range the effective date 
of the movement to the higher salary range will be on and from the first pay period after 
the date of the employee’s application for review or the date the employee was directed 
to undertake the duties of the higher range whichever is the earlier. 

(e) On movement to a higher salary range within a classification level, following a review 
under subclause (a), an employee’s salary will be determined as set out in subclause (5). 

Education Support Class 

18 (1) The education support class will comprise the following classifications: 

(a) Education support Level 2 with one salary range (range 6); and 

(b) Education support Level 1 with five salary ranges as follows: 

− range 5 

− range 4 

− range 3 

− range 2 

− range 1 

(2) Education support class positions will be classified in accordance with the Dimensions of 
Work at Schedule 4 and education support class employees will be paid the salary specified 
in Schedule 1 for their salary range. 

(3) Subject to subclause 13(3)(c), within the education support class classification levels salary 
progression will be from the appropriate minimum, through the subdivisional range, to the 
maximum subdivision of that classification level. 

Salary on Commencement of Employment 

(4) For the purposes of this clause “prior employment” means periods of employment as an 
education support class employee in Victorian government schools, other than casual 
employment, without any break in employment exceeding twelve months.  The commencing 
salary of an education support class employee will be determined as follows, whichever 
results in the higher commencing salary: 

(a) unless otherwise determined by the Employer, the employee will commence 
employment at the minimum salary level applying to the position; 

(b) the current equivalent of the salary subdivision, as stated in Schedule 1, received by 
the employee on the last day of their most recent period of prior employment. 








21   

 

Provided that: 

(i) if the prior employment was at a higher classification or salary range, the 
commencement salary will be determined at the minimum salary subdivision of 
the relevant salary range as stated in Schedule 1 plus an additional salary 
subdivision for each year of satisfactory prior employment at or above the 
relevant classification or salary range; or 

(ii) where the salary in the prior employment was determined incorrectly or is 
inconsistent with normal salary progression for an employee, the 
commencement salary will be determined at the minimum salary subdivision of 
the relevant classification and salary range as stated in Schedule 1 plus an 
additional salary subdivision for each year of satisfactory prior employment at or 
above the relevant salary range; 

(c) the commencement salary for an education support class employee at Level 1 Range 
2 will be determined in accordance with subclauses (a) or (b) or the following 
whichever, results in the higher salary: 

(i) roles that require coordination, specialised student/teacher support tasks, or 
technical tasks, commence at Level 1, Range 2, subdivision 4; or 

(ii) roles that require an Australian Qualification Framework (AQF) certificate 
qualification commence at Level 1, Range 2, subdivision 4; or 

(iii) roles that require an Australian Qualification Framework (AQF) diploma 
qualification (or in the case of an Enrolled Nurse an equivalent qualification 
leading to registration) commence at Level 1, Range 2, subdivision 5. 

(d) the commencing salary determined under subclauses (a) and (b) cannot exceed the 
maximum salary specified in Schedule 1 for the relevant classification or salary range. 

Salary on Promotion or Transfer  

(5) On promotion an education support class employee will be paid at the minimum salary 
specified for the position in Schedule 1. Provided that, where prior to the effective date of 
promotion, the education support class employee had been in receipt of salary (including 
any higher duties allowance) at or above the minimum salary of the higher position, the 
salary on promotion will be at that higher level.  

(6) On transfer an education support class employee will be paid at their current salary 
subdivision provided that:  

(a) unless otherwise determined by the principal, the salary of an employee whose salary 
has been accelerated in accordance with subclause 13(3)(e) will be the salary 
subdivision that would have applied had acceleration not been approved.  

(b) the salary of an employee transferred to a position at a lower salary range will be the 
salary subdivision determined as if all of the employee’s service at or above that lower 
salary range had been at that lower salary range.  

(7) The salary determined in accordance with subclause (5) or (6) cannot exceed the maximum 
salary of the position.  

Salary Range Review  

(8) (a) An education support class employee may request, or the Employer may initiate, a 
review of an employee’s salary range. Any such request must be in writing.  

(b) A review arising under subclause (a) will be conducted in the context of any changes 








22   

 

to the work value of the position and the performance of the employee and where 
practicable the employee will be advised of the outcome of the review within 28 days 
of initiation of the review.  

(c) A review under subclause (a) may result in movement to either a higher or lower salary 
range within the employee’s classification level or no change to the salary range, 
provided that the outcome of such a review cannot result in a salary range below the 
employee’s salary range on appointment to that position.  

(d) Where the review under subclause (a) results in a higher salary range the effective 
date of the movement to the higher salary range will be on and from the first pay 
period after the date of the employee’s application for review or the date the 
employee was directed to undertake the duties of the higher range whichever is the 
earlier.  

(e) On movement to a higher salary range within a classification level, following a review 
under subclause (a), an employee’s salary will be determined as set out in subclause 
(5).  

(f) The work value of a position will be determined in accordance with the Dimensions of 
Work as set out in Schedule 4 and the Roles and Responsibilities – Nurse set out in 
Schedule 3 (if applicable).  

Casual Employment  

(9) A person employed as a casual employee within the education support class will be paid an 
hourly rate derived from the full-time salary applying to the minimum salary subdivision of 
the salary range of the position, as specified in clause 1.4 of Schedule 1, plus a 35.40% 
loading. The 35.40% loading is in lieu of any paid leave entitlements, other than long service 
leave, and public holidays under this agreement.  

(10) Casual employees in the education support class will be entitled to a minimum payment of 
three hours in respect of employment on any one day.  

Medical Intervention or challenging and complex behaviours training 

(11) Where required, an education support class employee working with a student with a medical 
condition requiring medical intervention or challenging and complex behaviours will be 
provided with training on the medical intervention required and/or the management of 
challenging and complex behaviours. The training will occur prior to the student 
commencing at the school or prior to the education support class employee commencing 
work with the student. 

Salary Packaging 

19 (1) An employee may enter into a salary packaging arrangement in respect of a range of salary 
packaged benefits including: 

(a) superannuation; 

(b) a novated lease on a motor vehicle; 

(c) payment of medical benefits insurance to a fund nominated by the employee; 

(d) mobile telephones; 

(e) notebook and laptop computers; 

(f) membership fees and subscriptions to professional associations; 

(g) home office expenses; 








23   

 

(h) financial counselling fees; 

(i) disability/income protection insurance premiums; and 

(j) self-education expenses. 

(2) All costs associated with salary packaging, including any additional tax associated with the 
employment benefit, are to be met from the salary of the participating employee.  

(3) Deductions made from an employee’s salary for the purposes of subclause (2) are authorised 
in accordance with this agreement if permitted in writing by the employee. 

(4) Subclause (3) applies to deductions made from an employee’s salary on or after the date this 
agreement commences operation regardless of whether the written permission referred to 
in that clause is given before or after this agreement commences operation.  

Allowances 

Special payment 

20 (1) A special payment may be paid to an employee, other than an executive class or principal 
class employee: 

(a) for undertaking a task that is additional to the responsibilities that can be required of 
an employee at their respective classification level and salary range; 

(b) as an attraction and/or retention incentive. 

(2) The minimum annual amount of a special payment is $925.  The special payment may be paid 
fortnightly or as a lump sum if the principal, as the Employer’s representative, and the 
employee agree. 

(3) An employee in receipt of a special payment under subclause (1) on a fortnightly basis who is 
absent on personal leave with pay, will continue to receive the special payment during the 
period of personal leave for up to one month or until the expiration of the special payment, 
whichever is the earlier. 

(4) An employee who has been in receipt of a special payment on a fortnightly basis for a 
continuous period of 12 months immediately prior to the commencement of paid leave 
(including personal leave) and would have continued to receive the special payment but for 
the employee’s absence on leave, will continue to be paid the special payment during the 
period of paid leave or until the expiration of the special payment, whichever is the earlier. 

Salary loading allowance 

(5) (a) Subject to subclause (c), an employee is entitled to be paid, on a date determined by 
the Employer, a salary loading allowance each year of an amount equivalent to either 
17.5 per cent of four weeks of the total salary to which the employee is normally 
entitled as at 1 December of the year in which the allowance is paid or $1,402 in 2022, 
$1,430 in 2023, $1,459 in 2024 and $1,488 in 2025 whichever is the lesser.  

(b) Employees with part time service during the relevant year will be paid a pro-rata salary 
loading allowance based on the aggregate of the employee’s paid service over the 
twelve months preceding the date determined under subclause (a). 

(c) An employee with less than a complete year of service will be paid a pro rata salary 
loading allowance based on the aggregate of the employee’s service over the twelve 
months preceding the date determined under subclause (a). 

(d) No payment will be made to an employee, other than an education support class 
employee, in respect of service prior to cessation of employment where that cessation 








24   

 

occurs prior to the payment of the salary loading except where an employee dies or 
retires on account of age or ill-health.  

(e) An education support class employee will be paid pro rata salary loading allowance in 
respect of service prior to cessation of employment where that cessation occurs prior 
to the payment of the salary loading. 

(f) For the purposes of subclause (d) an employee is deemed to retire: 

(i) on account of age - if on or after attaining the age of 55 years the employee ceases 
to be employed; 

(ii) on account of ill health - if the employee produces to the Employer satisfactory 
evidence that the employee ceasing to be employed is due to ill health which is 
likely to be permanent. 

First aid allowance 

(6) An education support class employee who holds an appropriate first aid qualification who 
agrees to perform first aid in addition to the normal duties of their position and is required to 
be available to provide first aid, will be paid the first aid allowance specified below: 

Effective date First Aid Allowance 

Date of approval $698 

1/07/2022 $705 

1/01/2023 $712 

1/07/2023 $720 

1/01/2024 $727 

1/07/2024 $734 

1/01/2025 $741 

1/07/2025 $749 

 
Provided that a first aid allowance is payable where first aid duties comprise less than 60% of 
an employee’s normal duties. 

Intensive care allowance  

(7) (a) Intensive care allowances are only payable under this agreement to education support 
class employees who meet the criteria set out in subclauses (b) and (c). 

(b) An education support class employee who is in receipt of a salary less than 
subdivision 4 of Range 2 Level 1 and who satisfies the following criteria will be paid 
the intensive care allowance specified in subclause (d): 

(i) the employee was in receipt of the intensive care allowance immediately prior to 
the commencement of this agreement; and  

(ii) the employee continues to be required to provide intensive attendant care, 
administer medical support or assist in the development of independent living 
skills for individual students or groups of students while employed in a special 
school;  

provided that the intensive care allowance will cease from the date the employee is 
in receipt of subdivision 4 of Range 2 Level 1 salary or higher. 








25   

 

(c) An education support class employee who is in receipt of subdivision 4 of Range 2 
Level 1 salary or higher at the date this agreement commences and who satisfies the 
following criteria will be paid the intensive care allowance specified in subclause (d): 

(i) the employee was in receipt of the intensive care allowance immediately prior to 
the commencement of this agreement; and  

(ii) the employee continues to be required to provide intensive attendant care, 
administer medical support or assist in the development of independent living 
skills for individual students or groups of students while employed in a special 
school. 

(d) An education support class employee who satisfies the criteria in subclauses (b) and (c) 
will be paid the intensive care allowance set out below: 

Effective date 
Intensive care 

allowance 

Date of approval $405 

1/07/2022 $410 

1/01/2023 $414 

1/07/2023 $418 

1/01/2024 $422 

1/07/2024 $426 

1/01/2025 $430 

1/07/2025 $435 

 

Special schools allowance 

(8) A special schools allowance of $727 per annum will be paid to an assistant principal, teacher 
or education support class employee in a special school. 

Leave purchase allowance  

(9) (a) Where an education support class employee attends for duty under subclauses 
24(5)(a)(ii) to (vii) the employee will be paid a leave purchase allowance equal to 
72.47% of the employee’s hourly rate of pay for each hour that the employee attends 
for duty during the additional paid leave accrued under clause 26(1)(b).  Where an 
employee is in receipt of a leave purchase allowance on an ongoing basis the 
allowance will be treated as salary in addition to the salary specified in schedule 1. 

(b) The maximum amount of leave that may be purchased in any year is 228 hours.   

Remote allowance  

(10) (a) The following remote allowances will be paid to employees in schools determined by 
the Employer to be remote:  

 

Allowance Employee with dependants Employee without dependants 

Remote A $475 $304 

Remote B $280 $183 








26   

 

 

Higher Duties Allowances  

(11) (a) An employee performing at least half of the duties of a position for which the specified 
salary is higher than that applicable to the employee’s current position will be paid a 
higher duties allowance in accordance with the terms and conditions of this clause if 
the assignment is for a period of longer than five consecutive working days.  

(b) The following conditions apply to the payment of a higher duties allowance:  

(i) At least one half of the duties of the assigned position must be performed.  
Where less than the full duties are performed, the higher duty allowance paid 
is proportionate to the extent of the higher duties carried out.   

(ii) An employee performing the duties of the assigned position in the principal 
class or the teacher class must satisfy the requirements of, and be registered 
under, Part 2.6 of the Education and Training Reform Act 2006 (Vic).  

(iii) Assignments commence from the date of taking up the higher duties and cease 
at the end of the assignment period or the last day of the school year, whichever 
is the earlier.  Provided that an employee in receipt of a higher duties allowance, 
except as stated in subclause (11)(c), for at least one month immediately prior 
to the last day of the school year will be paid the allowance to 31 December of 
that year.  Provided further that if such employee is re-assigned the duties of 
that position from the first day of the succeeding school year they will be paid 
the appropriate higher duties allowance from 1 January of that year. 

(iv) Subject to subclause (11)(b)(i), the higher duties allowance equals the amount 
required to raise the employee’s salary to the salary of the position to which 
they have been assigned for the eligible period that the higher duties are 
performed.  

(c) Employees who are in receipt of a higher duties allowance and who are absent on 
personal leave with pay continue to receive the higher duties allowance for up to 
one month from the commencement of the personal leave or the expiration of the 
assignment period, whichever is the earlier. Provided that if an employee has been 
in receipt of a higher duties allowance continuously for a period in excess of twelve 
months they will continue to receive the higher duties allowance for periods of 
personal leave in excess of one month up to the expiration of personal leave, or the 
expiration of the assignment period, whichever is the earlier.   

(d) An employee assigned higher duties in accordance with subclause (11)(a) is entitled 
to such increases in the higher duties allowance as are equivalent to the increases in 
salary the employee would have received had she or he been promoted to the 
higher position.  

(e) The employer may assign higher duties to an employee on conditions other than 
those provided in subclauses (11)(a) to (11)(d) provided that the conditions are no 
less favourable to the employee than the conditions set out in subclauses (11)(a) to 
(11)(d). 

Position allowance  

(12) (a) Employees specified in subclause (12)(b) are entitled to be paid in December each 
year, a position allowance equivalent to one per cent of the total salary to which the 
employee is normally entitled as at 1 December of the year in which the allowance is 
paid. 








27   

 

(b) Employees in the following classifications will be paid an annual lump sum payment 
as set out in subclause (12)(a): 

(i) an assistant principal employee;  

(ii) a teacher; and 

(iii) an education support class employee at level 2, level 1 ranges 3 to 5 or level 1 
range 2 subdivision 2-8. 

Staffing 

21 (1) Employees may be employed full-time or part-time, on either an ongoing or fixed term basis, 
or as a casual employee.  For the avoidance of doubt, the ability to be employed part time also 
applies to executive class and principal class employees.  

Modes of employment 

(2) (a) (i) The standard mode of employment in the Victorian Teaching Service is ongoing.  
However some fixed term or casual employment will continue to be necessary.  In 
order to maximise employment opportunities, advertised vacancies are open to 
qualified applicants both within (fixed term or ongoing) and external to the 
Victorian Teaching Service.  

(ii) When a person is employed in an education support class position and such 
employment is specifically linked to Student Support Funding (or any successor 
program such as Disability Inclusion funding) that person will be employed on an 
ongoing basis. 

(iii) The employment of a person employed under subclause (ii) can be ended prior to 
the expiration of seven years from the date of commencement of employment, by 
providing the education support class employee with no less than twelve weeks' 
notice in circumstances where the funding or comparable funding reduces or 
ceases.  

(iv) Where notice is given under subclause (iii) the employee is entitled to 
redeployment at or below their substantive classification level and salary range for 
the duration of the notice period. During this period the employee will be 
interviewed for any positions for which they are an applicant.  

(v) On termination following notice under subclause (iii), the employee will be paid a 
severance payment, calculated at the rate of pay received immediately prior to the 
termination date as set out below: 

Period of continuous service on termination 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 

  

(b) Except as set out in this agreement, the local selection arrangements determined by 
the Employer will apply. Selection for advertised positions will continue to be 








28   

 

determined solely on the basis of merit assessed in relation to the selection criteria 
of the position.  

(c) Notwithstanding subclause (b): 

(i) Arrangements may be required that enable the movement of staff including staff 
rotation. 

(ii) A person employed in response to an advertised fixed term vacancy may be 
offered one further period of fixed term employment, without advertisement of 
the position, provided the position continues to satisfy the criteria set out in 
subclause (d).  The further period of fixed term offered under this subclause 
cannot be for a longer period than the period set out in the original advertised 
vacancy. 

(iii) The Employer may appoint a person to a position on other grounds.  

(d) Without limiting the generality of the following, employees will be employed 
ongoing except: 

(i) when a person is employed for a fixed period of time to replace an employee who 
is absent on leave of twelve months or less, other than a parental absence; 

(ii) when a person is employed for a fixed period of time to replace an employee 
during a parental absence that person will be employed for seven years.  Provided 
that where: 

− the employee absent on leave associated with a parental absence returns to 
duty or the employee’s period of fixed term employment expires, the 
replacement employee’s employment may cease prior to the expiration of 
the seven years on the employee being provided with not less than twelve 
weeks’ notice of termination. 

− the employee absent on leave associated with a parental absence is ongoing 
and does not return to duty at the school, the employee employed to replace 
the ongoing employee absent on leave associated with a parental absence 
will be offered ongoing employment subject to a probationary period in 
accordance with subclause (4); 

(iii) when the Employer has good reason to believe that, should a person not be 
employed fixed term, an excess staff situation will arise, consistent with the 
workforce plan as determined in accordance with clause 12.  This may include 
predicted enrolment decline determined by the enrolment predictions of the 
Employer; 

(iv) when a person is employed for a fixed period of time to undertake a specific 
project for which funding has been made available for a specified period of time 
provided that the vacancy is to be advertised for the duration of that funding; 

(v) where a teacher with full or provisional registration is not available and a person 
with permission to teach is employed for a fixed period of time, provided that 
such employment cannot exceed three years; 

(vi) any other reason considered appropriate by the Employer. 

(e) In notifying vacancies the Employer will identify the reason for each fixed term 
vacancy and implement during the life of this agreement, proactive processes to 
ensure that fixed term vacancies satisfy the criteria set out in subclause (d).  
Relevant data will be provided to the Australian Education Union on a quarterly 








29   

 

basis. 

(f) The Employer must offer ongoing employment without advertisement to any eligible 
employee where a suitable ongoing position would otherwise be advertised in the 
school, subject to a probationary period as set out in subclause (4). 

(g) For the purposes of subclause (f), and subject to subclause (h), an “eligible 
employee” means a fixed term employee employed continuously for longer than 
twelve months or a complete school year inclusive of all school vacation periods if 
that is less than twelve months: 

(i) in response to a vacancy advertised for longer than 12 months;  

(ii) in response to a vacancy advertised for 12 months or less resulting in two or 
more fixed periods of employment as a result of the operation of subclause 
(2)(c)(ii);  

(iii) in response to two or more vacancies advertised for 12 months or less resulting 
in two or more fixed periods of employment; or 

(iv) in response to an advertised parental absence vacancy in the second or 
subsequent year of that replacement. 

