Award - Independent - School Assistants

PART 1 - APPLICATION AND OPERATION OF AWARD 

1. AWARD TITLE 
This award is titled the Victorian Independent Schools - School Assistants -Award 1998.

2. ARRANGEMENT 
This award is arranged as follows 
Part 1 - Application and Operation of Award 
» 1. Award Title
» 2. Arrangement
» 3. Commencement Date of Award and Period of Operation
» 4. Coverage of Award
» 5. Parties Bound
» 6. Definitions
Part 2 - Award Flexibility 
» 7. Enterprise Flexibility
Part 3 - Communication and Grievance Resolution 
» 8. Grievance Procedure 
Part 4 -Termination and Redundancy 
» 9. Redundancy
» 10. Termination of Employment
Part 5 - Hours of Work, Classification, Remuneration and Related Matters 
» 11. Hours of Work
» 12. Modes of Employment
» 13. Classifications
» 14. Rates of Pay 
» 15. Higher Duties
» 16. Payment of Monies
» 17. Supported Wage System
» 18. Traineeships
» 19. Superannuation
» 20. Meal Allowance
Part 6 - Types of Leave and Public Holidays 
» 21. Annual Leave for School Assistants in Receipt of Four Weeks' Annual Leave
» 22. Annual Leave for School Assistants in Receipt of Paid School Holidays
» 23. Leave Loading 
» 24. Public Holidays
» 25. Personal Leave
» 26. Long Service Leave
» 27. Leave Without Pay
» 28. Jury Service Leave
» 29. Parental Leave
Part 7 - Other Employment Matters 
» 30. Accident Make-up Pay» 31. Protective Clothing» 32. Breakage and Loss» 33. Posting of Award» 34. Leave Reserved» Appendix 1 - Remuneration Packaging - Wesley College ad The Peninsula School» Appendix 2 - Lutheran Schools

» Schedule 1 - Respondents

3. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION 
The award operates on and from 30 June 1998 and will remain in force for a period of twelve calendar months thereafter. 

4. COVERAGE OF AWARD 
This award will be binding on the employers listed in Schedule 1 in respect of persons employed as school assistants, as defined by Clause 6 - Definitions, of this Award. 

5. PARTIES BOUND 
5.1 Who is bound by this award  
This award is binding upon: 
5.1.1 the employers listed in Schedule I of this award, in respect of persons employed as school assistants who are eligible to be members of the Independent Education Union of Australia, whether or not those school assistants are members of the Union; and 
5.1.2 the Independent Education Union of Australia. 
5.2 Transmission of business 
5.2.1 Where a business is before or after the date of this award, transmitted from an employer (in this clause called the transmittor) to another employer (in this clause called the transmittee) and a school assistant who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee, then: 
5.2.1(a) the continuity of the employment of the school assistant will be deemed not to have been broken by reason of such transmission; and 
5.2.1(b) the period of employment which the school assistant has had with the transmittor or any prior transmittor will be deemed to be service of the school assistant with the transmittee. 
5.2.2 In this clause business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. 

6. DEFINITIONS 
For the purpose of this award: 
6.1 'Commission' means the Australian Industrial Relations Commission. 
6.2 'Employer' means any person, persons or body with authority to act on behalf of a school listed in Schedule I of this award. 
6.3 'School' means a non-government sub-primary, primary and/or secondary school which has been granted 'Approval for Opening' by the Registered Schools Board or is registered by the Registered Schools Board. 
6.4 'School Assistant' means a person who is ancillary to the process of teaching and includes school counsellors, guidance officers, curriculum advisers, audiovisual technicians, audiovisual coordinators, laboratory technicians, laboratory managers, library technicians, librarians, special education personnel, ethnic community and multicultural advisers, integration aides, school marshals, community information officers, computer and mathematics laboratory assistants, faculty administrators, extension education coordinators and teacher aides. 
6.5 'School Year' means the twelve months from the commencement of the first day of February in a year to the commencement of the first day of February of the following year. 

PART 2 - AWARD FLEXIBILITY 

7. ENTERPRISE FLEXIBILITY 
Where an employer or school assistants wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process will apply: 
7.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established. 
7.2 For the purpose of the consultative process the school assistants may nominate the Union or another to represent them. 
7.3 Where agreement is reached an application will be made to the Commission. 

PART 3 - COMMUNICATION AND GRIEVANCE RESOLUTION 

8. GRIEVANCE PROCEDURE 
8.1 Step 1 
Every attempt will be made to resolve a grievance by discussions between the employer and the school assistant(s) directly involved at the school or the employer and the union where the grievance is between the employer and the union. This does not preclude the right of either party to seek advice from outside the school, nor does it necessitate such an approach where this is impracticable. 
8.2 Step 2 
Where a grievance is not resolved by Step 1, the employer or the school assistant(s) may seek the assistance of a union, employer association or other representatives in order that a further attempt may be made to resolve the matter. 
8.3 Step 3 
Where the employer and the school assistant(s) are unable to resolve the matter, they may agree to refer it to a mutually acceptable mediator for resolution. Either party may seek the assistance of a representative. 
8.4 Step 4 
In the event that Steps 1, 2 and 3 fail to resolve the matter it may be referred by either party to the Commission. In normal circumstances, the matter should not be referred by either party to the Commission prior to the completion of Steps I and 2, and where agreed, Step 3. 