(h) Notwithstanding subclause (g) a fixed term employee who is a visa holder cannot be 
translated to ongoing employment where that is inconsistent with the terms of the 
employee’s visa. 

(i) Where a person’s casual employment is likely to exceed 30 working days, 
consideration should be given to converting that employment to fixed term 
employment consistent with the objectives set out in subclause (2)(a)(i). 

Management of employees with priority status 

(3) (a) For the purposes of this clause: 

“employee with priority status” means an ongoing employee identified as excess to 
workplace requirements, an employee with compassionate transfer status or a former 
employee who is a disability retirement benefits pensioner and who is fit to return to 
work; 

“employee with redeployment status” means a fixed term education support class 
employee employed for longer than 12 months in two or more fixed periods of 
employment where the break between periods of employment is not more than five 
weeks, excluding school vacation periods. 

(b) An employee with priority status is entitled to redeployment at or below their 
current classification level and salary range in accordance with Department policy 
and will be interviewed for any positions for which they are an applicant. In addition 
an ongoing employee identified as excess to workplace requirements will be 
provided with dedicated redeployment/career transition support external to the 
school.  All reasonable efforts will be made by the Employer to place employees with 
priority status, as a result of a school closure, in suitable alternative positions. 

(c) An education support class employee with redeployment status is entitled to 
redeployment at or below their current classification level and salary range, in 
accordance with Department policy for the twelve weeks prior to the expiration of 
the employee’s fixed period of employment. Education support class employees 
with redeployment status will be interviewed for any positions for which they are an 
applicant. 








30   

 

(d) Except as set out in this agreement, the arrangements determined by the Employer 
for the management of employees with priority status will apply.  Where it is 
unlikely that an employee who is excess to workplace requirements will be 
redeployed to a suitable position, other action, including retrenchment, may be 
considered. The general expectation is that retrenchment will not be considered 
unless redeployment and retraining opportunities have been explored for a period 
of longer than twelve months, or six months in respect of education support class 
employees, from the date the employee was declared excess.   

(e) The Employer will only identify employees as being excess to workplace 
requirements in either Term 1 or Term 4 other than in exceptional circumstances. 

Probation 

(4) (a) The employment of a person on an ongoing basis is subject to a probationary period 
for such period not exceeding twelve months, or six months in respect of education 
support class employees, as the Employer determines whether generally or in any 
particular case or class of cases. The probationary period for an employee who has at 
least 12 months service with the employer in the previous 24 months, including any 
period of fixed term employment, will be up to six months for a teacher or three 
months in respect of an education support class employee. 

(b) A person employed on probation will remain a probationer until the employment is 
confirmed or annulled in accordance with this clause. 

(c) The Employer may confirm or annul the employment of a person at any time while 
on probation. 

(d) At the expiration of the period of probation the Employer will either: 

(i) confirm the employment; 

(ii) annul the employment; or 

(iii) extend the probation for a further period (not exceeding twelve months or six 
months in respect of education support class employees). 

(e) Where the Employer extends the probation for a further period the Employer may 
confirm or annul the employment at any time during that further period and if the 
employment has not been confirmed or annulled before the expiration of that 
period the Employer will as soon as practicable confirm or annul the employment. 

(f) Where employment is annulled the annulment will take effect from such date as is 
determined by the Employer provided that the date of annulment cannot be 
retrospective and the employee is provided with any period of notice required 
under the Fair Work Act 2009 (Cth).  

(g) An employee on probation is eligible for salary progression subject to the 
requirements set out in clauses 13(3). 

Teacher Work  

22 (1) The parties are committed to ensuring that all students experience high quality teaching 
and that they are supported to become effective learners.  It is important that students are 
provided with the highest quality learning conditions and that teachers have every 
opportunity to deliver quality education.  The roles and responsibilities that can be 
required of leading teachers, learning specialists and classroom teachers are set out in 
Schedule 2.   

(2) Class size, preparation, planning and assessment are major factors impacting on improving 








31   

 

instructional practice.  Teachers should have the opportunity to perform all of their duties 
within a reasonable timeframe and have fair and reasonable conditions and students 
should have ready access to their teachers.  In this context, the work allocated to a teacher 
should, as far as practicable, provide for an equitable distribution of work across all 
teachers in the school. 

(3) The work of a teacher is complex.  Numerous factors contribute to the process of teaching 
and learning, including: 

(a) face-to-face teaching; 

(b) preparation, planning, assessment, meetings, student supervision, reporting and 
organisational duties; 

(c) the implementation of government education initiatives and curriculum development; 

(d) class size, curriculum mix, range of ability and age of students, individual needs of the 
students, complexity of health needs, behavioural presentations, resources available 
and facilities;  

(e) structured school activities such as parent teacher meetings, camps, concerts, 
excursions, parent information sessions and after school sport; 

(f) the mentoring of classroom teachers at salary range 1 in their first 12 months of 
teaching; 

(h) student management including wellbeing and mental health; and 

(g) engagement with parents / carers. 

(4) (a) It is recognised that the allocation of teacher work is managed by the principal, as the 
Employer’s representative, at the school in accordance with this agreement. 

(b) A teacher cannot be required to undertake face-to-face teaching that exceeds: 

(i) 20 hours per week for a secondary school teacher or 18 hours 40 minutes per week 
if a teacher supervises sporting activities of students on a structured basis for a 
period of two hours per week;  

(ii) 22 hours 30 minutes per week for a primary school teacher or a special school 
teacher;  

(iii) the pro-rata of subclauses (b)(i) and (ii) for a teacher in a P-12 school having regard 
to the proportion of teaching performed in years P-6 and 7-12 respectively; or 

(iv) if the Employer and a union agree by way of deed to a fewer number of hours than 
those specified in subclauses (4)(b)(i) and (4)(b)(ii), that fewer number of hours as 
applicable to the relevant employee.  

(c) the provisions of subclause (4)(b) operate to the exclusion of any other provisions 
regulating face-to-face teaching. 

(5) Within the limits set out in subclause (4)(b), the actual face-to-face teaching hours required 
of teachers in a school will be agreed using the consultation provisions of this agreement.  
Where agreement is not reached, the allocation of the face-to-face teaching requirements 
of a teacher should provide the opportunity for the teacher to perform all of their required 
duties within a reasonable timeframe within the following limits: 

(a) In primary schools, the allocation of the face-to-face teaching requirements of a teacher 
must not exceed the limits set out in subclause (4)(b). 

(b) In secondary schools, the allocation of the face-to-face teaching requirements of a 








32   

 

teacher must not exceed the limits set out in subclause (4)(b). Nor can the allocation 
exceed:  

(i) an index of 480 (calculated by multiplying the teacher’s actual face-to-face 
teaching hours per week, inclusive of extras, by the number of students in each 
class). Time allowances are to be included in the index (calculated by multiplying 
the actual time allowance hours per week by the average number of students in all 
of the teacher’s classes); or 

(ii) if the Employer and a union agree by way of deed to a lower index than specified 
in subclause (5)(b)(i), that lower index. 

(c) Where the allocation of the face-to-face teaching hours to a teacher is determined 
under subclause (a) or (b) the formula in subclause (7)(c) does not apply.  

(d) Notwithstanding this subclause (5), and subclause (8), the work of teacher librarians, 
MARC/MACC teachers, visiting teachers and instrumental music teachers may be 
varied through the consultative process, with the agreement of the teacher in writing, 
to meet the particular circumstances of that school, network of schools or regional 
workplace.  

(6) (a) The primary focus of a classroom teacher in their first few years of teaching is on further 
developing skills and competencies needed to become an effective classroom 
practitioner.  It is recognised that ongoing support and development of these teachers 
is critical for the teachers themselves, the schools in which they teach, the communities 
in which they play a significant role, and for the students whose futures they shape. 

(b) To this end, the work allocated to classroom teachers in their first 12 months of 
teaching should recognise the need for those teachers to perform all of their required 
duties within a reasonable timeframe and to participate in the necessary induction and 
development activities designed to assist these teachers in their first 12 months.  
Accordingly, within the resources available to the school, the scheduled duties of a 
classroom teacher in their first twelve months should be reduced by at least 5% over 
the school week consistent with the allocation of duties at the school determined in 
accordance with subclauses (5) and (8).   

(c) If a teacher is requested to act as mentor for a classroom teacher in their first 12 
months, the principal, as the Employer’s representative, should ensure that this role 
can be undertaken having regard to the scheduled duties required of that teacher over 
the 38 hour week. 

(7) Unless otherwise agreed at the school in accordance with the consultative provisions of 
this agreement: 

(a) (i) replacement or reorganised classes of equivalent time period, which will not count 
as an extra, may be assigned to a teacher who loses normal classes for any reason.  
Such classes may only be assigned within the day normal classes are lost. 

(ii) In November and December of each year as classes are dismissed, teachers may 
be allocated replacement classes up to 80% of their timetabled allotment.  Such 
classes may only be assigned within the week normal classes are lost.  

(b) Extras will be considered within the face-to-face teaching maximum as determined in 
subclause (4)(b) above.  Extras should be allocated in an equitable manner, and in the 
context of the total work required of the teacher. 

(c) Subject to subclause (b), unless otherwise agreed at the school, the maximum 
allocation of extras to a teacher is calculated by the formula:  








33   

 

(i) (1150 less the number of face-to-face teaching minutes per week x 42) ÷ 2; or 

(ii) if the Employer and a union agree by way of deed to a formula that gives effect to 
a fewer number of extras than that specified in subclause (7)(c)(i), that formula.  

(8) (a) A teacher with face-to-face teaching scheduled at the maximum (as set out in clause 
22(4)(b)) will be provided: 

(i) 30 hours per week of time to undertake the work directly related to the teaching 
and learning program of their class(es) (such as face-to-face teaching, planning, 
preparation, collaboration, and assessment), with the duties undertaken within 
that time determined by the teacher; and  

(ii) the remaining eight hours per week are available for lunch and other activities 
(such as yard duty, meetings, and/or other duties). 

(b) Both the 30 hours referred to in subclause (8)(a)(i) and the eight hours referred to in 
subclause (8)(a)(ii) will be adjusted according to the proportion of face to face teaching 
in accordance with the following formula: 

(actual face-to-face teaching hours ÷ maximum face-to-face teaching hours) x 30 hours  

(9) In addition to face-to-face teaching and the requirements set out in clause 22(8), teachers 
may be required to undertake a range of other duties consistent with their classification 
level and salary range.  In the distribution of other duties, the following factors are to be 
taken into account: 

(a) as far as practicable, the equitable distribution of other duties within the school; 

(b) the relative importance of the various duties to be undertaken; 

(c) the time required to perform the duty; 

(d) the range and frequency of tasks to be performed; 

(e) the classification, salary range, qualifications, training and experience of the teacher; 
and 

(f) the activities set out in subclause (3).   

(10) Where a teacher is required to travel between schools, campuses or annexes on any one 
day, a time allowance commensurate with the time taken to travel and associated logistical 
requirements will be included in the determination of the teacher’s total work 
requirements and within the applicable ordinary hours of work provided for in clause 24(1). 

Allocation of organisational duties 

(11) (a) In addition to face-to-face teaching, teachers may be required to undertake a range of 
other duties consistent with their classification level and salary range.  These other 
duties may include organisational duties.  

(b) Subject to the consultation provisions of this agreement the principal, as the 
Employer’s representative, has responsibility for determining the organisational duties 
necessary for the efficient running of the school and the time release (if any) and/or 
special payment (if any) applicable for each organisational duty.  Where it is determined 
that an organisational duty should attract a special payment the amount of the special 
payment may be set at different amounts for each of the teacher class salary ranges.  

(c) Once the organisational duties have been determined in accordance with subclause (b), 
the organisational duties, associated special payment and/or time release (if any) will 
be advertised to teachers within the school who will be provided with the opportunity 








34   

 

to express interest in one or more of the organisational duties. 

(d) The principal, as the Employer’s representative, has responsibility to consider the 
expressions of interest for each organisational duty using the Employer’s merit-based 
selection process. 

(e) The principal, as the Employer’s representative, will determine the successful applicant 
for each organisational duty having regard to the outcome of the merit-based selection 
process and will offer the organisational duty to that applicant. 

(f) A successful applicant may decline the offer made under subclause (e). 

(g) Should any organisational duty remain unfilled following the process set out in 
subclauses (a) to (f) the principal, as the Employer’s representative, can allocate that 
duty to any teacher (including a teacher who has declined an offer under subclause (f) 
provided that the duty is consistent with the roles and responsibilities that can be 
required of that teacher. 

Professional Practice Days  

(12) (a) Each teacher is entitled to be released from their scheduled duties, including any face-
to-face teaching, for three Professional Practice Days in 2022, two Professional Practice 
Days in 2023 and one Professional Practice Day in 2024 and subsequent school years, 
to focus on the improved delivery of high quality teaching and learning as set out below: 

 Professional 
Practice Days 

2022 Term 2 1 

Term 3 1 

Term 4 1 

2023 Semester 1 1 

Semester 2 1 

2024 School year  1 

2025 School year 1 

 

These days are in addition to existing pupil free days and planning time and are pro-
rata for a teacher employed part-time.  

(b) The work undertaken on Professional Practice Days will be consistent with 
Departmental and school priorities and selected from the following areas: planning, 
preparation, assessment of student learning, collaboration, curriculum development, 
relevant professional development and peer observation including feedback and 
reflection.  

(c) The timing and focus of each Professional Practice Day for each teacher will be 
nominated by the teacher and be agreed in consultation with the principal.  

(d) Where the timing and/or focus of a Professional Practice Day is not agreed in 
accordance with subclause (c), the timing will be determined by the principal, and the 
focus of the day will be determined by the teacher consistent with the focus areas set 
out in subclause 12(b).  

(e) Nothing in this subclause (12) prevents a teacher and their principal agreeing to 
rescheduling a Professional Practice Day that has already been allocated, or allocating 








35   

 

a Professional Practice Day across two half days. 

Excessive or Unreasonable Work 

23 (1) An employee, who considers their work to be excessive, unreasonable or otherwise unsafe, 
within the terms of this agreement may, if the matter is not resolved at the school: 

(a) refer the matter for resolution in accordance with subclauses 12(12) and 12(13) to 
examine the factors affecting their work to determine whether the work is excessive, 
unreasonable or otherwise unsafe; or 

(b) refer the matter to the Merit Protection Board for determination in accordance with 
the requirements from time to time of that body. 

(2) Where the Merit Protection Board has jurisdiction to review a decision that is the subject 
of a grievance instituted by an employee, this clause should not be construed to require 
any action to be taken on the grievance other than that which may be determined by the 
Merit Protection Board. 

Attendance 

General 

24 (1) (a) Ordinary hours of work for full-time employees are 76 hours a fortnight. 

(b) Subject to subclause 24(8) and 24(9) an employee cannot be required to undertake 
duties in excess of 38 hours in a week. 

(c) An employee employed part time is employed to work an agreed number of regular 
hours less than 76 per fortnight. 

(2) An employee’s attendance at a court as a Crown witness or under subpoena or summons 
in the employee’s official capacity will be treated as duty for salary purposes subject to 
presentation of evidence that the employee attended the court.  

Teachers 

(3) (a) Teachers will be in attendance for a minimum of seven hours daily commencing no 
less than ten minutes before the morning pupil instructional session unless otherwise 
agreed between the principal, as the Employer’s representative, and a teacher. 

(b) In addition to the attendance requirements set out in subclause (a) teachers may be 
required to undertake other duties for up to three hours. including attendance at 
meetings provided that not more than two hours of the three hours can be used for 
meetings.    

(c) Meetings held beyond the attendance requirements set out in subclause (a) will be 
adjacent to the seven hours of daily attendance and not exceed one hour unless 
otherwise agreed using the consultative provisions of this agreement. 

(4) Teachers are entitled to a paid lunch break of not less than thirty minutes free from 
assigned duties between the hours 11:30am to 2:30pm.  

Education Support Class 

(5) (a) (i) Unless otherwise agreed, an education support class employee will be in 
attendance for 7.6 hours daily (for a full time employee) between 7am and 6pm 
from Monday to Friday. 

(ii) An education support class employee can be required to attend for duty and/or 
professional development up to a maximum of 6 days of the additional paid leave 
specified in clause 26(1)(b).  Attendance can only be required during one or two 








36   

 

school vacation periods in a year at the commencement or conclusion of a school 
vacation period and the employee must be provided with reasonable notice, being 
not later than four weeks into the preceding term. 

(iii) An education support class employee can only be required to perform duties 
consistent with their role(s) when required to attend during school vacation 
periods, under subclause (ii), unless the Employer and the employee otherwise 
agree. 

(iv) During a school vacation period an education support class employee at 
classification level 1 salary ranges 1 and 2 cannot be required to work in isolated 
circumstances or to attend without the presence of a responsible manager. 

(v) In addition to subclause (ii) an education support class employee and the Employer 
may agree on attendance for duty and/or professional development for any or all 
of the additional paid leave specified in clause 26(1)(b).   

(vi) Notwithstanding subclauses (ii) and (v) a position may be advertised that requires 
attendance during any or all of the additional paid leave specified in clause 
26(1)(b).  Provided that, where a position which ordinarily requires attendance for 
all of the additional paid leave specified in clause 26(1)(b) and does not attract the 
maximum leave purchase allowance specified in clause 20(8), the duties of that 
position must be commensurate with the employment arrangement. 

(vii) An education support class employee attending for duty and/or professional 
development under subclauses (ii) to (vi) will be paid the leave purchase allowance 
specified in clause 20(8) for attendance during any or all of the additional paid 
leave set out in clause 26(1)(b) and the additional paid leave entitlement reduced 
accordingly.  The maximum period of attendance under subclauses (ii) to (vi) in any 
one year is 228 hours (30 days) in total. 

(b) An education support class employee and the Employer will agree on the arrangement 
of their ordinary hours of work, including but not limited to: 

(i) daily starting and finishing times; 

(ii) the time and duration of the lunch break; 

(iii) attendance at school meetings and meetings with parents; 

(iv) in the case of part-time employment, the number of hours worked per fortnight; 

(v) flexible work arrangements. 

(c) In the absence of agreed arrangements on the arrangement of ordinary hours of work 
under subclause (5)(b), the applicable arrangement (for a full-time employee) will be:  

(i) daily start and finish times of 8:30am and 4:36pm respectively; and  

(ii) a 30-minute lunch break in accordance with subclause (6).   

(d) An employee and the Employer may agree to vary arrangements under subclause (5)(b) 
or (5)(c) at any time, however existing arrangements will not be varied without the 
agreement of the employee and the Employer. 

(e) An education support class employee can only be required to undertake normal duties 
within the hours they are paid or accrue time in lieu.  

(6) An education support class employee cannot be required to work more than five hours 
without a lunch break of a minimum duration of 30 minutes.  The lunch break is unpaid 
and free from assigned duties between the hours of 11:30am to 2:30pm unless otherwise 








37   

 

agreed under subclause (5)(b).  

(7) In exceptional circumstances where an education support class employee is required to 
undertake duties and not able to take a lunch break free from assigned duties within the 
period set out in subclause (6) that employee will be provided with an alternate break 
within five hours of the employee's commencement of work on that day.  

Time-in-Lieu  

Time-in-Lieu – teachers  
For the purposes of this clause “school activity” means a structured activity organised by the 
school such as a parent teacher meeting, camp, excursion, concert, parent information session 
or after-hours sport. 

(8) (a) (i) Subject to clause 24(11) the Employer may require a teacher to attend a school 
activity outside the normal attendance of the teacher where such attendance is 
unavoidable and reasonable notice is provided.  A teacher may request not to 
attend the school activity outside the normal attendance of the teacher where this 
will unreasonably affect the teacher’s personal or family commitments. The 
Employer may only refuse the request on reasonable grounds.  All work required 
in excess of 38 hours per week for a full-time teacher (or on a pro-rata basis for a 
part time teacher) must be documented by the Employer. 

(ii) Where duty required under subclause (8)(a) results in a teacher’s attendance in 
that week exceeding 38 hours for a full-time teacher or on a pro-rata basis for a 
part time teacher that teacher will be granted time-in-lieu for the hours in excess 
of 38 hours for a full-time teacher or the pro-rata hours of a part time teacher. 

(iii) In respect of a teacher’s attendance at a school camp, the time-in-lieu will be 
calculated on the basis of 100% time in lieu for the time the teacher is performing 
duties, and 50% during the time the teacher is on call and available to perform 
duties. 

(b) Time-in-lieu of attendance accrued under subclause (8)(a) should be granted in the 
fortnight in which it is accrued.  Where this is not possible, it may be granted at any 
other time prior to the end of the school year in which it is accrued.  Time in lieu is to 
be granted at a time that causes least disruption to the educational program of the 
school.  

(c) Where a teacher has not been granted time-in-lieu that has accrued under subclause 
(8)(a)(ii) by 1 December in the year it was accrued, that teacher may vary their 
attendance time on any school day prior to the end of that school year equivalent to 
the time owed, provided that: 

(i) Variation of a teacher’s attendance under subclause (8)(b) is subject to the teacher 
providing the principal, as the Employer’s representative, with not less than three 
working days’ notice; and 

(ii) Where the number of teachers seeking to vary their attendance time on the same 
day would otherwise result in the dismissal of students on that day, the principal, 
as the Employer’s representative, is responsible for determining the timing of the 
absences to avoid the dismissal of students. 

(d) As an alternative to time in lieu, the principal, as the Employer’s representative and the 
teacher may agree to payment for time in lieu owed at the teacher’s normal rate of pay. 

(e) Unless otherwise agreed between the principal, as the Employer’s representative, and 
the teacher, where accrued time in lieu has not been granted to a teacher by 1 March 








38   

 

of the following school year, the principal, as the Employer’s representative must: 

(i) grant time-in-lieu equivalent to the time owed, commencing immediately; or 

(ii) pay the employee for the time owed at 150% of the employee’s normal rate of pay. 

(f) The provisions of this clause takes effect from the commencement of this agreement 
with the exception of the time in lieu arrangements for school camps which will 
commence from 1 January 2023. 

Time in lieu – Education support class  

(9) (a) Subject to clause 24(11) the Employer may require an education support class employee 
to undertake work in excess of 38 hours per week where such work is unavoidable and 
reasonable notice is provided.  All work required in excess of 38 hours of work per week 
for a full-time employee (or on a pro-rata basis for a part time employee) must be 
documented by the Employer.  

(b) An education support class employee who is directed to work under subclause (a) may 
request not to do so where this would unreasonably affect personal or family 
commitments and the Employer may only refuse the request on reasonable grounds. 

(c) (i) An education support class employee is entitled to time off in lieu for work required 
under subclause (a). 

(ii) The Employer will grant time in lieu equivalent to the hours of work in excess of 38 
hours per week for a full time employee (or on a pro-rata basis for a part time 
employee) documented under subclause (a). 

(iii) The timing of the time in lieu is at the discretion of the Employer having regard to 
the operational needs of the school and the wishes of the education support class 
employee. 

(iv) As an alternative to time in lieu, the Employer and the education support class 
employee may agree to payment for time in lieu owed as follows: 

- at the education support class employee’s normal rate of pay where the time 
in lieu was for work performed within the span of hours specified in subclause 
(5)(a)(i); or 

- at 150% of the education support class employee’s normal rate of pay where 
the time in lieu was for work performed outside the span of hours specified in 
subclause (5)(a)(i). 

(v) In respect of an education support class employee’s attendance at a school camp 
the time-in-lieu will be calculated on the basis of 100% time in lieu for the time the 
education support class employee is performing duties and 50% during the time 
the education support class employee is on call and available to perform duties. 

(d) Unless otherwise agreed between the principal, as the Employer’s representative, and 
the education support class employee, where accrued time in lieu has not been granted 
to an education support class employee by 1 March of the following year the employee 
may elect to: 

(i)  take time off equivalent to the time owed, commencing immediately; or 

(ii)  receive payment at 150% of the employee’s normal rate of pay.  

Part-time employment 

(10) The time fraction of an employee employed part-time will be fixed and constant over a 
fortnightly period.  Any time fraction reduction is permanent provided that the employee 








39   

 

and the Employer may agree to a future dated time fraction increase and this agreement 
must be in writing. 

(11) An employee employed part-time and the principal, as the Employer’s representative, 
will consult regarding the days and times of attendance, including any arrangements 
regarding attendance at school activities on days other than normal days of attendance 
consistent with the requirements of subclause (8). 

(12) With the exception of arrangements agreed under subclause (11): 

(a) a teacher who works 0.4 to 0.6 time fraction cannot be required to attend for 
duty on more than three days per week; 

(b) a teacher who works 0.7 to 0.8 time fraction cannot be required to attend for 
duty on more than four days per week. 

(13) All provisions of this agreement, other than reimbursement of expenses, will apply on a 
pro rata basis to employees employed part-time.  

Release to attend interview 

(14) (a) An employee is entitled to be released from duty for the period required to attend an 
interview for an advertised position in a Victorian government school. 

(b) The principal of the school that has the vacancy and the employee will take all 
reasonable steps to ensure the timing of any release under subclause (a) occurs at a 
time that avoids or minimises the need to provide a replacement employee during 
the period of release. 

(c) Any release under subclause (a) will be regarded as authorised duty for the purposes 
of clause 27 (reimbursement of expenses). 

(d) Nothing in subclause (14) precludes an employee agreeing to be interviewed through 
an alternative medium (such as video conference). 

Release for union state councillors 

(15) Australian Education Union state councillors will be given up to 2 days per term time 
release to attend union council meetings or alternative.   

Release for lactation breaks 

(16) (a) An employee who wishes to continue breastfeeding or expressing breastmilk after 
returning to work from a period of parental leave may take reasonable paid time, not 
exceeding one hour in total per day, in addition to the lunch break.  Employees should 
be provided access to suitable facilities to facilitate breastfeeding or expressing of 
breastmilk.  

(b) An employee will provide the Employer with a request for lactation breaks, setting 
out the expected frequency, duration and timing of breaks sought, which, as far as is 
practicable, causes the least disruption to the educational program of the school.  The 
employee may seek to change the arrangement at any time.  

(c) An employee may return home or attend another location during the break as agreed 
with the Employer.  

(d) The Employer will not unreasonably refuse a request made under subclause (b) and 
(c).  

Cultural responsibility 

(17) Where an Aboriginal and/or Torres Strait Islander employee agrees to undertake work that 








40   

 

requires a cultural responsibility, the impact of that responsibility will be taken into account 
in the context of the employee’s duties and should, if appropriate, following consultation 
under clause 12, be the subject of a time release and/or a special payment.  The principal, 
as the Employer’s representative, has responsibility for determining the time release (if 
any) and/or special payment (if any) applicable for the cultural responsibility.  

 

Class Size 

25 (1) The principal, as the Employer’s representative, will use the consultation provisions of this 
agreement when determining the class sizes in a school.   

(2) It is recognised that there are varied forms of teaching arrangements (including practical 
classes, team teaching and lecture tutorials) and different structural options, (including P-
12 arrangements, senior school arrangements and senior campuses) that optimise student 
learning opportunities.  In addition, the organisation of teaching should provide and 
maintain, so far as is practicable, a working environment that is safe and without risks to 
health. 

(3) In this context, and within the fixed resources provided to schools and the physical facilities 
schedule, class size should be planned on the minimum possible subject to clause 12(5).  
Provided that class sizes should be planned on the following basis: 

(a) P to 6 - an average of 26 provided that the average class size of 21 at P-2 is maintained; 

(b) 7 to 12 – groups of up to 25 students. 

(c) Special schools should plan for the minimum class sizes possible given available 
resources, the needs of the students, and the total teaching program. 

Practical class sizes 

(4) (a) Schools are required to provide and maintain a working environment that is safe and 
minimises risks to health. 

(b) Practical class sizes should be determined having regard to available facilities, the 
nature of the activities, the nature of the equipment used, the maturity and 
competence of the students and the capabilities of the teacher to provide expert 
supervision.  

(c) A practical class includes a subject or course where the use of equipment and/or 
material of a potentially dangerous nature is involved and/or a class in which students 
are undertaking manual or other tasks requiring greater individual supervision of the 
classroom activity. 

English as an Additional Language classes 

(5) Schools should plan for the minimum English as an Additional Language class sizes possible 
given available resources, the educational needs of the students and the total teaching 
program.  

Leave 

26 For the purposes of this clause: 

• “immediate family” includes: 

(a) spouse or former spouse, de facto partner or former de facto partner, child 
(including an adult child), parent, grandparent, grandchild or sibling of the 
employee, or 








41   

 

(b) child, parent, grandparent, grandchild or sibling of the employee's spouse or de 
facto partner (or former spouse or de facto partner). 

Subclauses (a) and (b) include step-relations (such as step-parents and step-children) as 
well as adoptive relations.  

• “medical certificate” means a certificate issued by a registered health practitioner, other 
than a registered student, within the meaning of the Health Practitioner Regulation 
National Law (Victoria) Act 2009 (Vic); 

• "required document" means: 

(a) in respect of personal leave for illness or injury, a medical certificate, or, if it is not 
reasonably practicable for an employee to provide a medical certificate, a statutory 
declaration; 

(b) in respect of personal leave for carer’s purposes, a medical certificate, or a statutory 
declaration; 

• “service” means service approved by the Employer; 

• Unless otherwise specified, the entitlements of this clause apply on a pro-rata basis in 
respect of part-time service; 

• Any leave granted to an employee does not extend beyond the date that person’s 
employment would otherwise have ceased. 

Annual Leave 

(1) (a) An employee is entitled to 152 hours (20 days for a full time employee) annual leave 
in respect of each twelve months of service and accrues progressively during a year 
of service according to the employee’s ordinary hours of work.  

(b) In addition to annual leave accrued under subclause (1)(a) an education support 
class employee is entitled to additional paid leave of 228 hours (30 days).  This 
entitlement is reduced by any leave purchased under subclause 20(8). 

(c) Employees will take annual leave at such times as the Employer determines 
provided that the wishes of the employee concerned will be taken into 
consideration as far as practicable. 

(2) An employee who becomes ill or injured during a period of leave under subclause (1), and 
subject to satisfying the requirements of subclause (3), may be granted personal leave and 
have the relevant period re-credited to their entitlement under subclause (1). 

Personal Leave  

(3) Personal leave may be accessed in the event an employee is absent: 

(a) due to personal illness or injury; or 

(b) for the purposes of caring for an immediate family or household member who is 
sick or injured and requires the employee’s care or support or who requires care or 
support due to an unexpected emergency (including the circumstances set out in 
clause 26(26)(e)(ii)). 

(4) An employee will be credited with 114 hours (15 days for a full time employee) personal 
leave on full pay on commencement of employment and 114 hours (15 days for a full time 
employee) personal leave on full pay for each year of service thereafter which accrues 
progressively from the commencement of employment and will be cumulative.  Provided 
that: 








42   

 

(a) in the first year of employment an employee, who exhausts their personal leave 
credits, may access personal leave credits which would later accrue up to a maximum 
of 114 hours (15 days for a full time employee); 

(b) an employee employed for one or more fixed periods will not accrue more than 114 
hours (15 days for a full time employee) personal leave in any year. 

(5) (a) An employee may use personal leave credits to make up the difference between 
payments made by the Transport Accident Commission and the employee’s full pay. 

(b) Subject to subclause (17)(k), an employee will not be entitled to personal leave for 
personal illness or injury on account only of being pregnant but nothing in this clause 
will prevent such an employee being entitled to personal leave for an illness resulting 
from pregnancy or childbirth. 

(6) In any year where an employee has exhausted their personal leave credits, the employee 
will be granted further personal leave to care for an immediate family or household 
member with pay up to a maximum of 22.8 hours (three days for a full time employee). 

(7) (a) Applications for personal leave must be supported by a required document. 

(b) A required document in respect of personal leave for injury or illness must state that 
the employee is unfit for duty for the period of leave.  

(c) A required document in respect of personal leave for carer’s purposes must state that 
the immediate family or household member requiring care or support is suffering 
from an illness or injury which requires care or support by another or requires care or 
support due to an unexpected emergency.  

(8) Notwithstanding subclause (7) and unless otherwise approved by the Employer: 

(a) up to 38 hours (five days for a full time employee) personal leave may be granted in 
any one year without production of a required document subject to any one 
continuous absence not exceeding three days; 

(b) notwithstanding subclause (a), the Employer may require an application for personal 
leave to be supported by a required document where: 

(i) the absence occurs immediately before or after a school vacation period or a 
public holiday; 

(ii) the Employer has occasion to doubt the authenticity of an illness or injury or 
the reason for absence.  

(9) Where personal leave is granted without the production of a required document in 
circumstances not covered by this clause such leave will be without pay unless otherwise 
approved by the Employer. 

(10) (a) Subject to subclauses (7) and (8), a casual employee is entitled to not be available to 
attend work, or to leave work: 

(i) if they need to care for members of their immediate family or household who 
are sick or injured and require care and support, or who require care due to an 
unexpected emergency, or the birth of a child; or 

(ii) upon the death in Australia of an immediate family or household member. 

(b) The Employer and the employee will agree on the period for which the employee will 
be entitled to not be available to attend work.  In the absence of agreement, the 
employee is entitled to not be available to attend work for up to 72 hours (ie three 
days) per occasion.  The casual employee is not entitled to any payment for the period 








43   

 

of non-attendance. 

(c) The Employer must not fail to re-engage a casual employee because the employee 
accessed the entitlements provided for in this subclause. The rights of an Employer 
to engage or not to engage a casual employee are otherwise not affected. 

(11) (a) Where the Employer reasonably believes that an employee’s state of health may 
make the employee a danger to themselves or other employees or persons at the 
workplace, the Employer may require the employee to absent themselves from duty 
on personal leave until a medical practitioner approved by the Employer examines 
the employee and provides a report to the Employer. 

(b) A direction by the Employer under subclause (a) of this clause must: 

(i) state the reason(s) for the direction; and  

(ii) not be for a period of more than 10 working days. Provided that where the 
employee unreasonably refuses to attend a medical examination under 
subclause (a), the Employer may direct the employee to absent themselves 
from duty on personal leave until the employee attends the medical 
examination or the Employer is otherwise satisfied that the employee is fit to 
resume duty.  

(c) If the medical report discloses that the employee is unfit for duty, the employee will 
be granted such further personal leave as the medical report indicates is necessary. 

(d) If the medical report discloses that the employee is fit for duty, the personal leave 
debited as a result of a direction under this clause will be restored and the employee 
repaid any salary or wages lost as a result of the direction under subclause (a). 

War service sick leave  

(12) (a) For the purposes of this subclause “accepted war-caused disability” means accepted 
by the Department of Veterans Affairs as being a war-caused disability; 

(b) An employee who has an accepted war-caused disability, will, apart from any 
personal leave which may be standing to their credit, be credited with 114 hours (15 
days for a full time employee) war service sick leave in respect of each year of service 
from and inclusive of 1 August 1962 up to a maximum credit of 760 hours (100 days 
for a full time employee). 

(c) Where the Employer is satisfied that the illness of an employee with at least six 
months’ service is directly related to, or is aggravated by, an accepted war-caused 
disability that employee will be granted war service sick leave to the extent credited 
in accordance with subclause (b). 

Accident compensation leave 

(13) (a) If an employee sustains personal injury in circumstances where the employee is 
entitled to receive weekly payments in respect of that injury under the Workplace 
Injury Rehabilitation and Compensation Act 2013, such employee will, apart from any 
personal leave which may be standing to their credit, be granted leave on full pay, 
less the amount paid by way of weekly compensation under the Workplace Injury 
Rehabilitation and Compensation Act 2013 (Vic) during the period of incapacity 

(b) Except where the Employer approves, no leave will be granted under this clause 
which is: 

(i) in excess of a continuous period of 52 weeks inclusive of any other leave which 
may be granted with pay; or 








44   

 

(ii) in excess of an aggregate of 52 weeks in respect of a particular injury or 
incapacity. 

(c) An employee is not entitled to personal leave with pay during any period the 
employee is in receipt of weekly compensation payments under the Workplace Injury 
Rehabilitation and Compensation Act 2013 (Vic). 

Infectious Diseases 

(14) (a) An employee who has contracted an illness that is likely to be a direct result of 
exposure to an infectious disease prescribed under the regulations of the Public 
Health and Wellbeing Act 2008 (Vic) during the course of the employee’s duties, 
may be granted up to six months leave with full pay without deduction from the 
employee’s personal leave credits for the period the employee is unfit for duty. On 
resumption of duty, any employee who has less than 114 hours (15 days for a full 
time employee) of personal leave will be entitled to access not less than 114 hours 
(15 days for a full time employee) of personal leave. 

(b) To access leave under subclause (a) the employee must provide a certificate from a 
medical practitioner approved by the Employer stating that the employee has 
contracted an illness that is likely to be a direct result of exposure to a prescribed 
infectious disease during the course of the employee’s duties. 

(c) If an employee’s duties expose the employee to the risk of contracting an infectious 
disease and a medical practitioner approved by the Employer certifies that by reason 
of contact with a person suffering from an infectious disease and through the 
operation of restrictions imposed by law in respect of such disease, an employee is 
not permitted to attend their usual workplace and where working remotely is not 
reasonable, practicable and appropriate, the employee will be granted leave with full 
pay without deduction from personal leave.  The period of leave granted under this 
subclause will not extend beyond the earliest date at which it would be practicable 
for the employee to return to work having regard to the restrictions imposed by law. 

Bereavement leave 

(15) (a) Leave on full pay of up to three days may be granted to an employee on the 
occasion of the death of a member of the employee’s immediate family or 
household. 

(b) Leave, with or without pay, in excess of that specified in subclause (a) may be 
granted if the Employer is satisfied that three days is inadequate.  

Leave for jury service  

(16) An employee who is required to appear and serve as a juror under the Juries Act 2000 
(Vic) is entitled to leave with pay for the period during which their attendance at court 
is required. 

Absence for Parental Purposes 

(17) (a) An employee is entitled to be absent from duty for up to a total of seven years 
following, or in conjunction, with the birth, adoption or otherwise becoming the 
legal parent of one or more children comprising one or more of the following forms 
of leave: 

(i) Maternity leave 

(ii) Other paid parental leave 

(iii) Partner leave 








45   

 

(iv) Family leave without pay being that portion of a parental absence not covered 
by paid leave 

(v) Paid leave accrued under subclauses 26(1)(a) or (b) with respect to education 
support class employees 

(vi) Long service leave 

(b) Any period of long service leave granted during a parental absence will extend the 
maximum period of parental absence available under subclause (a). 

(c) Subject to subclause (d), a parental absence may commence at any time after an 
employee submits satisfactory medical evidence that the employee is pregnant 
(but not later than the date of birth) or, in any other case, at any time up to six 
weeks prior to the birth or adoption of the child. 

(d) Unless otherwise approved by the Employer, an employee who is pregnant is 
required to be absent from duty for the period: 

(i) six weeks before the expected date of birth of the child until six weeks after 
the actual date of birth; or 

(ii) six weeks from the date of birth if the birth occurs earlier than six weeks 
before the expected date of birth of the child. 

(e) The Employer must permit an employee to attend for duty during any part of the 
period stated in subclause (d) provided that: 

(i) the employee will be fit to perform their normal duties for the relevant period 
(proof of which is to be by medical certificate supplied by the employee); and 

(ii) the attendance sought by the employee is at a time employees ordinarily 
attend for duty. 