PART 4 TERMINATION AND REDUNDANCY 

9. REDUNDANCY 
9.1 Definition 
Redundancy occurs when an employer decides that the employer no longer wishes the job the school assistant has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour. 
9.2 Transfer to lower paid duties 
9.2.1 Where a school assistant is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the school assistant would have been entitled to if the employment had been terminated. 
9.2.2 In such circumstances, the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary rate for the number of weeks of notice still owing. 
9.3 Severance pay 
9.3.1 In addition to the period of notice prescribed for ordinary termination in 10.1, a school assistant whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a period of continuous service: 

Period of Continuous Service	Severance Pay
Less than 1 year	Nil
1 year but less than 2 years	4 weeks'pay
2 years but less than 3 years	6 weeks'pay
3 years but less than 4 years	7 weeks'pay
4 years and over	8 weeks'pay

9.3.2 For the purpose of this clause: 
9.3.2(a) 'Week's pay' means the ordinary time rate of pay for the school assistant concerned. 
9.3.2(b) 'Continuity of service' includes all service for which paid leave was applicable. Paid leave may include personal leave (sick leave, infectious diseases leave, carer's leave and bereavement leave), school holidays or annual leave, long service leave and leave during which accident make-up payments are being received by the school assistant. Periods of unpaid leave are not included, except at the discretion of the employer. 
9.3.3 Provided that the severance payment will not exceed the amount which the school assistant would have earned if employment with the employer had proceeded to the school assistant's normal retirement date. 
9.4 School assistant leaving during notice period 
9.4.1 A school assistant whose employment is terminated by reason of redundancy may terminate the contract of employment during the period of notice. 
9.4.2 A school assistant who terminates the contract of employment under 9.4.1 is entitled to the same benefits and payments under this clause had the school assistant remained with the employer until the expiry of such notice. However, in this circumstance, the school assistant is not entitled to payment in lieu of notice. 
9.5 Alternative employment 
An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for a school assistant. 
9.6 Time off during notice period 
9.6.1 During the period of notice of termination given by the employer a school assistant will be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. 
9.6.2 If the school assistant has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the school assistant will, at the request of the employer, be required to produce proof of attendance at an interview. 
9.6.3 A school assistant will not receive payment for the time absent where the school assistant does not produce proof of attendance at an interview in accordance with the employer's request. For this purpose a statutory declaration will be sufficient. 
9.7 Superannuation benefits 
9.7.1 Subject to further order of the Commission where a school assistant who is terminated receives a benefit from a superannuation scheme, the school assistant will only receive under 9.3 hereof the difference between the severance pay specified in that clause and the amount of the superannuation benefit the school assistant receives which is attributable to employer contributions only. 
9.7.2 If this superannuation benefit is greater than the amount due under 9.3 hereof then the school assistant will receive no payment under that clause. 
9.8 School assistants exempted 
This clause does not apply: 

• to school assistants engaged as replacement school assistants; or 

• where employment is terminated as a consequence of conduct that justifies summary dismissal; or 

• to casual school assistants; or 

• to school assistants engaged for a specified period of time or to complete a specific task or tasks. 

9.9 Employers exempted 
Subject to an order of the Commission, in a particular redundancy case, this clause will not apply to employers who employ less than fifteen employees. 
9.10 Incapacity to pay 
An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay. 

10. TERMINATION OF EMPLOYMENT 
10.1 Notice of termination by the employer 
10.1.1 An employer is required to give four weeks' notice in writing of the intention to terminate a school assistant's employment or full payment in lieu of notice will be given. Where a school assistant is entitled to school holidays, such notice will be given wholly within the one school term. 
10.1.2 In addition to the notice specified in 10.1.1, a school assistant over 45 years of age at the time of giving the notice with not less than two years' continuous service is entitled to an additional week's notice. 
10.1.3 Payment in lieu of notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the school assistant working part of the required period of notice and by the employer making payment for the remainder of the period of notice. 
10.1.4 In calculating any payment in lieu of notice in this clause, the salary a school assistant would have received in respect of the ordinary time they would have worked during the period of notice had the school assistant's employment not been terminated will be used. 
10.1.5 The period of notice in this clause will not apply in the case of dismissal for conduct that justifies summary dismissal or in the case of casual school assistants or school assistants engaged for a specific period of time or to complete a specific task or tasks. 
10.2 Notice of termination by a school assistant 
10.2.1 A school assistant is required to give four weeks' notice of termination in writing. Where the school assistant is entitled to school holidays, such notice will be given wholly within the one school term. 
10.2.2 Subject to financial obligations imposed on an employer by any Act, if a school assistant fails to give the full amount of notice, the employer has the right to withhold monies and benefits due to the school assistant with a maximum amount equal to the ordinary time rate of pay for the period of notice not given. 

PART 5 HOURS OF WORK, CLASSIFICATION5 REMUNERATION AND RELATED MATTERS 

11. HOURS OF WORK 
The hours of work of full-time school assistants will be 38 in any one week, or an average thereof per fortnight or month. 

12. MODES OF EMPLOYMENT 
12.1 Full-time school assistants 
A full-time school assistant means a school assistant who is employed for full-time hours each week of the school year, in any one school. 
12.2 Part-time school assistants 
12.2.1 A part-time school assistant means a