(f) A particular parental absence cannot extend beyond the seventh birthday of the 
child for whom the absence has been granted provided that: 

(i) the absence may be extended if this is necessary to permit resumption on the 
first school day of the following term;  

(ii) the Employer may allow an employee a further parental absence in the event 
of any subsequent pregnancy; 

(iii) the absence in respect of an adopted child can be extended beyond the 
seventh birthday of the adopted child up to a maximum of seven years or the 
sixteenth birthday of the adopted child whichever occurs first. 

(g) Excluding other paid parental leave and partner leave, only one parental absence 
may be approved for a particular child (or children in respect of a multiple birth) 
which must be a continuous absence. Provided that where two employees are 
eligible to be absent under this clause in conjunction with the birth, adoption or 
otherwise becoming the legal parent of the same child (or children in respect of a 
multiple birth):   

(i) each employee is entitled to a parental absence of seven years; 

(ii) only one parental absence may be taken per employee per child; 

(iii) excluding other paid parental leave and partner leave, or unpaid concurrent 
leave of eight weeks in accordance with the National Employment Standards, 
both employees may not be absent at the same time and the absences must 








46   

 

be contiguous.  

(h) An employee may return to duty after a parental absence: 

(i) six weeks following the birth or placement of a child or the expiration of 
maternity leave if written notice of intention to return is given to this effect 
prior to commencement of the absence; or 

(ii) on the first day of any term if written notice of intention to return is given by 
1 October in the year preceding the intended date of return; or 

(iii) at such other time as the Employer approves provided that applications on 
compassionate or hardship grounds will not be unreasonably refused. 

(i) (i) An employee with a child under school age may request to return to duty 
following a parental absence on a part-time basis to assist the employee in 
reconciling work and parental responsibilities. 

(ii) The Employer will consider the request under subclause (i) having regard to 
the employee’s circumstances and the operational needs of the school, the 
Employer may only refuse the request on reasonable grounds. 

(iii) Where an employee returns to duty on a part-time basis under subclause (i) 
that employee will revert to the time fraction the employee was working 
immediately prior to the commencement of the employee’s first period of 
parental absence when the last of the employee’s children reaches school 
age. 

(j) (i) Where an employee is pregnant and, in the opinion of a registered medical 
practitioner, illness or risks arising out of the pregnancy or hazards connected 
with the work assigned to the employee make it inadvisable for the employee 
to continue at the employee’s present work, the employee will, if there is an 
appropriate job available, be temporarily transferred to a safe job on the 
conditions attaching to that job for such period as is certified necessary by a 
registered medical practitioner. 

(ii) An employee temporarily transferred to a safe job under subclause (i) is 
entitled to be paid not less than the employee’s substantive salary 
immediately prior to the temporary transfer. 

(iii) If temporary transfer to a safe job is not practicable, the employee may elect, 
or the Employer may require the employee, to be absent on leave for such 
period as is certified necessary by a registered medical practitioner. 

(k) An employee who is pregnant will be granted paid leave to a maximum of thirty 
eight hours to attend routine medical appointments associated with that 
pregnancy, provided that the employee:  

(i) provides a medical certificate certifying the employee is pregnant;  

(ii) provides a certificate of attendance for each appointment; and 

schedules appointments, where possible, at times that minimise the requirement 
to engage replacement staff for the period of absence. 

(l) An employee whose spouse is pregnant may access paid leave to a maximum of 
15.2 hours for the period of the pregnancy to enable the employee’s attendance 
at routine medical appointments associated with the pregnancy, provided that: 

(i) the employee provides a medical certificate certifying the employee’s spouse 








47   

 

is pregnant; 

(ii) the employee provides a certificate of attendance for each appointment; and 

(iii) appointments are scheduled, where possible, at times that minimise 
disruption to the school and/or the requirement to engage replacement staff 
for the period of the absence. 

(m) Notwithstanding subclause (a), where the pregnancy of an employee terminates 
or results in a stillborn birth after more than 12 weeks, the employee will be 
entitled to an absence of six months following the termination, inclusive of any 
period of maternity leave, or such longer period as may be medically certified. 

(n) (i) An employee is entitled to have superannuation contributions made in 
respect of the period of the employee’s parental absence for which they are 
the primary caregiver which occurs on or after the commencement of this 
agreement. 

(ii) The Employer will pay the superannuation contributions as a lump sum to the 
employee’s fund. 

(iii) The quantum of superannuation contributions payable under this clause will 
be calculated based on:  

- the number of weeks of the employee’s parental absence for which they 
are the primary caregiver, capped at 52 weeks;  

- the employee’s normal rate of pay; and  
- the applicable contribution rate under the Superannuation Guarantee 

Administration Act 1992 (Cth) at the time the payment is made. 

(iv) Payment will be made at the conclusion of the 52-week period, provided the 
employee continues to be employed at that time. This does not preclude 
payments during the 52-week period where this is operationally more 
efficient for the Employer.  

Maternity leave 

(18) (a) An employee is entitled to maternity leave with or without pay for a continuous 
period of sixteen weeks commencing from the date the employee commenced an 
absence from duty under clause (17)(d).  Where the pregnancy of an employee 
terminates more than twenty weeks before the expected date of birth, the 
employee has no entitlement to leave under this subclause but may be eligible for 
personal leave under clause (5)(b) or to leave under section 80 of the Fair Work Act 
2009 (Cth). 

(b) (i) The employee is eligible for paid maternity leave if the employee has had 26 
or more weeks qualifying service within the 52 weeks immediately preceding 
the date the employee commenced an absence from duty under subclause 
(17)(d).  The period during which an employee attends for duty within the 
periods specified by subclauses (17)(d)(i) and (ii) will not be included as part of 
the 26 weeks qualifying service. 

(ii) An employee may elect to take paid maternity leave on full or half pay or a 
combination of both. Provided that an employee who elects to take some or all 
of their paid maternity leave at half pay must notify the Employer of this 
intention prior to commencing leave unless otherwise agreed between the 
employee and the Employer. 

(c) For the purposes of subclause (b) qualifying service means: 








48   

 

(i) any duty as an employee other than any period of employment on a casual 
basis; 

(ii) any leave with pay approved by the Employer; 

(iii) any leave without pay approved by the Employer to count as qualifying service; 

(iv) any other service approved by the Employer to count as qualifying service. 

(d) While on maternity leave with pay, an employee will be paid at: 

(i) the time fraction which the employee was working immediately before 
commencing maternity leave; or 

(ii) the time fraction immediately prior to commencing long service leave, if the 
employee ceases long service leave on half pay immediately before 
commencing the parental absence under subclause 17(c). 

(e) An employee who is eligible for paid leave under this subclause and subclause (13) in 
respect of a maternity leave absence is entitled to maternity leave with pay in 
accordance with this clause less the amount paid by way of weekly compensation 
under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and has 
no further entitlement to leave under subclause (13) during the maternity leave 
period. 

(f) (i) An ongoing employee, other than an education support class employee, 
whose period of paid maternity leave expires during a school vacation period 
is entitled to receive their pay for the remainder of that vacation period 
provided the employee has provided notice under subclause (17)(h)(i) and 
returns to duty. 

(ii) A fixed term employee, other than an education support class employee, whose 
period of employment concludes on or before the end of a school vacation 
period and after the period of paid maternity leave expires is entitled to receive 
pay for the remainder of the period of fixed term employment should that 
employee have no further offer of employment. Where there is a further offer 
of employment, which has been accepted, the employee has the option of 
resuming duty and receiving salary for the remainder of the school vacation 
period or continue their parental absence. 

Other paid parental leave 

(19) (a) An employee who is granted parental responsibility and is the primary caregiver of 
a child:  

(i) following the adoption of a child;  

(ii) under a surrogacy arrangement;  

(iii) through a permanent care order; or  

(iv) in such other circumstances approved by the Employer where that employee 
is not otherwise entitled to paid parental leave under this clause  

will be entitled, on submitting evidence of the date of placement of the child or the 
date the employee is granted parental responsibility, to paid leave for sixteen 
weeks commencing not more than six weeks prior to that date. The conditions for 
granting and payment of leave under this clause are the same as are specified in 
subclauses (18)(b)-(d)  

(b) Where no legal adoption ensues or no action is taken to register the baby’s birth if 








49   

 

required under state/territory law, the employee has no further entitlement to 
leave under this clause (19). 

(c) Where two employees apply for leave under this clause in respect of the same child 
(or children, as the case may be) each employee is entitled to leave with pay for 
eight weeks commencing on the date of placement of the child or the date the 
employees are granted parental responsibility of the child (or children, as the case 
may be). 

(d) (i) An ongoing employee, other than an education support class employee, 
whose period of paid leave under this clause expires during a school vacation 
period is entitled to receive their pay for the remainder of that vacation period 
provided the employee returns to duty immediately after the vacation.   

(ii) A fixed term employee, other than an education support class employee, whose 
period of employment concludes on or before the end of a school vacation 
period and after the period of paid leave under this subclause (19) expires is 
entitled to receive pay for the remainder of the period of fixed term 
employment should that employee have no further offer of employment. 
Where there is a further offer of employment, which has been accepted, the 
employee has the option of resuming duty and receiving salary for the 
remainder of the school vacation period or to proceed onto unpaid family leave. 

(e) An employee who is eligible for paid leave under this subclause and subclause (13) 
at the same time is entitled to paid leave under this subclause less the amount paid 
by way of weekly compensation under the Workplace Injury Rehabilitation and 
Compensation Act 2013 (Vic) and will have no further entitlement to leave under 
subclause (13) during that period. 

(f) An Employee who provides short-term foster or kinship care as the primary 
caregiver to a child who cannot live with their parents as a result of an eligible child 
protection intervention is entitled to up to two days paid leave on up to five 
occasions per child following the placement of the child with the employee.  

(i) For the purposes of this clause, 'foster and kinship care' includes:  

− Foster Caring, which is the temporary care of a child of up to 18 years 
of age on a short-term basis by an Employee who is an accredited foster 
carer. 

− Kinship Care, which is temporary care provided by an Employee who is 
a relative or a member of the child's social network when the child 
cannot live with their parents. 

− Aboriginal Kinship Care, which is temporary care provided by an 
Employee who is a relative or friend of an Aboriginal child who cannot 
live with their parents, where Aboriginal family and community and 
Aboriginal culture are valued as central to the child’s safety, stability 
and development. 

(ii) Eligible child protection interventions include emergency respite and short-
term or long-term placements on a non-permanent basis, as issued by the 
Victorian Department of Health and Human Services, the Children’s Court or 
other similar federal, state or judicial authority. 

(g) An employee who is eligible for paid leave under this subclause (19) and subclause 
(20) is entitled to leave under this subclause and will have no further entitlement 
to leave under subclause (20).  








50   

 

Partner leave 

(20) (a) An employee who submits satisfactory evidence that the employee has accepted 
parental responsibility for a child but is not the primary caregiver (or children in 
respect of a multiple birth) will be granted leave with pay, at the rate the employee 
would have received but for the absence on partner leave, for up to 152 hours 
(twenty days in respect of a full time employee), to care for such child (or children 
in respect of a multiple birth) and/or primary caregiver of the child. 

(b) Partner leave must be taken in the period commencing one week before the 
expected date of birth of the child (or children in respect of a multiple birth) and 
concluding six weeks after the actual date of birth. Partner leave can be taken in 
separate periods within that time frame. 

(c) An employee who is eligible for paid leave under this subclause and subclause (13) 
in respect of a partner leave absence is entitled to partner leave with pay in 
accordance with this subclause less the amount paid by way of weekly 
compensation under the Workplace Injury Rehabilitation and Compensation Act 
2013 (Vic) and will have no further entitlement to leave under subclause (13) during 
the partner leave period. 

(d) An employee is not eligible for paid leave under this clause if that employee is also 
eligible for leave under subclauses (18) or (19) in respect of the same child (or 
children in respect of a multiple birth). 

Long service leave  

(21) (a) An employee is entitled to long service leave in accordance with the provisions of 
section 2.4.25 of the Education and Training Reform Act 2006 (Vic) (or its successor) 
with long service leave accruing at the rate of 495.6967 hours (three months) after 
ten years full time service and at the rate of 247.84835 hours (one and a half 
months) for each completed five years of service thereafter. 

(b) In addition to the provisions of section 2.4.25 of the Education and Training Reform 
Act 2006 (Vic) (or its successor), an employee may access their long service leave 
entitlements on a pro-rata basis after seven years’ service and is eligible for pay in 
lieu of the pro-rata entitlement on termination of employment.  

(c) An employee may elect to utilise some or all of their long service leave entitlement 
at half pay. 

(d) An employee may apply to commute a portion of long service leave credits to 
salary.  Except in special circumstances such as financial hardship, commutation of 
long service leave credits to salary will only be available in conjunction with a long 
service leave absence of 228 hours (six weeks) or more. 

(e) Except where otherwise determined by the Employer, allowances payable under 
this agreement which meet the following criteria are payable during long service 
leave: 

(i) the allowance is of a continuing and ongoing nature; and 

(ii) the employee has been in receipt of the allowance for a continuous period of 
12 months immediately prior to the commencement of the leave; and 

(iii) the employee would have continued to receive the allowance but for the 
employee’s absence on leave. 

(f) Long service leave absences may be for any period not exceeding the long service 

-








51   

 

leave credits available to an employee. 

Spouse leave  

(22) (a) Leave without pay from three months to 12 months will be granted once every 
three years to an employee whose spouse, as a consequence of pursuing their 
occupation, is required to shift residence interstate or overseas. 

(b) Leave without pay from three months to 12 months may be granted once every 
three years to an employee: 

(i) whose spouse is travelling interstate or overseas; or 

(ii) whose spouse is transferred within Victoria where no employment in the 
teaching service can be offered to the employee at the new location; or 

(iii) whose spouse is also an employee and is granted long service leave, provided 
that spouse leave may be granted for the period of long service leave 
granted. 

(c) Employees granted leave under subclauses (a) or (b) must resume duty at the start 
of the school term following the expiration of the spouse leave. 

(d) Notwithstanding subclauses (a) and (b), the Employer may approve such other 
period of leave and may approve more than one grant of leave in any three year 
period. 

(e) Leave without pay granted under this subclause (22) does not count as service for 
any purpose but does not break the continuity of an employee’s service. 

Sabbatical leave  

(23) (a) The Employer may grant an employee sabbatical leave on 80% of salary subject to 
the employee agreeing to have their annual salary reduced by 20% for the relevant 
work period, and the employee entering an agreement with the Employer covering 
the terms and conditions of the sabbatical leave. 

(b) Unless otherwise approved by the Employer, sabbatical leave must be taken 
immediately following the completion of the relevant work period during which 
salary was reduced under subclause (a). 

Cultural and Ceremonial Leave  

(24) (a) For the purposes of this subclause (24) “extended family” has a meaning that 
recognises that extended families exist within Aboriginal and/or Torres Strait 
Islander society and obligations of Aboriginal and/or Torres Strait Islander 
employees may exist regardless of the existence of a bloodline relationship or 
not. Family also extends to cover relationships where there is a close association, 
which need not be a blood relationship. 

NAIDOC Week Leave 

(b) (i) An Aboriginal and/or Torres Strait Islander employee is entitled to one day 
of paid leave per calendar year to participate in National Aboriginal and 
Islander Day Observance Committee (NAIDOC) week activities and events.  

(ii) NAIDOC week leave will not accrue from year to year and is not paid out on 
termination of employment.  

Leave to attend Aboriginal community meetings  

(c) The Employer may approve attendance during working hours by an Aboriginal 








52   

 

and/or Torres Strait Islander employee at any Aboriginal community meetings, 
except the Annual General Meetings of Aboriginal community organisations at 
which the election of office bearers will occur.  

Leave to attend Annual General Meetings of Aboriginal community organisations 

(d) The Employer may grant an Aboriginal or Torres Strait Islander employee accrued 
long service leave or other leave to attend Annual General Meetings of Aboriginal 
community organisations at which the election of office bearers will occur. 

Ceremonial leave  

(e) Ceremonial leave will be granted to an Aboriginal and/or Torres Strait Islander 
employee for ceremonial purposes:  

(i) connected with the death of a member of the immediate family or extended 
family (provided that no employee shall have an existing entitlement 
reduced as a result of this clause); or  

(ii) for other ceremonial obligations.  

(f) Where leave is taken for the purposes outlined in this subclause, up to three days 
in each year of employment will be with pay. Paid leave will not accrue from year 
to year and is not paid out on termination of employment.  

(g) Leave granted under this clause is in addition to bereavement leave. 

(h) Where paid leave granted under this clause is not sufficient the employee may 
access any accrued long service leave, outstanding time-in lieu, or unpaid leave in 
accordance with the requirements of those entitlements. 

Leave to participate in the First Peoples’ Assembly of Victoria 

(i) (i) An employee who is a member of the First Peoples’ Assembly of Victoria is 
entitled to up to 10 days' paid leave per calendar year to fulfil their official 
functions during their term of office. 

(ii) Leave will be available to attend sessions of the First Peoples’ Assembly of 
Victoria, participate in constituent consultation relevant to their role or for 
any other ancillary purpose as agreed with the Employer. 

(iii) Where in any calendar year an employee exhausts their entitlement under 
this clause the Employer may grant further paid or unpaid leave to support 
the employee’s representative functions.  

(iv) The employee may also utilise flexible working arrangements, in addition to 
leave provided in this clause, to help support their representative functions, 
with the agreement of the Employer. 

(v) Leave under this clause will not accrue from year to year and is not paid out 
on termination of employment. 

Public Holidays 

(25) An employee (other than a casual employee) is entitled to holidays on the following 
days:  

(a) 1 January (New Year's Day).  Where New Year’s Day falls on a Saturday or 
Sunday, a holiday in lieu thereof will be observed on the next Monday 

(b) 26 January (Australia Day). Where Australia Day falls on a Saturday or 
Sunday, a holiday in lieu thereof will be observed on the next Monday 








53   

 

(c) the second Monday in March (Labour Day) 

(d) Good Friday 

(e) Easter Saturday 

(f) Easter Sunday 

(g) Easter Monday 

(h) 25 April (ANZAC Day) or any substitute day proclaimed by the State of 
Victoria. 

(i) the second Monday in June (Queen’s Birthday) 

(k) the Friday before the Australian Football League Grand Final  

(l) the first Tuesday in November (Melbourne Cup Day) or such other day as is 
gazetted under the Public Holidays Act 1993 (Vic) as a day in lieu of 
Melbourne Cup Day in a particular non metropolitan municipal district. 

(m) 25 December (Christmas Day).  Where Christmas Day falls on a Saturday or a 
Sunday, a holiday in lieu thereof will be observed on 27 December 

(n) 26 December (Boxing Day).  Where Boxing Day falls on a Saturday or a 
Sunday, a holiday in lieu thereof will be observed on 28 December. 

Family violence leave  

General Principle 

(26) (a) (i) The Employer recognises that employees sometimes face situations of 
violence or abuse in their personal life that may affect their attendance or 
performance at work. Therefore, the Employer is committed to providing 
support to staff that experience family violence. 

(ii) Leave for family violence purposes is available to employees who are 
experiencing family violence to allow them to be absent from the workplace to 
attend counselling appointments, legal proceedings and other activities related 
to, and as a consequence of, family violence. 

Definition of Family Violence 

(b) Family violence includes physical, sexual, financial, verbal or emotional abuse by a 
family member as defined by the Family Violence Protection Act 2008 (Vic). 

Eligibility 

(c) (i) Leave for family violence purposes is available to all employees with the 
exception of casual employees. 

(ii) Casual employees are entitled to access leave without pay for family violence 
purposes. 

General Measures 

(d) (i) Evidence of family violence may be required and can be in the form of an agreed 
document issued by the Police Service, a Court, a registered health practitioner, 
a Family Violence Support Service, district nurse, maternal and health care nurse 
or Lawyer. A signed statutory declaration can also be offered as evidence.  

(ii) All personal information concerning family violence will be kept confidential in 
line with the Employer’s policies and relevant legislation. No information will be 
kept on an employee’s personnel file without their express written permission. 








54   

 

(iii) No adverse action will be taken against an employee if their attendance or 
performance at work suffers as a result of experiencing family violence. 

(iv) The Employer will identify contact/s within the workplace who will be trained in 
family violence and associated privacy issues. The Employer will advertise the 
name of any Family Violence contacts within the workplace. 

(v) An employee experiencing family violence may raise the issue with their 
immediate supervisor, Family Violence contacts, or union delegate. The 
immediate supervisor may seek advice from the Family Violence contact if the 
employee chooses not to see the Family Violence contact. 

(viil) Where requested by an employee, the Employer will liaise with the Employee’s 
manager on the Employee’s behalf, and will make a recommendation on the 
most appropriate form of support to provide in accordance with clauses (e) and 
(f). 

(viii) The Employer will develop guidelines to supplement this clause and which 
details the appropriate action to be taken in the event that an employee reports 
family violence. 

Leave 

(e) (i) An employee experiencing family violence will have access to 20 days per year 
of paid special leave for medical appointments, legal proceedings and other 
activities related to family violence (this leave is not cumulative but if the leave 
is exhausted consideration will be given to providing additional leave). This leave 
will be in addition to existing leave entitlements and may be taken as 
consecutive or single days or as a fraction of a day and can be taken without 
prior approval. 

(ii) An employee who supports a person experiencing family violence may utilise 
their personal/carer’s leave entitlement to accompany them to court, to 
hospital, or to care for children. The Employer may require evidence consistent 
with clause (f) from an employee seeking to utilise their personal/carer’s leave 
entitlement.  

Individual Support 

(f) (i) In order to provide support to an employee experiencing family violence and to 
provide a safe work environment to all employees, the Employer will approve 
any reasonable request from an employee experiencing family violence for: 

• temporary or ongoing changes to their span of hours or pattern of hours 
and/or shift patterns; 

• temporary or ongoing job redesign or changes to duties; 

• temporary or ongoing relocation to suitable employment; 

• a change to their telephone number or email address to avoid harassing 
contact; 

• any other appropriate measure including those available under existing 
provisions for family friendly and flexible work arrangements. 

(ii) Any changes to an employee’s role should be reviewed at agreed periods. When 
an employee is no longer experiencing family violence, the terms and conditions 
of employment may revert back to the terms and conditions applicable to the 
employee’s substantive position.  








55   

 

(iii) An employee experiencing family violence will be offered access to the 
Employee Assistance Program (EAP) and/or other available local employee 
support resources. The EAP will include professionals trained specifically in 
family violence. 

(iv) An employee that discloses that they are experiencing family violence will be 
given information regarding current support services. 

Leave to Attend Trade Union Training Courses 

(27) (a) An employee who has been nominated by a union to attend a trade union training 
course will be granted up to five days leave in any one calendar year to enable 
attendance. An Employee may be granted paid leave under this clause in excess of 
five days and up to ten days in any one calendar year subject to the total leave 
taken in that calendar year and in the subsequent calendar year not exceeding ten 
days. 

(b) Trade union training leave will be granted with pay where: 

(i) the leave will not cause undue disruption to the school's program; 

(ii) arrangements could not be made to attend training out of hours; 

(iii) the proposed training is of benefit to the Teaching Service or the school; 

(iv) suitable relief arrangements can be arranged at the union's expense. 

(c) In all other cases, trade union training leave will be granted without pay subject to 
suitable relief arrangements being available. 

Grandparent leave  

(28) An employee is entitled to a period of up to 52 weeks' continuous unpaid grandparent 
leave in respect of the birth or adoption of a grandchild of the employee in order to 
provide care and assistance to the parent or grandchild and may use any annual leave 
or long service leave entitlements at full or half pay which they have accrued. 

General 

(29) The Employer may grant leave with or without pay subject to such terms and 
conditions as the Employer thinks fit in any particular case for any purpose not covered 
in this Agreement. 

Reimbursement of Expenses 

27 (1) The Employer will reimburse the employee reasonable out of pocket expenses 
actually and necessarily incurred in the course of their authorised duties. 

(2) The Employer must apply the rulings of the Commissioner of Taxation (Australian 
Taxation Office) relating to reasonable allowances in determining the maximum rates 
payable, unless otherwise approved by the Employer. 

(3) The amount of an expense will be considered reasonable where it does not exceed the 
relevant amounts set by the Australian Taxation Office as adjusted from time to time. 

(4) For the purposes of this clause the Employer will determine the work location for an 
employee whose place of work is not fixed but is variable. 

Allowable expenses 

(5) Allowable expenses include: 

(a) travelling, accommodation, meals and other incidental expenses associated with 








56   

 

an overnight absence from home or part day duties away from the normal work 
location; and 

(b) expenses incurred in using private mobile and home phones in accordance with 
subclause (6); and 

(c) expenses incurred in using private vehicles in accordance with subclause (7). 

Private phone use 

(6) (a) An employee, required to use their private mobile phone or home phone in the 
course of their employment, will be reimbursed for work-related calls. 

(b) The employee must obtain the prior approval of the Employer before using their 
private mobile or home phone during the course of their employment. 

(c) Following use, the employee must submit an itemised statement of the calls made 
and their cost. 

Private motor vehicle use 

(7) (a) An employee, required to use their private motor vehicle in the course of their 
employment, will be reimbursed for kilometre costs and any other motor vehicle 
reimbursement expenses incurred in the course of the employee’s employment 
and authorised by the Employer. 

(b) The employee must obtain the prior approval of the Employer before using their 
private motor vehicle during the course of their employment.  

(c) Following use, the employee must submit a declaration stating the date, the 
purpose of the trip, the number of kilometres travelled and the type of vehicle 
used. 

(d) The rates payable in respect of motor kilometre costs will be the rates determined 
by the Australian Taxation Office from time to time. 

Removal expenses  

(8) An ongoing employee who is required to relocate their residence owing to: 

(a) promotion to an advertised vacancy; 

(b) transfer following an official instruction; 

(c) transfer to an advertised vacancy after having served for at least five years in the 
one school or location or at least four years in a school designated by the Employer 
as remote; or 

(d) redeployment, as an excess employee 

will be reimbursed expenses incurred for travel, meals, accommodation at the rates 
specified in subclauses (1) to (3) and the cost of removal of household and personal 
belongings by the most direct route in respect of the employee and their dependants 
including the cost of comprehensive insurance cover for those items whilst in transit, 
up to a maximum cover of $55,000 or such higher amount approved by the Employer. 

(9) Unless otherwise approved by the Employer, an employee is not eligible for 
reimbursement of removal expenses under subclause (8) in the case of: 

(a) a transfer arising from the request, fault, or misconduct of an employee; or 

(b) relocation from place to place within Ballarat, Bendigo, Geelong or within the 
Melbourne metropolitan area. 








57   

 

(10) Where more than one employee is eligible to be reimbursed removal expenses in 
respect of the one relocation, only one employee is entitled to be reimbursed removal 
expenses. 

(11) An employee promoted or transferred in circumstances provided in subclauses (8)(a), 
(b) or (d), other than an employee who is not entitled to be reimbursed under subclause 
(9), will be paid: 

(a) a re-establishment allowance of: 

(i) an employee without dependants - $541; or 

(ii) an employee with dependants - $1,083 

provided that, where more than one employee is eligible to be reimbursed removal 
expenses in respect of the same relocation, the total allowance paid under this 
subclause will not exceed $1,083. 

(b) the reasonable cost of stamp duty paid on purchase of a residence or land for the 
purpose of erecting a residence for their own permanent occupation at the new 
location provided that the employee: 

(i) sells a residence at their old location; 

(ii) enters into occupation of a residence at the new location within 15 months of 
the effective date of the promotion or transfer; and 

(iii) provides satisfactory evidence of expenditure. 

(c) Reimbursement under subclause (b) will not be made where the employee 
occupies a government residence at the new location. 

(12) An employee who owns a motor vehicle(s) that is used for transport to the new location 
will be reimbursed at the appropriate rate prescribed in subclause (7). 

Dispute Resolution Procedures 

28 (1) Unless otherwise provided for in this Agreement, a dispute or grievance about a matter 
arising under this Agreement or in relation to matters covered by the National 
Employment Standards, other than termination of employment, must be dealt with in 
accordance with this clause.  

(2) This clause does not deal with the renegotiation of any workplace agreement.  

(3) A person bound by this Agreement may choose to be represented at any stage by a 
representative, including a union representative or Employer’s organisation. 

Obligations  

(4) The parties to the dispute or grievance, and their representatives, must genuinely 
attempt to resolve the dispute or grievance through the processes set out in this clause 
and must cooperate to ensure that these processes are carried out expeditiously.  

(5) Whilst a dispute or grievance is being dealt with in accordance with this clause, work 
must continue in accordance with usual practice, provided that this does not apply to 
an employee who has a reasonable concern about an imminent risk to their health or 
safety, has advised the Employer of this concern and has not unreasonably failed to 
comply with a direction by the Employer to perform other available work that is safe 
and appropriate for the employee to perform.  

(6) No person bound by the Agreement will be prejudiced as to the final settlement of the 
dispute or grievance by the continuance of work in accordance with this clause. 








58   

 

 

Discussion of dispute 

(7) The dispute must first be discussed by the aggrieved employee(s) with the Employer’s 
representative at the workplace.  

(8) Where a dispute remains unresolved, the matter will be documented and referred to 
the Employer who will consult with the parties and endeavour to resolve the matter.  
The parties will be informed of the outcome in writing. 

Internal process  

(9) If any party to the dispute or grievance who is bound by the Agreement refers the 
dispute or grievance to an established internal dispute or grievance resolution process, 
the matter must first be dealt with in accordance with that process.  

(10) If the dispute or grievance is not settled through an internal dispute or grievance 
resolution process, the matter can be dealt with in accordance with the processes set 
out in subclauses (12) and (13) or subclauses (14) and (15) as appropriate. 

(11) If the matter is not settled, the Employer or a union bound by the Agreement and 
chosen as the employee representative may apply to the Fair Work Commission to have 
the dispute or grievance dealt with by conciliation. 

Disputes of a Collective Character  

(12) The parties bound by the Agreement acknowledge that disputes of a collective 
character concerning more than one employee may be dealt with more expeditiously 
by an early reference to the Fair Work Commission.  

(13) No dispute of a collective character may be referred to the Fair Work Commission 
directly unless there has been a genuine attempt to resolve the dispute in accordance 
with subclauses (4) to (6) prior to it being referred to the Fair Work Commission. 

Unresolved Disputes 

(14) If a dispute in relation to a matter arising under the agreement is unable to be resolved 
at the workplace, and the steps set out in subclauses (1) to (13) have been taken, the 
dispute may be referred to the Fair Work Commission for resolution by mediation 
and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If 
arbitration is necessary the Fair Work Commission may exercise the procedural powers 
in relation to hearings, witnesses, evidence and submissions which are necessary to 
make the arbitration effective. 

(15) The decision of the Fair Work Commission will bind the parties, subject to either party 
exercising a right of appeal against the decision to a Full Bench. 

Consultation - major changes and changes to regular rosters and ordinary hours of work 

29 (1) This clause applies if the Employer: 

(a) 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 employees; or 

(b) proposes to introduce a change to the regular roster or ordinary hours of work of 
employees (other than employees who have irregular, sporadic or unpredictable 
working hours).   

Consultation in relation to major change 








59   

 

(2) As soon as practicable, the Employer will:  

(a) discuss with the relevant employees and their representatives (if any): 

(i) the introduction of the change;  

(ii) the effect the change is likely to have on the employees; and 

(iii) the measures being taken to avert or mitigate the adverse effect of the change 
on the employees; and 

(b) for the purposes of that discussion, provide the relevant employees and their 
representatives (if any) with information, in writing, about the nature of the change 
and the expected effects of the change on the employees.   

However, the Employer is not required to disclose confidential or commercially 
sensitive information to the relevant employees or their representatives (if any).   

Consultation in relation to changes to regular rosters and ordinary hours of work 

(3) As soon as practicable, the Employer will:  

(a) provide the relevant employees and their representatives (if any) with information 
about the proposed change;  

(b) invite the relevant employees and their representatives (if any) to give their views 
about the impact of the proposed change (including any impact in relation to their 
family or caring responsibilities); and 

(c) consider any views given by the relevant employees and their representatives (if 
any) about the impact of the change.   

Representation 

(4) The relevant employees may appoint a representative for the purpose of consultation 
in accordance with this clause.  Where a relevant employee appoints a representative 
for this purpose and advises the Employer of the identity of that representative, the 
Employer will recognise that representative.   

Definitions 

(5) For the purpose of this clause 29: 

“relevant employees” means employees who may be affected by a change 
referred to in clause 29(1); 

“significant effect” means: 

(a) the termination of employment of employees (other than in the case of 
redundancy);  

(b) a major change to the composition, operation or size of the Employer’s workforce 
or the skills required of employees;  

(c) the elimination or diminution of job opportunities (including opportunities for 
promotion or tenure); 

(d) the alteration of hours of work;  

(e) the need to retrain employees;  

(f) the need to relocate employees to another workplace; or 

(g) the restructuring of jobs, 








60   

 

provided that where this agreement makes provision for alteration of any 
of these matters an alteration is deemed not to have significant effect.   

Electronic Communications 

30 Electronic communications will be consistent with Department policy provided that employees 
are allowed reasonable access to electronic communication and photocopying to facilitate 
communication between employees and their representatives, which may include a union, on 
matters pertaining to the employer/employee relationship. 

Flexible Work 

31 The parties recognise the importance of flexible work arrangements and family friendly work 
practices in maintaining a diverse, adaptive and high performing workforce.  The success of 
flexible work arrangements requires 'give and take' and a shared responsibility between the 
Employer and employee to make the arrangements work. 

Individual Flexibility Arrangement 

32 (1) An employee and the Employer may agree to make an individual flexibility arrangement 
pursuant to this clause to vary the effect of terms of this agreement in order to meet 
the genuine needs of the employee and Employer.  An individual flexibility arrangement 
must be genuinely agreed to by the employee and the Employer. 

(2) The Employer must ensure that the terms of the individual flexibility arrangement: 

(a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth);  

(b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth);  

(c) result in the employee being better off overall than the employee would be if 
no arrangement was made. 

(3) The Employer must ensure that the individual flexibility arrangement: 

(a) is in writing;  

(b) includes the name of the Employer and employee;  

(c) is signed by the Employer and employee and if the employee is under 18 years of 
age, signed by a parent or guardian of the employee;  

(d) includes details of:  

(i) the terms of the enterprise agreement that will be varied by the arrangement;  

(ii) how the arrangement will vary the effect of the terms;  

(iii) how the employee will be better off overall in relation to the terms and 
conditions of their employment as a result of the arrangement; and 

(e) states the day on which the arrangement commences. 

(4) The Employer must give the employee a copy of the individual flexibility arrangement 
within 14 days after it is agreed to. 

(5) The Employer or employee may terminate the individual flexibility arrangement: 

(a) by giving no more than 28 days written notice to the other party to the 
arrangement; or 

(b) if the Employer and employee agree in writing - at any time. 

(6) The terms which may be varied by agreement under this clause are any clauses of the 
agreement about one or more of the following matters: 








61   

 

(a) arrangements about when work is performed; 

(b) overtime rates; 

(c) penalty rates; 

(d) allowances;  

(e) leave loading. 

Supported Wage  

33 The Supported Wage System set out in Schedule 6 applies to an employee who is unable to 
perform the range of duties to the competence level required within the employee’s class of 
work, because of the effects of a disability on the employee’s productive capacity and who meets 
the impairment criteria for receipt of a disability support pension. 

Abandonment 

34 (1) If a fixed term employee is absent for more than 20 working days: 

(a) in circumstances where the Employer could not reasonably, after due enquiry, have 
been aware of any reasonable grounds for the absence; and 

(b) without the permission of the Employer; and 

(c) without contacting the Employer to provide an explanation for the absence; 

the Employer is entitled to treat the employee as having resigned and the 
employment as having been terminated by the employee at the employee’s initiative. 

(2) (a) A former employee, who considers their employment should not have been 
terminated may refer the matter to the Merit Protection Board for determination 
in accordance with the requirements from time to time of that body.  

(b) Where the Merit Protection Board has jurisdiction to review a decision that is the 
subject of a grievance instituted by an employee, this clause should not be 
construed to require any action to be taken on the grievance other than that which 
may be determined by the Merit Protection Board. 

Notice of Termination 

35 (1) Notice of termination is provided for in the National Employment Standards. The notice 
periods in this clause supplement the provision in the National Employment Standards 
which deal with termination of employment. 

(2) Subject to any entitlement to a longer period of notice under the National Employment 
Standards, the employment of an employee will not be terminated without at least four 
weeks' notice (inclusive of the notice required under the National Employment 
Standards).  

(3) An exercise of the power under section 2.4.61A of the Education and Training Reform 
Act 2006 (Vic) must be consistent with the principles of natural justice. 

 

  








62   

 

SCHEDULE 1 

Salary Rates 

Employees will be paid the rates appropriate to their classification as follows: 

PRINCIPAL CLASS 

1.1 Principal class employees will be paid the salary set out in the tables below: 

(a) Principals will be paid within salary ranges 2 to 6 as follows: 

Range Effective from the first pay period on or after 

 24/12/21 1/01/22 1/07/22 1/01/23 1/07/23 1/01/24 1/07/24 1/01/25 1/07/25 

Range 6          

6-4 $220,413 $222,617 $224,844 $227,092 $229,363 $231,657 $233,973 $236,313 $238,676 

6-3 $216,091 $218,252 $220,435 $222,639 $224,866 $227,114 $229,385 $231,679 $233,996 

6-2 $211,854 $213,973 $216,113 $218,274 $220,456 $222,661 $224,888 $227,136 $229,408 

6-1 $207,700 $209,777 $211,875 $213,994 $216,134 $218,295 $220,478 $222,683 $224,910 

Range 5          

5-4 $203,627 $205,664 $207,720 $209,797 $211,895 $214,014 $216,154 $218,316 $220,499 

5-3 $199,635 $201,631 $203,647 $205,684 $207,741 $209,818 $211,916 $214,035 $216,176 

5-2 $195,720 $197,678 $199,654 $201,651 $203,667 $205,704 $207,761 $209,839 $211,937 

5-1 $191,883 $193,802 $195,740 $197,697 $199,674 $201,671 $203,688 $205,724 $207,782 

Range 4          

4-4 $185,991 $187,851 $189,729 $191,626 $193,543 $195,478 $197,433 $199,407 $201,401 

4-3 $181,987 $183,807 $185,645 $187,502 $189,377 $191,270 $193,183 $195,115 $197,066 

4-2 $178,070 $179,851 $181,649 $183,466 $185,300 $187,153 $189,025 $190,915 $192,824 

4-1 $174,236 $175,978 $177,738 $179,515 $181,310 $183,123 $184,955 $186,804 $188,672 

Range 3          

3-4 $170,485 $172,190 $173,912 $175,651 $177,408 $179,182 $180,974 $182,783 $184,611 

3-3 $167,251 $168,924 $170,613 $172,319 $174,042 $175,783 $177,540 $179,316 $181,109 

3-2 $163,651 $165,288 $166,941 $168,610 $170,296 $171,999 $173,719 $175,456 $177,211 

3-1 $160,128 $161,729 $163,347 $164,980 $166,630 $168,296 $169,979 $171,679 $173,396 

Range 2          

2-4 $156,681 $158,248 $159,831 $161,429 $163,043 $164,674 $166,321 $167,984 $169,664 

2-3 $150,795 $152,303 $153,826 $155,364 $156,918 $158,487 $160,072 $161,673 $163,289 

2-2 $147,548 $149,023 $150,514 $152,019 $153,539 $155,074 $156,625 $158,191 $159,773 

2-1 $144,372 $145,816 $147,274 $148,747 $150,234 $151,737 $153,254 $154,787 $156,335 

 

  








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(b) Assistant principals will be paid within salary ranges 1 to 4 as follows: 

 

Range Effective from the first pay period on or after 

 24/12/21 1/01/22 1/07/22 1/01/23 1/07/23 1/01/24 1/07/24 1/01/25 1/07/25 

Range 4          

4-4 $177,134 $178,905 $180,694 $182,501 $184,326 $186,170 $188,031 $189,912 $191,811 

4-3 $173,321 $175,054 $176,805 $178,573 $180,359 $182,162 $183,984 $185,824 $187,682 

4-2 $169,591 $171,286 $172,999 $174,729 $176,477 $178,241 $180,024 $181,824 $183,642 

4-1 $165,939 $167,598 $169,274 $170,967 $172,676 $174,403 $176,147 $177,909 $179,688 

Range 3          

3-4 $162,367 $163,991 $165,631 $167,287 $168,960 $170,649 $172,356 $174,079 $175,820 

3-3 $159,287 $160,880 $162,488 $164,113 $165,754 $167,412 $169,086 $170,777 $172,485 

3-2 $155,858 $157,417 $158,991 $160,581 $162,187 $163,809 $165,447 $167,101 $168,772 

3-1 $152,503 $154,028 $155,568 $157,124 $158,695 $160,282 $161,885 $163,504 $165,139 

Range 2          

2-4 $149,220 $150,713 $152,220 $153,742 $155,279 $156,832 $158,400 $159,984 $161,584 

2-3 $143,614 $145,050 $146,501 $147,966 $149,446 $150,940 $152,450 $153,974 $155,514 

2-2 $140,522 $141,927 $143,346 $144,780 $146,228 $147,690 $149,167 $150,658 $152,165 

2-1 $137,497 $138,872 $140,261 $141,664 $143,080 $144,511 $145,956 $147,416 $148,890 

Range 1          

1-4 $136,073 $137,434 $138,808 $140,196 $141,598 $143,014 $144,444 $145,888 $147,347 

1-3 $131,879 $133,198 $134,530 $135,875 $137,234 $138,606 $139,992 $141,392 $142,806 

1-2 $128,163 $129,444 $130,739 $132,046 $133,367 $134,700 $136,047 $137,408 $138,782 

1-1 $124,551 $126,870 $128,139 $129,420 $130,714 $132,021 $133,341 $134,675 $136,022 

 

  








64   

 

(c) Liaison principals will be paid within salary ranges 1 to 6 as follows: 

Range 
Effective from the first pay period on or after 

24/12/21 1/01/22 1/07/22 1/01/23 1/07/23 1/01/24 1/07/24 1/01/25 1/07/25 

Range 6          

6-4 $220,413 $222,617 $224,844 $227,092 $229,363 $231,657 $233,973 $236,313 $238,676 

6-3 $216,091 $218,252 $220,435 $222,639 $224,866 $227,114 $229,385 $231,679 $233,996 

6-2 $211,854 $213,973 $216,113 $218,274 $220,456 $222,661 $224,888 $227,136 $229,408 

6-1 $207,700 $209,777 $211,875 $213,994 $216,134 $218,295 $220,478 $222,683 $224,910 

Range 5          

5-4 $203,627 $205,664 $207,720 $209,797 $211,895 $214,014 $216,154 $218,316 $220,499 

5-3 $199,635 $201,631 $203,647 $205,684 $207,741 $209,818 $211,916 $214,035 $216,176 

5-2 $195,720 $197,678 $199,654 $201,651 $203,667 $205,704 $207,761 $209,839 $211,937 

5-1 $191,883 $193,802 $195,740 $197,697 $199,674 $201,671 $203,688 $205,724 $207,782 

Range 4          

4-4 $185,991 $187,851 $189,729 $191,626 $193,543 $195,478 $197,433 $199,407 $201,401 

4-3 $181,987 $183,807 $185,645 $187,502 $189,377 $191,270 $193,183 $195,115 $197,066 

4-2 $178,070 $179,851 $181,649 $183,466 $185,300 $187,153 $189,025 $190,915 $192,824 

4-1 $174,236 $175,978 $177,738 $179,515 $181,310 $183,123 $184,955 $186,804 $188,672 

Range 3          

3-4 $170,485 $172,190 $173,912 $175,651 $177,408 $179,182 $180,974 $182,783 $184,611 

3-3 $167,251 $168,924 $170,613 $172,319 $174,042 $175,783 $177,540 $179,316 $181,109 

3-2 $163,651 $165,288 $166,941 $168,610 $170,296 $171,999 $173,719 $175,456 $177,211 

3-1 $160,128 $161,729 $163,347 $164,980 $166,630 $168,296 $169,979 $171,679 $173,396 

Range 2          

2-4 $156,681 $158,248 $159,831 $161,429 $163,043 $164,674 $166,321 $167,984 $169,664 

2-3 $150,795 $152,303 $153,826 $155,364 $156,918 $158,487 $160,072 $161,673 $163,289 

2-2 $147,548 $149,023 $150,514 $152,019 $153,539 $155,074 $156,625 $158,191 $159,773 

2-1 $144,372 $145,816 $147,274 $148,747 $150,234 $151,737 $153,254 $154,787 $156,335 

Range 1          

1-4 $136,073 $137,434 $138,808 $140,196 $141,598 $143,014 $144,444 $145,888 $147,347 

1-3 $131,879 $133,198 $134,530 $135,875 $137,234 $138,606 $139,992 $141,392 $142,806 

1-2 $128,163 $129,444 $130,739 $132,046 $133,367 $134,700 $136,047 $137,408 $138,782 

1-1 $124,551 $127,176 $128,447 $129,732 $131,029 $132,339 $133,663 $134,999 $136,349 

 
  








65   

 

TEACHER CLASS 

1.2 Employees within the teacher class will be paid the salary appropriate to their classification 
and salary range as follows: 

 

Classification & 
salary range 

Effective from the first pay period on or after 

24/12/21 1/01/22 1/07/22 1/01/23 1/07/23 1/01/24 1/07/24 1/01/25 1/07/25 

Le
ad

in
g 

Te
ac

h
e

r Range 3          

3-2 $119,632 $120,828 $122,037 $123,257 $124,490 $125,735 $126,992 $128,262 $129,544 

3-1 $114,480 $115,625 $116,782 $117,949 $119,129 $120,320 $121,523 $122,739 $123,966 

Le
ar

n
in

g 

Sp
e

ci
a

lis
t Range 3          

3-2 $119,632 $120,828 $122,037 $123,257 $124,490 $125,735 $126,992 $128,262 $129,544 

3-1 $114,480 $115,625 $116,782 $117,949 $119,129 $120,320 $121,523 $122,739 $123,966 

C
la

ss
ro

o
m

 T
e

ac
h

e
r 

Range 2          

2-6 $109,029 $110,119 $111,221 $112,333 $113,456 $114,591 $115,737 $116,894 $118,063 

2-5 $100,790 $101,798 $102,816 $103,845 $104,883 $105,932 $106,991 $108,061 $109,142 

2-4 $97,204 $98,176 $99,158 $100,149 $101,151 $102,162 $103,184 $104,216 $105,258 

2-3 $93,744 $94,682 $95,628 $96,585 $97,551 $98,526 $99,511 $100,506 $101,512 

2-2 $90,408 $91,312 $92,225 $93,147 $94,079 $95,019 $95,970 $96,929 $97,899 

2-1 $87,191 $88,062 $88,943 $89,832 $90,731 $91,638 $92,554 $93,480 $94,415 

Range 1          

1-5 $84,088 $84,929 $85,778 $86,636 $87,503 $88,378 $89,261 $90,154 $91,056 

1-4 $81,095 $81,906 $82,725 $83,552 $84,388 $85,232 $86,084 $86,945 $87,814 

1-3 $78,210 $78,992 $79,782 $80,580 $81,386 $82,199 $83,021 $83,852 $84,690 

1-2 $75,427 $76,181 $76,943 $77,712 $78,489 $79,274 $80,067 $80,868 $81,676 

1-1 $73,499 $74,234 $74,976 $75,726 $76,484 $77,248 $78,021 $78,801 $79,589 

 

  








66   

 

PARAPROFESSIONAL CLASS 

1.3 Employees within the paraprofessional class will be paid the salary appropriate to their 
classification and salary range as follows: 

 

Classification & 
salary range 

Effective from the first pay period on or after 

24/12/21 1/01/22 1/07/22 1/01/23 1/07/23 1/01/24 1/07/24 1/10/20 1/01/25 

Le
ve

l 2
 

Range 4          

Max $119,632 $120,828 $122,037 $123,257 $124,490 $125,735 $126,992 $128,262 $129,544 

Min $109,029 $110,119 $111,221 $112,333 $113,456 $114,591 $115,737 $116,894 $118,063 

Range 3          

P 3-3 $100,790 $101,798 $102,816 $103,845 $104,883 $105,932 $106,991 $108,061 $109,142 

P 3-2 $97,204 $98,176 $99,158 $100,149 $101,151 $102,162 $103,184 $104,216 $105,258 

P 3-1 $93,744 $94,682 $95,628 $96,585 $97,551 $98,526 $99,511 $100,506 $101,512 

Le
ve

l 1
 

Range 2          

P 2-5 $90,408 $91,312 $92,225 $93,147 $94,079 $95,019 $95,970 $96,929 $97,899 

P 2-4 $87,191 $88,062 $88,943 $89,832 $90,731 $91,638 $92,554 $93,480 $94,415 

P 2-3 $84,088 $84,929 $85,778 $86,636 $87,503 $88,378 $89,261 $90,154 $91,056 

P 2-2 $81,095 $81,906 $82,725 $83,552 $84,388 $85,232 $86,084 $86,945 $87,814 

P 2-1 $78,210 $78,992 $79,782 $80,580 $81,386 $82,199 $83,021 $83,852 $84,690 

Range 1          

P 1-6 $75,427 $76,181 $76,943 $77,712 $78,489 $79,274 $80,067 $80,868 $81,676 

P 1-5 $69,327 $70,021 $70,721 $71,428 $72,142 $72,864 $73,592 $74,328 $75,072 

P 1-4 $64,221 $64,864 $65,512 $66,167 $66,829 $67,497 $68,172 $68,854 $69,543 

P 1-3 $59,493 $60,088 $60,689 $61,296 $61,909 $62,528 $63,153 $63,784 $64,422 

P 1-2 $55,111 $55,662 $56,218 $56,781 $57,348 $57,922 $58,501 $59,086 $59,677 

P 1-1 $51,052 $51,563 $52,079 $52,599 $53,125 $53,657 $54,193 $54,735 $55,282 

 

  








67   

 

EDUCATION SUPPORT CLASS 

1.4 Employees within the education support class will be paid the salary appropriate to their 
classification and salary range as follows: 

Classification & 
salary range 

Effective from the first pay period on or after 

24/12/21 1/01/22 1/07/22 1/01/23 1/07/23 1/01/24 1/07/24 1/01/25 1/01/25 

Le
ve

l 2
 

Range 6          

6-5 $143,170 $144,602 $146,048 $147,508 $148,984 $150,473 $151,978 $153,498 $155,033 

6-4 $138,108 $139,489 $140,884 $142,293 $143,716 $145,153 $146,605 $148,071 $149,551 

6-3 $133,181 $134,513 $135,858 $137,217 $138,589 $139,975 $141,375 $142,788 $144,216 

6-2 $128,428 $129,712 $131,010 $132,320 $133,643 $134,979 $136,329 $137,692 $139,069 

6-1 $123,846 $125,085 $126,336 $127,599 $128,875 $130,164 $131,465 $132,780 $134,108 

Le
ve

l 1
 

Range 5          

5-6 $123,799 $125,037 $126,288 $127,551 $128,826 $130,114 $131,415 $132,730 $134,057 

5-5 $119,831 $121,030 $122,240 $123,462 $124,697 $125,944 $127,203 $128,476 $129,760 

5-4 $115,864 $117,022 $118,192 $119,374 $120,568 $121,774 $122,991 $124,221 $125,464 

5-3 $112,106 $113,227 $114,360 $115,503 $116,658 $117,825 $119,003 $120,193 $121,395 

5-2 $108,472 $109,557 $110,653 $111,759 $112,877 $114,006 $115,146 $116,297 $117,460 

5-1 $104,956 $106,005 $107,066 $108,136 $109,218 $110,310 $111,413 $112,527 $113,652 

Range 4          

4-6 $101,553 $102,568 $103,594 $104,630 $105,676 $106,733 $107,800 $108,878 $109,967 

4-5 $98,262 $99,245 $100,237 $101,239 $102,252 $103,274 $104,307 $105,350 $106,404 

4-4 $95,077 $96,028 $96,988 $97,958 $98,938 $99,927 $100,927 $101,936 $102,955 

4-3 $91,996 $92,916 $93,845 $94,784 $95,732 $96,689 $97,656 $98,632 $99,619 

4-2 $89,013 $89,903 $90,802 $91,710 $92,628 $93,554 $94,489 $95,434 $96,389 

4-1 $86,129 $86,990 $87,860 $88,738 $89,626 $90,522 $91,427 $92,342 $93,265 

Range 3          

3-6 $82,499 $83,324 $84,157 $84,999 $85,849 $86,708 $87,575 $88,450 $89,335 

3-5 $78,870 $79,659 $80,455 $81,260 $82,072 $82,893 $83,722 $84,559 $85,405 

3-4 $75,086 $75,836 $76,595 $77,361 $78,134 $78,916 $79,705 $80,502 $81,307 

3-3 $72,652 $73,379 $74,113 $74,854 $75,602 $76,358 $77,122 $77,893 $78,672 

3-2 $70,308 $71,011 $71,721 $72,439 $73,163 $73,895 $74,634 $75,380 $76,134 

3-1 $67,845 $68,524 $69,209 $69,901 $70,600 $71,306 $72,019 $72,739 $73,467 

Range 2          

2-8 $66,915 $67,584 $68,260 $68,943 $69,632 $70,329 $71,032 $71,742 $72,460 

2-7 $64,911 $65,560 $66,215 $66,878 $67,546 $68,222 $68,904 $69,593 $70,289 

2-6 $62,263 $62,886 $63,515 $64,150 $64,791 $65,439 $66,094 $66,755 $67,422 

2-5 $60,266 $60,868 $61,477 $62,092 $62,713 $63,340 $63,973 $64,613 $65,259 

2-4 $58,268 $58,851 $59,439 $60,034 $60,634 $61,240 $61,853 $62,471 $63,096 

2-3 $56,270 $56,833 $57,401 $57,975 $58,555 $59,141 $59,732 $60,330 $60,933 

2-2 $54,273 $54,816 $55,364 $55,917 $56,477 $57,041 $57,612 $58,188 $58,770 

2-1 $52,250 $52,773 $53,301 $53,834 $54,372 $54,916 $55,465 $56,019 $56,580 

Range 1          

1-2 $49,730 $50,227 $50,730 $51,237 $51,749 $52,267 $52,789 $53,317 $53,850 

1-1 $47,672 $48,149 $48,630 $49,117 $49,608 $50,104 $50,605 $51,111 $51,622 








68   

 

SCHEDULE 2 

Roles and Responsibilities – Teacher Class 

Leading teacher 

Leading teachers will be highly skilled classroom practitioners and undertake leadership and 
management roles commensurate with their salary range.  The role of leading teachers is to improve 
the skill, knowledge and performance of the teaching workforce in a school or group of schools and 
to improve the curriculum program of a school.  Typically, leading teachers are responsible for 
coordinating a number of staff to achieve improvements in teaching and learning which may involve 
the coordination and professional support of colleagues through modelling, collaborating and 
coaching and using processes that develop knowledge, practice and professional engagement in 
others. 

Leading teachers are expected to lead and manage a significant area or function within the school 
with a high degree of independence to ensure the effective development, provision and evaluation 
of the school’s education program.  Leading teachers will be expected to make a significant 
contribution to policy development relating to teaching and learning in the school. A leading teacher 
has a direct impact and influence on the achievement of the school goals. 

Leading teachers are usually responsible for the implementation of one or more priorities contained 
in the school strategic plan.  

Position responsibilities 

In recognition of the importance of leadership and management combined with exemplary teaching 
practice for improved student learning outcomes, the key roles of the leading teachers may include 
but are not limited to: 

− leading and managing the implementation of whole-school improvement initiatives related 
to the school strategic plan and school priorities 

− leading and managing the implementation of whole-school improvement strategies related 
to curriculum planning and delivery 

− leading and managing the provision of professional learning and developing individual and 
team performance and development plans for teaching staff within the priorities of the 
school 

− leading and managing staff performance and development (review of staff) 

− teaching demonstration lessons  

− leading and managing the development of the school’s assessment and reporting policies 
and practices 

− leading and managing the implementation of the school operations and policies related to 
student welfare and discipline 

− leading the development of curriculum in a major learning area and participating in 
curriculum development in other areas 

− responsibility for general discipline matters beyond the management of classroom teachers 

− contributing to the overall leadership and management of the school 

− contributing to the development of proposals for school council consideration 

− developing and managing the school code of conduct. 

 








69   

 

Learning Specialist 

Learning Specialists will be highly skilled classroom practitioners who continue to spend the majority 
of their time in the classroom delivering high-quality teaching and learning and have a range of 
responsibilities related to their expertise, including teaching demonstration lessons, observing and 
providing feedback to other teachers and facilitating school-based professional learning. 

Learning Specialists are expected to have deep knowledge and expertise in high quality teaching and 
learning in delivering improved achievement, engagement and wellbeing for students. The role of 
the Learning Specialist will be to model excellence in teaching and learning through demonstration 
lessons, and mentoring and coaching teachers in improving the skill, knowledge and effectiveness of 
the teaching workforce.  

The Learning Specialist role is aimed at building excellence in teaching and learning within the 
Teaching Service. 

Position responsibilities 

In recognition of the importance of exemplary teaching practice for improved student learning 
outcomes, the key roles of the Learning Specialist may include but are not limited to: 

− demonstrating high-level expertise in teaching and learning practice  

− modelling exemplary classroom practice including through teaching demonstration lessons  

− working with the school leadership team to develop a shared view of highly effective teacher 
practice 

− leading and modelling the implementation of whole-school improvement strategies related 
to curriculum planning and delivery 

− playing a key role in the provision of professional learning, including through developing 
processes and protocols for observation and feedback of teacher practice and peer 
collaboration 

− modelling effective learning practice and supporting teachers to seek, analyse and act on 
feedback on their practice  

− providing evidence-based feedback to teaching staff to inform their effectiveness and 
development  

− providing expert advice about the content, processes and strategies that will shape 
individual and school professional learning 

− supervising and training one or more pre-service teachers, and mentoring and/or coaching 
teachers 

− modelling exemplary use of student data to inform teaching approaches 

− developing and promoting school-wide professional learning structures, processes and 
protocols through Professional Learning Communities 

− modelling exemplary professional learning practice including through seeking feedback from 
other teachers and leaders on their own classroom practice as part of critical reflection and 
inquiry to improve practice. 

Classroom teacher 

The classroom teacher classification comprises two salary ranges – range 1 and range 2.  The primary 
focus of the classroom teacher is on the planning, preparation and teaching of programs to achieve 
specific student outcomes.  The classroom teacher engages in critical reflection and inquiry in order 








70   

 

to improve knowledge and skills to effectively engage students and improve their learning.   

As the classroom teacher gains experience their contribution to the school program beyond the 
classroom increases. 

All classroom teachers may be required to undertake other duties, including organisational duties, in 
addition to their timetabled teaching duties, planning, preparation, collaboration and assessment 
provided the responsibility is appropriate to the salary range, qualifications, training and experience 
of the teacher.  In general, the duties required of a classroom teacher should be at least incidental to 
a teacher’s professional duties and responsibilities. 

Classroom teacher Range 2 

Range 2 classroom teachers play a significant role in assisting the school to improve student 
performance and educational outcomes determined by the school strategic plan and state-wide 
priorities and contributing to the development and implementation of school policies and priorities.  
A critical component of this work will focus on increasing the knowledge base of staff within their 
school about student learning and high quality instruction to assist their school to define quality 
teacher practice. 

Range 2 classroom teachers will be expected to: 

− have the content knowledge and pedagogical practice to meet the diverse needs of all 
students 

− model exemplary classroom practice and mentor/coach other teachers in the school to 
engage in critical reflection of their practice and to support staff to expand their capacity 

− provide expert advice about the content, processes and strategies that will shape individual 
and school professional learning 

− supervise and train one or more pre-service teachers 

− assist staff to use student data to inform teaching approaches that enable targets related to 
improving student learning outcomes to be achieved. 

Classroom teacher Range 1 

The primary focus of the range 1 classroom teacher is on further developing skills and competencies 
to become an effective classroom practitioner with structured support and guidance from teachers 
at higher levels and the planning, preparation and teaching of programs to achieve specific student 
outcomes.  These teachers teach a range of students/classes and are accountable for the effective 
delivery of their programs.  Range 1 classroom teachers are skilled teachers who operate under 
general direction within clear guidelines following established work practices and documented 
priorities and may have responsibility for the supervision and training of one or more pre-service 
teachers. 

At range 1, teachers participate in the development of school policies and programs and assist in the 
implementation of school priorities.   

The focus of a range 1 classroom teacher is on classroom management, subject content and teaching 
practice.  New entrants to the teaching profession in their initial teaching years receive structured 
support, mentoring and guidance from teachers at higher levels. 

Under guidance, new entrants to the teaching profession will plan and teach student groups in one 
or more subjects and are expected to participate in induction programs and other professional 
learning activities that are designed to ensure the integration of curriculum, assessment and 
pedagogy across the school. 

Teachers at range 1 are responsible for teaching their own classes and may also assist and 








71   

 

participate in policy development, project teams and the organisation of co-curricula activities. 

 

  








72   

 

SCHEDULE 3 

Roles and Responsibilities – Nurse 

 

Definitions 

Nursing and Midwifery Board of Australia (or NMBA) includes its predecessor bodies. 

Registered Nurse means a person registered in Division 1 on the Register of Nurses of the Nursing 
and Midwifery Board of Australia established by the Health Practitioners Regulation National Law 
Act 2009. 

Enrolled Nurse means a person registered in Division 2 Enrolled Nurses of the Register of Nurses of 
the Nursing and Midwifery Board of Australia established by the Health Practitioner Regulation 
National Law Act 2009. 

Victorian School Nursing Program means the Primary and Secondary School Nursing Programs 
operated by the Department of Education and Training. 

Nurse Manager means a registered nurse, who coordinates and manages the health centre 
(however titled) of an individual school.  For the avoidance of doubt this does not include a nurse 
manager in the Victorian School Nursing Program.   

Roles and Responsibilities  

This schedule sets out the roles and responsibilities that can be expected of a person employed as a 
Nurse in each education support class range.  

School nurses promote the optimal health, wellbeing and development of students in a school 
setting.  This may include a focus on one or more of the following: health monitoring and 
surveillance; health promotion, education and counselling; and the provision of primary health care 
to students.  School nurses also make early identification, and intervention for students and families 
at risk.  

School nurses practice collaboratively with other members of the school’s education and health and 
wellbeing team and may also make referrals to other health practitioners to support the health and 
wellbeing needs of students.  

School nurses are an integral part of the school community.  In promoting optimal student health 
wellbeing and development, school nurses play a pivotal role in enabling students to meet their full 
educational potential. 

School nursing is predominantly performed by registered nurses.  All nurses practice in accordance 
with the legal, ethical, and professional framework set out by the Nursing and Midwifery Board of 
Australia. 

The context of school nursing can vary.  The Victorian School Nursing Program is delivered by 
registered nurses.  Within the Primary School Nursing Program, school nurses focus on monitoring 
and making early identification and intervention around child health, wellbeing, and development.  
Within the Secondary School Nursing Program, school nurses focus on child and adolescent health 
promotion, education, and counselling.  

Outside of the Victorian School Nursing Program, school nurses focus significantly on the provision 
of primary health care to students.  Their role can also involve early identification and intervention 
around child health, wellbeing and development, and undertaking nursing activities relating to 
health promotion, education and counselling.  In this setting, school nursing is predominantly 
performed by registered nurses, however, limited activities of nursing care can be delegated to an 
enrolled nurse.  Enrolled nurses must practice under the delegation and supervision of the 








73   

 

registered nurse, and in accordance with the delegation and supervision framework set out by 
Nursing and Midwifery Board of Australia. 

Nurse Manager – range 5 

A registered nurse who coordinates and manages a health centre (however titled) of an individual 
school, provides clinical nursing leadership to registered and enrolled nurses and/or other staff 
within the health centre (however titled), and undertakes one or more of the following activities 
below:  

• Managing and coordinating the day-to-day operations of a health centre (however 
titled).  

• Leading and managing the implementation of whole-school improvement strategies 
related to health and wellbeing.  

• Contributes to quality improvement activities to improve the health outcomes for 
students. 

• Leading and managing the provision of professional development activities within the 
school community which relate to health and wellbeing. 

• Leading and managing staff performance and development for registered and enrolled 
nurses, and/or other staff within the health centre.  

• Leading the development of policy and procedure relating to health and wellbeing. 

• Demonstrates high levels of autonomous nursing practice, and expertise in school 
nursing. 

• In addition to coordinating and managing a health centre (however titled), undertakes 
the activities and responsibilities of the Registered Nurse range 4.  

Registered Nurse – range 4 

The Registered Nurse range 4 promotes the optimal health, wellbeing, and development of students 
in a school setting.  Through a focus on one or more of the following, the Registered Nurse:  

• Demonstrates high levels of autonomous and independent practice within the school setting. 

• Provides timely, high-quality and evidence-based primary health care to students.   

• Undertakes comprehensive health assessments, plans and evaluates ongoing care to promote 
the health, wellbeing, and development of individual students. 

• Develops, implements and evaluates health education and promotion programs in response 
to identified health priorities in schools and in collaboration with school community. 

• Actively promotes primary health care within the education curriculum. 

• Makes nursing interventions which promote optimal student health in the following areas: 
alcohol and other drugs; safe environments; mental health and wellbeing; sexual health and 
wellbeing; physical health and wellbeing, and healthy eating and wellbeing.  

• Makes early identification, timely intervention and referral for students and families at risk or 
experiencing vulnerability. 

• Where clinically indicated, conducts health and development assessments on all school 
entrants with the consent of parents or guardians.  

• Contributes as an integral member of the student health and wellbeing team to promote a 
social view of health.  

• Communicates effectively with students, their families, the school community and with other 
health practitioners and service providers. 

• Provides health advice and acts as a clinical resource to the school community.  

• Recognises where it is appropriate to make referrals to health practitioners, and to other 
service providers to meet the individual healthcare needs of students.  

• Facilitates links between the school community and relevant primary health care services. 








74   

 

• Delivers individual health counselling to meet the health care needs of individual students and 
to promote their optimal health and wellbeing.  

Registered Nurse – range 3 

The Registered Nurse range 3 promotes the optimal health, wellbeing, and development of students 
in a school setting.  Through a focus on one or more of the following, the Registered Nurse range 3: 

• Provides basic primary health care to students under guidance and support from registered 
nurses at higher levels located at the school. 

• Communicates effectively with students, their families, the school community and with other 
health practitioners and service providers. 

• Contributes as a member of the student health and wellbeing team under guidance and 
support from registered nurses at higher levels located at the school. 

A Registered Nurse range 3 will have structured support and guidance from registered nurses at higher 
levels located at the school.  For the avoidance of doubt, a Registered Nurse range 3 is not more 
properly classified at a higher range. 

Enrolled Nurse – range 2 

Subject to subclauses (1) and (2) below, an enrolled nurse may be employed directly by a school, to 
assist a registered nurse to promote the optimal health, wellbeing and development of students in a 
school setting. 

(1) An enrolled nurse must at all times practice under the delegation and supervision of a 
registered nurse.  The enrolled nurse may: 

(a) Assist the registered nurse to provide delegated activities of nursing care, according 
to the student’s plan of care, professional standards, workplace polices and 
procedural guidelines  

(b) Recognise when the health and wellbeing of a student is deteriorating and escalate in 
a timely way to the registered nurse.  

(c) Contribute as a member of the student health and wellbeing team under the 
delegation and supervision of a registered nurse.  

(d) Communicate effectively with students, their families, the school community and with 
other health practitioners and service providers.  

(2) An enrolled nurse cannot be employed to deliver, and is not involved in the delivery of, the 
Victorian School Nursing Program. 

 

 

 

 








75  Last updated 25 January 2022 

 

SCHEDULE 4 

Dimensions of Work - Education Support Class 

Education support class Level 1 Range 1 

The level 1, range 1 classification is a training grade for employees participating in formal trainee or cadetship programs or other similar public sector wide 

entry level employment programs.  

Education support class Level 1 Range 2  

An education support class position at this range will perform tasks that are carried out in accordance with guidelines, accepted practice, and school policy 
under supervision and direction.  This may include coordination of other education support class staff within the work area or educational program. 

The commencing salaries for persons employed at level 1 range 2 are set out in clause 18(4) of this agreement. 

An education support class position supports the educational services being provided to students but must not include duties of a teacher as defined in 
clause 2.6.1 of the Education and Training Reform Act 2006 (Vic) or its successor.  Supervision of students can be required individually or in groups up to 4 in 
controlled circumstances and where the responsibility for students remains clearly with a teacher.  

Certification and/or qualifications of up to three years can be required at this level (noting that Registered Nurse is not included at this level, the first level 
for which is Level 1 range 3).   

A role at this range may include: 

- Specific support tasks to achieve outcomes.  Typically, this will involve accountability for a single function, (e.g. ensuring data is properly maintained) or 
the co-ordination of a work area under the direction of the principal or a manager.  

- Assisting teachers, within an educational program, by undertaking specific support tasks or the coordination of the support function.  
 

- Supervised health and wellbeing support tasks, medical intervention support tasks, or other specialised student/teacher support roles (e.g. enrolled 
nurses performing the role as described in schedule 3).  These roles require specific qualifications and/or training, including roles where further training 
must be undertaken from time to time.  The role is for a specific purpose, for which there will be direct accountability as opposed to support roles that 
are carried out by a range of staff performing routine tasks under direction.  

- Technical tasks that require a sound knowledge of basic technical and/or scientific principles that are used to develop and adapt work methods and 
make judgements where there are clear guidelines and limited options.  Routine technical support in libraries, science, and information technology 
would be typical examples.  








76   

 

An education support class position at this range commencing at the base will initially be limited to undertaking routine tasks that are carried out under 
close supervision and direction.  Work that carries some degree of independence will generally involve a limited number of tasks performed on a regular 
basis where priorities are clear, procedures are well established, and direction is readily available.  Subject to any specific qualification and/or training 
requirement, an education support class employee employed in this range may be progressively required to undertake coordination, specialised 
student/teacher support tasks, or technical tasks as experience in the role is gained.  

The duties and responsibilities for the types of education support class work that can be expected at this level are set out below.   

Dimensions of Work – level 1 range 2  

Student/Teacher Support Administration/Operations Technical Health and Wellbeing Services  

► Undertakes routine tasks with 
clear priorities in line with the 
job description, well established 
procedures, and under 
supervision, such as: 

- Providing routine support 
for teachers 

- Assisting with planning of 
student routines 

► Duties mainly focused on 
routine tasks such as:  

- Communicating with 
teachers about routine 
matters 

- Assisting teachers with 
communication with parents 
about routine matters 

► Performs routine administrative 
or operational tasks, including: 
general telephone, front office 
enquiries, mail deliveries, 
assisting with stock control, 
supporting organisation of 
meetings, receiving and initial 
processing of standard 
paperwork 

► Operate and instruct others in 
the routine use of equipment 
and computer systems 

► Supports financial and budgetary 
processes and utilises standard 
software 

► Conducts induction processes for 
school visitors or tradespeople 
on school operational health and 
safety policies and procedures  

► Conducts routine scientific, 
technical, or specialist 
procedures and/or data 
collection, collation, and 
analysis 

► Applies basic technical 
knowledge to diagnose and 
correct faults and problems 
with technical equipment 

► Applies basic technical and/or 
scientific principles to enable 
the performance of a variety of 
interrelated technical tasks 

► Application of specialised 
knowledge is confined to a 
specific functional area (e.g. 
science laboratory, information 
or food technology support, 
library) 

► Supports the first aid facilities 
and assists in delivering first aid 
to students 

► Undertakes administrative 
procedures associated with: 

- delivery of various health, 
counselling, wellbeing and 
therapeutic services to a 
school(s) 

- health assessments 

- delivery of health and 
wellbeing education and 
promotion programs in 
collaboration with school 
community 

- provision of follow-up 
service for students  








77   

 

- Providing basic physical care 
and wellbeing support for 
students such as toileting, 
meals, and lifting 

- Communicating with 
student/s to support 
comprehension of basic 
tasks and information 

- Addressing immediate 
behavioural presentations 
relating to specific students 
within a classroom setting 
aligned to school policy and 
procedure  

► Provides basic support and 
supervision for individuals or 
small groups of up to 4 students 
within a classroom setting  

► Provides support to careers 
advisor  

► Supports teachers in the 
coordination of educational 
programs independently or 
under minimal supervision, such 
as: 

- Rostering and organising the 
work of a team of aides 

- Providing routine co-
ordination, guidance, and 

► Undertakes systems processing 
work such as data entry, 
purchasing, payments and 
reports  

► Coordinates the preparation of 
standard routine internal and 
external communication 
Provides support services in 
trade areas such as school 
grounds and building 
maintenance  

► Provides student transportation 
services such as bus driving, and 
scheduling 

► Undertakes VASS and/or VET 
administration support 

 

► Provides specialised knowledge 
that is relied upon to deliver 
support services, under 
direction (e.g. information 
technology and technical 
support in science laboratories, 
food technologies and libraries) 

► Contributes to a small project 
team providing technical 
support to a school/s 

► Conducts training and/or 
instruction with respect to 
technical systems or scientific 
processes 

► Prepares experiments or use of 
equipment and conducts 
demonstrations, where 
required, under direct 
supervision 

► Undertakes relevant 
occupational health and safety 
requirements and, where 
necessary, risk assessments 
within the relative work area 

► Undertakes low/medium risk 
tasks as defined by the 
Departmental Risk Matrix or its 
successor 

 

- medical alerts and specific 
medical conditions 








78   

 

support to other student 
support staff   

- Liaising with external 
providers of support 
services about clearly 
defined support needs and 
resources 

- Supporting teachers in 
communicating objectives 
and outcomes relating to 
educational programs 
and/or students, including 
routine presentations 

- Assisting teachers with the 
communication of student 
outcomes and educational 
programs 

► Can provide medical 
intervention support to a 
student/s, provided that: 

- The student/s has a specific 
medical condition that 
requires assistance; 

- The support relates to a 
specific medical condition 
identified by the Employer 
under relevant policy  

- The support needed 
requires specialised 








79   

 

training/ in the tasks to be 
performed; and  

- The position requires 
ongoing professional 
development and/or 
training to gain or maintain 
skills and knowledge 
relevant to the medical 
procedure.   

► Provides specialised 
communication support for 
students and teachers in areas 
such as AUSLAN and braille 

 

Education support class Level 1 Range 3 

An education support class role at this range is distinguished by the introduction of: 

- management responsibility and accountability for the delivery of services.  At this level, an employee may direct and supervise the work of other staff 
members to achieve specific objectives in school administration, operations or educational programs; or 

- professional student support positions where standard professional services are delivered. 

An education support class position supports the educational services being provided to students but must not include duties of a teacher as defined in 
clause 2.6.1 of the Education and Training Reform Act 2006 (Vic) or its successor.  Supervision of students can be required where it is an integral part of the 
employee’s position or in circumstances where supervision is required individually or in groups up to 4 in controlled circumstances and where the 
responsibility for students remains clearly with a teacher  

This is the minimum range at which business manager or occupational health and safety manager functions can be performed.  

This is the minimum range for positions that carry a required qualification of AQF 7 level or equivalent (or in the case of Registered Nurses an equivalent 
qualification leading to registration).  

A role at this range may include: 








80   

 

- Some degree of professional autonomy to determine how targets and goals are achieved within clearly established directions or framework 
Professional autonomy will generally be limited by standard procedures and school policy. Deviation from standard procedures and school policy will 
require guidance and direction from a senior manager.   

- Management of the expected outcomes is a key responsibility in some areas such as school administration, operations, technical, or educational 
programs. Senior management will be provided with reports and advice, although this will generally be confined to matters relating to the immediate 
work area, service provision, or educational program and is unlikely to impact substantially on whole of school operations. 

- Management of staff to achieve the expected outcomes is a key responsibility in some areas, such as school administration, operations, or educational 
programs. Staff management issues will be resolved with minimal reference to a senior manager, although guidance will be required in more complex 
cases.  

- Professional support positions such as registered nurses (performing the role of Registered Nurse range 3 as described in schedule 3), speech 
pathologists, psychologists, occupational therapists, physiotherapists, and social workers. Professional support and guidance will be close at hand and 
deviation from standard procedures and school policy will require guidance and direction from a manager or senior practitioner where relevant.  

The duties and responsibilities for the types of education support class work that can be expected at this level are set out below.  

Student/Teacher Support Administration/Operations Technical Health and Wellbeing Services 

► Provides instruction or coaching 
to students not including any 
duties of a teacher (e.g. 
instrumental music instruction, 
sport coaching, dance instruction) 

► Provides career advisory services 
to students  

► Undertakes VASS coordinator role 
in the school  

► Undertakes VET co-ordination 
role in the school 

 

► Distinguished from ES Level 1 
Range 2 by the level of 
management responsibility for 
the work area that will have a 
greater impact on school 
administration and operations, 
and features supervision of other 
ES   

► Objectives and directions are 
clear, but there is a greater level 
of autonomy in determining the 
approach 

► Manages others to achieve the 
objectives of the work area 

► Manages school science 
laboratory, library or information 
technology functions, including 
where they are the sole 
technician 

► Manages the flow of information 
to staff and students to ensure 
appropriate awareness of 
technical operations and safety 

► Advises school staff and students 
on aspects of information 
technology  

► Delivers care through various 
health, counselling, wellbeing and 
therapeutic services to a school(s)  

► Assesses student needs and 
delivers a range of services within 
generally defined parameters 

► Provides standard professional 
services independently within 
defined organisational 
parameters with professional 
support and guidance that is 
close at hand.  

► Provide standard clinical 
professional services to students 








81   

 

► Manages and directs the 
preparation of financial and 
budgeting documents and 
contributes to financial decision 
making 

► Manages a range of functions, 
such as finance, human resources 
and other support areas that 
contributes significantly to the 
business management function 
within the school 

► Adapt the way work is organised 
and modify existing practices 
within precedent and established 
methods 

► With broad direction manages 
the delivery of administrative 
and/or operational services  

► Implements the delivery of a 
particular service or function (e.g. 
finance, human resources, 
facilities) 

► Prepares and analyses reports 
from School databases to support 
decision making 

 

► Conducts training and instruction 
to school colleagues within the 
technical field 

► Undertakes small  technical or 
specialist projects defined by 
others 

► Implements non-standard 
technical systems or equipment 
to a specification 

► Explains professional concepts 
and approaches to school 
stakeholders, colleagues, and 
staff  

► Applies sound theoretical 
knowledge and practical 
expertise  

► Provides professional services 
independently within defined 
school procedures 

►  Influences operational leadership 
and strategic planning with 
respect to school service delivery  

► Provides reports for school staff 
or stakeholders, requiring in-
depth factual analysis, including 
assessments and 
recommendations for 
consideration by others  

► May undertake low, medium and 
high-risk tasks as identified in 

within the parameters of school 
policy and guidelines and the 
standards set by the relevant 
registration body  

► Provide professional reports 
requiring in-depth factual 
analysis, including assessments 
and recommendations for 
consideration by others 

► Retains accountability for 
individual practice  

►  Contributes to policy 
development within the school 

► Contributes to and/or conducts 
training and instruction to school 
colleagues within the professional 
field and individual scope of the 
practice 

► Explain professional concepts and 
approaches to students, 
stakeholders, colleagues and staff 

► Facilitate individual or group 
programs for students 

► Apply sound theoretical 
knowledge and practical 
expertise 

 








82   

 

Departmental Risk Matrix or its 
successor 

Education support class Level 1 Range 4 

An education support class role at this range is distinguished by: 

• broader management responsibility, particularly in the areas of finance and human resources where management responsibility is for a range of 
functions under a wide range of conditions, subject to the size and complexity of school operations; or 

• delivery of professional student support services and/or clinical management of students and other support functions. 

Objectives will, generally, be clearly defined; guidelines will be broad, and day-to-day direction minimal. Management responsibility extends to ensuring 
appropriate support levels are maintained across the school.  

An education support class position supports the educational services being provided to students but must not include duties of a teacher as defined in 
clause 2.6.1 of the Education and Training Reform Act 2006 (Vic) or its successor.  Supervision of students can be required where it is an integral part of the 
employee’s position or in circumstances where supervision is required individually or in groups up to 4 in controlled circumstances and where the 
responsibility for students remains clearly with a teacher  

A role at this range may include: 

- Provision of key support and advice to the leadership team and school council and/or liaison with the general school community, the Department, and 
other government agencies and service providers.  

- Professional student support positions where duties and responsibilities, relative to their professional discipline, are carried out with a higher level of 
autonomy and with minimal reliance on professional supervision.  These positions provide health advice and clinical resources to the school 
community.  Typical professional support positions operating at this level would be registered nurses (performing the role of Registered Nurse range 4 
as described in Schedule 3), speech pathologists, psychologists, occupational therapists, physiotherapists, and social workers.  

- Responsibility for the development and implementation of professional support programs within an educational environment, including guidance to 
other professional staff. 

 

 

 








83   

 

The duties and responsibilities for the types of education support class work that can be expected at this level are set out below.  

Student/Teacher Support Administration/Operations Technical Health and Wellbeing Services 

N/A 

 

► Provides expertise and/or 
professional leadership dealing 
with more complex issues 
requiring specialised support 

► Interprets and analyses data to 
inform and provide authoritative 
advice to the leadership team 

► Delivery of services on behalf of 
the leadership team  

► Reference to a manager will 
generally only occur where there 
is a need to clarify policy, 
priorities or broad objectives prior 
to making appropriate decisions 

► Negotiate and manage 
straightforward contracts and 
service agreements 

► Coordinate delivery of a range of 
support services across a school/s 
involving a range of work areas 

► Manage the school/s budget 
involving liaison with school staff 
and the leadership team to 
ensure budget targets are met 

 

► Manages the development and 
effective operation of the 
computer systems within a 
school/s where there is a high 
degree of complexity (e.g. school 
size, multi-campus, integration of 
several functional areas) and 
importance to the educational 
objectives 

► Involves a level of responsibility 
and accountability that would 
impact on school functions and/or 
projects that would significantly 
affect school operations and/or 
support for educational 
outcomes.  For example, in school 
laboratories, libraries, and 
information technology the 
position would provide expertise 
and leadership in policy 
development that guides the 
work of others, including other 
school staff 

► Formulates and supervises 
professional development 
programs for colleagues or other 

► Delivery of a professional support 
service/s in a school/s, including 
the development of policy and 
operational practices that will 
guide the work of others, 
including other school staff 

► Undertakes advanced 
interventions in dealing with 
particularly complex cases that 
may require cross-profession or 
agency collaboration 

► Provides expert advice in the 
professional field, which will 
influence the strategic approach 
to student support and learning 

► Actively promotes primary health 
care, mental health, or wellbeing 
within the education curriculum. 
Provides information and 
facilitates links between the 
school community and relevant 
services 

► Delivers health and wellbeing 
education and promotion 
programs in collaboration with 
school community.  Provides 








84   

 

 

 

staff involved in the scientific or 
technical field 

► Undertakes research and analysis 
within an area of expertise 
consistent with school objectives 

► Manages the delivery of a 
professional support service(s) in 
a school(s), including the 
development of policy and 
operational practices that will 
guide the work of others, 
including school staff  

► Applies sound theoretical 
knowledge and practical expertise 
in development of standards 
relating to the school program or 
operation   

 

 

health and wellbeing advice to 
the school community   

► Implements evidence-based 
health promotion and preventive 
care within the school community 

► Provide leadership, training, and 
development for others in the 
adaption and application of 
professional fields 

► Undertakes nursing and/or health 
and wellbeing assessments and 
plans ongoing care to effectively 
address healthcare needs of 
individual students and groups 
within the school community.  
Acts on referrals by parents, 
guardians and employees 

► Delivers primary health care, 
counselling, wellbeing, and 
therapeutic services to students 
(or staff) in allocated schools 
through health education, 
assessment, support, referral and 
health and wellbeing promotion 
activities 

► Provides support for students (or 
staff) on sensitive health and 
wellbeing issues 








85   

 

► Works actively to reduce negative 
health and wellbeing outcomes 
and risk-taking behaviours  

► Apply sound theoretical 
knowledge and practical expertise 
in developing service delivery 
options 

Education support class Level 1 Range 5  

An education support class role at this range is usually a member of the leadership team who is accountable for the development and delivery of key 
services that are integral to the effective operation of a school(s).  They provide a range of services and/or undertake the analysis of complex problems that 
form part of the policy framework.  

An education support class position supports the educational services being provided to students but must not include duties of a teacher as defined in 
clause 2.6.1 of the Education and Training Reform Act 2006 (Vic) or its successor.  Supervision of students can be required where it is an integral part of the 
employee’s position or in circumstances where supervision is required individually or in groups up to 4 in controlled circumstances where the responsibility 
for students remains clearly with a teacher.  

A role at this range may include: 

- Professional support management responsibilities, including Nurse Managers (performing the role of Nurse Manager as described in Schedule 3) 

- Management of a major school or network function, initiative or project, or Department targeted strategy  

The duties and responsibilities for the types of education support class work that can be expected at this level are set out below.  

Student/Teacher Support Administration/Operations Technical Health and Wellbeing Services 

N/A 

 

 

► As a member of the leadership 
team contribute, develop and 
implement key policy initiatives in 
a school or group of schools and 

► As a member of the leadership 
team develop and implement key 
policy initiatives in a school or 
group of schools  

► As a member of the leadership 
team lead, develop and/or 
implement key policy 
initiatives/improvement 
strategies in health and well-








86   

 

initiates new developments in 
policy and practice    

► Manage delivery of budgetary, 
administrative and operational 
targets, involving liaison with 
school staff and leadership   

► Contributes to the overall 
management of the school 
through internal decision making 

 

 

 

 

 

 

 

 

 

► Manages a scientific, technical or 
specialist team and/or projects 

► Specialist in an area of their 
profession and relied on for 
advice in this field  

 

being in a school or group of 
schools 

► Specialist in an area of their 
profession and relied on for 
expertise in their profession  

► Manages a defined service 
delivery function or project/s  

► Undertakes advanced 
interventions in dealing with 
particularly complex cases that 
may require cross-profession or 
agency collaboration  

► Makes decisions on complex 
intervention strategies that may 
have significant consequences for 
students and their families  

► Contributes to the development 
of knowledge and innovation in a 
specific field of the profession  

► Provides leadership, training, and 
development for others in the 
adaptation and application of 
professional concepts which 
relate to health and wellbeing  

 

 

 

 








87   

 

Education support class Level 2, Range 6 

An education support class role at this range is a senior member of School leadership, accountable for multiple key areas or functions for the school(s), 
including the achievement of established school objectives.  

An education support class position supports the educational services being provided to students but must not include duties of a teacher as defined in 
clause 2.6.1 of the Education and Training Reform Act 2006 (Vic) or its successor.  Supervision of students can be required where it is an integral part of the 
employee’s position or in circumstances where supervision is required individually or in groups up to 4 in controlled circumstances where the responsibility 
for students remains clearly with a teacher and under the overall responsibility of a teacher. 

Range 6 applies across all streams of education support class work as relevant. 

The duties and responsibilities for the types of education support class work that can be expected at this level are set out below.  

Range 6 (General Descriptors) 

► Significant contribution to the overall management of the school through involvement in policy formulation and decision making 

► A primary responsibility for the management of areas or functions within the school(s), each with significant budget, staff responsibilities or strategic 
importance   

► The authority to make significant decisions relating to the program, budget and staff relating to their area of designated responsibility within the framework 
of the school's strategic plan, policies and budget 

► Responsible for implementation of strategic school policy across functional areas 

► Provides leadership and guidance based on advanced professional or technical expertise 

► Subject matter expert that conceptualises, initiates, implements, promotes, and evaluates complex and innovative technical programs  

► Routinely advises the school leadership team on policy issues and solutions within a functional area 

► Develops technical or professional standards 

 

 

 








88   

 

SCHEDULE 5 

Unsatisfactory Performance Procedures 

5.1 The parties acknowledge that the purpose of implementing unsatisfactory performance 
procedures is to improve an employee’s performance to a satisfactory level.  The parties are 
committed to the process being completed as early as possible within a maximum thirteen 
week period however it is recognised that circumstances may arise where this timeframe is 
not achievable. 

5.2 The unsatisfactory performance procedures will be conducted in accordance with this clause 
and any procedures determined by the Employer.  Any procedures determined by the 
Employer must ensure that the employee: 

(1) is advised of their unsatisfactory performance; 

(2) is advised that they may have a support person or representative of their choice attend 
any meetings; 

(3) has the opportunity to respond; and 

(4) is provided with a period of monitoring and support. 

5.3 Where the Employer considers that an employee’s performance is unsatisfactory the 
Employer may commence unsatisfactory performance procedures as follows:  

Advice to employee 

(1) The Employer will advise the employee in writing: 

(a) that their performance is unsatisfactory; 

(b) the particular areas of unsatisfactory performance; 

(c) the required standard of performance; 

(d) the consequences of continued failure to meet the required standard of 
performance; 

(e) that the employee has five working days (or such longer period as the Employer 
considers reasonable in the circumstances) to explain any reasons for 
unsatisfactory performance; 

(2) After consideration of the employee’s response or failure to respond within the period set 
by the Employer under subclause (1)(e), the Employer will notify the employee of the 
decision in writing that: 

(a) performance is satisfactory and no further action will be taken; or 

(b) performance continues to be unsatisfactory and a support period will commence 
(being not less than ten working days) for the employee to improve their 
performance to the required standard.  In this case the employee is to be advised 
that the employee may appeal the decision however an appeal will not delay the 
continuation of these procedures. 

Support Period 

(3) Where the Employer has informed the employee under subclause (2)(b) that a support 
period will commence the Employer will set the duration of the support period.  Depending 
on the circumstances, the support period would normally be between two and eight 
weeks. 

(4) providing feedback, support and opportunities to discuss progress.  It is important that an 








89   

 

employee be given opportunity and appropriate support to improve their performance.  
The parties recognise that support should be tailored to the specific needs of the 
individual, but is provided in an overall context which recognises that individuals are 
ultimately responsible for their own performance.  

(5) The Employer will ensure that a written record of the support that is provided, including 
meeting records, is maintained and copies provided to the employee in a timely manner. 

(6) At the completion of the support period the Employer will assess the performance of the 
employee.  Following this assessment the Employer will advise the employee in writing 
that: 

(a) performance is satisfactory and no further action will be taken provided that the 
employee’s performance continues to be at or above the required standard; or 

(b) performance continues to be unsatisfactory and that the employee has five 
working days (or such longer period as the Employer considers reasonable in the 
circumstances) to explain any reasons for the continued unsatisfactory 
performance. 

Decision 

(7) After consideration of the employee’s response or failure to respond within the period set 
by the Employer under subclause (6)(b), the Employer will notify the employee of the 
decision in writing that: 

(a) no further action will be taken provided that the employee’s performance 
continues to be at or above the required standard; or 

(b) performance continues to be unsatisfactory and a second support period will be 
put in place on the basis that the Employer considers that a realistic opportunity 
exists for the employee’s performance to improve to a satisfactory standard during 
the second support period; or 

(c) performance continues to be unsatisfactory and action will be taken by the 
Employer in accordance with the Education and Training Reform Act 2006 (Vic) (or 
its successor). 

(8) If action is taken under subclause (7)(c) the employee may appeal the decision under either 
the Education and Training Reform Act 2006 (Vic) or the Fair Work Act 2009 (Cth). 

 

 

  








90   

 

SCHEDULE 6  

Supported Wage System 

6.1. This Schedule defines the conditions which will apply to employees who, because of the 
effects of a disability, are eligible for a supported wage under the terms of this agreement.  In 
the context of this Schedule, the following definitions will apply: 

(1) Supported wage system means the Commonwealth Government system to promote 
employment for people who cannot work at full award wages because of a disability as 
documented in the Supported Wage System in Open Employment Handbook (as in force 
and amended from time to time). 

(2) Accredited assessor means a person accredited by the management unit established by 
the Commonwealth under the supported wage system to perform assessments of an 
individual's productive capacity within the supported wage system. 

(3) Disability support pension means the Commonwealth pension scheme to provide 
income security for persons with a disability as provided under the Social Security Act 
1991, as amended from time to time, or any successor to that scheme. 

(4) Assessment instrument means the form provided for under the supported wage system 
that records the assessment of the productive capacity of the person to be employed 
under the supported wage system. 

6.2. Eligibility criteria 

(1) Employees covered by this Schedule will be those who are unable to perform the range 
of duties to the competence level required within the class of work for which the 
employee is engaged under this agreement, because of the effects of a disability on their 
productive capacity and who meet the impairment criteria for receipt of a disability 
support pension. 

(2) This Schedule does not apply to any existing employee who has a claim against the 
Employer which is subject to the provisions of workers' compensation legislation or any 
provision of this agreement relating to the rehabilitation of employees who are injured in 
the course of their employment. 

(3) This Schedule does not apply to the Employer in respect of their facility, programme, 
undertaking, service or the like which receives funding under the Disability Services Act 
1986 and fulfils the dual role of service provider and sheltered employer to people with 
disabilities who are in receipt of or are eligible for a disability support pension, except 
with respect to an organisation which has received recognition under s.10 or under s.12A 
of the Disability Services Act 1986, or if a part only has received recognition, that part. 

6.3. Supported wage rates 

(1) Employees to whom this Schedule applies will be paid the applicable percentage of the 
minimum rate of pay prescribed by this agreement for the class of work which the 
person is performing according to the following Schedule: 

Assessed capacity Minimum agreement 
rate for class of work 

10%* 10% 

20% 20% 

30% 30% 








91   

 

40% 40% 

50% 50% 

60% 60% 

70% 70% 

80% 80% 

90% 90% 

(2) Provided that, the minimum amount payable will be not less than $90 per week or such 
greater amount as provided for in the Fair Work Commission’s annual National Minimum 
Wage decision.  

(3) Where a person's assessed capacity is 10%, they will receive a high degree of assistance 
and support. 

6.4. Assessment of capacity 

For the purpose of establishing the percentage of the agreement rate to be paid to an 
employee under this agreement, the productive capacity of the employee will be assessed in 
accordance with the supported wage system and documented in an assessment instrument by 
either: 

(1) The Employer and a union party to the agreement, in consultation with the employee or, 
if desired by any of these; 

(2) The Employer and an accredited assessor from a panel agreed by the parties to the 
agreement and the employee. 

6.5. Lodgement of Assessment instrument 

(1) All assessment instruments, under this Schedule, including the appropriate percentage of 
the agreement rate of pay, will be lodged by the Employer with the General Manager of 
the Fair Work Commission. 

(2) All assessment instruments will be agreed and signed by the parties to the assessment, 
provided that: 

(a) where a union is not a party to the assessment the General Manager of the Fair 
Work Commission will forward a copy of the assessment to that union; and 

(b) unless that union lodges an objection with the General Manager of the Fair Work 
Commission, the assessment will take effect after ten working days. 

6.6. Review of assessment 

The assessment of the applicable percentage should be subject to annual review or earlier on 
the basis of a reasonable request for such a review.  The process of review will be in 
accordance with the procedures for assessing capacity under the supported wage system. 

6.7. Other terms and conditions of employment 

Where an assessment has been made, the applicable percentage will apply to the wage rate 
only. Employees covered by the provisions of the Schedule will be entitled to the same terms 
and conditions of employment as all other workers covered by this agreement. 

6.8. Workplace adjustment 

The Employer wishing to employ a person under the provisions of this Schedule will take 
reasonable steps to make changes in the workplace to enhance the employee's capacity to do 
the job.  Changes may involve re-design of job duties, working time arrangements and work 








92   

 

organisation in consultation with other workers in the area. 

6.9. Trial period 

(1) In order for an adequate assessment of the employee's capacity to be made, the 
Employer may employ a person under the provisions of this Schedule for a trial period 
not exceeding twelve weeks, except that in some cases additional work adjustment time 
(not exceeding four weeks) may be needed. 

(2) During that trial period the assessment of capacity will be undertaken and the proposed 
wage rate for a continuing employment relationship will be determined. 

(3) The minimum amount payable to the employee during the trial period will be no less 
than $90 per week or such greater amount as provided for in the Fair Work Commission’s 
annual National Minimum Wage decision. 

(4) Work trials should include induction or training as appropriate to the job being trialled. 

(5) Where the Employer and employee wish to establish a continuing employment 
relationship following the completion of the trial period, a further contract of 
employment will be entered into based on the outcome of assessment under item 6.4 
hereof. 

  








Signatories: 

Jenny Atta 

Secretary 
Department of Education and Training 
2 Treasury Place 
EAST MELBOURNE 3002 

r 
'3 ! I .!!.._;2022 

Lisa Fitzpatrick 
State Secretary 
Australian Nursing and Midwifery 
Federation 
Victorian Branch 
535 Elizabeth Street 
MELBOURNE 3000 

Tina King 
President 
Australian Principals Federation 
Victorian Branch 
Suite 311/19 Milton Parade 
MALVERN 3144 

301 S:-12022 

Meredith Peace 

President 
Australian Education Union 
Victorian Branch 
126 Trenerry Crescent 
ABBOTSFORD 3067 

Karen Batt 
Secretary 
Community and Public Service Union 
Victorian Branch 
Level 4, 128 Exhibition Street 
MELBOURNE 3000 

so I s~ 12022 

93 


Signatories: Meredes Peace Jenny Atta Meredith Peace Secretary President Department of Education and Training Australian Education Union 2 Treasury Place Victorian Branch EAST MELBOURNE 3002 126 Trenerry Crescent ABBOTSFORD 3067 30/5/2022 30/5/2022 Lisa J'ybarek Haren Bark Lisa Fitzpatrick Karen Batt State Secretary Secretary Australian Nursing and Midwifery Community and Public Service Union Federation Victorian Branch Victorian Branch Level 4, 128 Exhibition Street 535 Elizabeth Street MELBOURNE 3000 MELBOURNE 3000 80/5/2022 30/5/2022 Tina King President Australian Principals Federation Victorian Branch Suite 311/19 Milton Parade MALVERN 3144 30/5/2022 93

Cases cited by this decision: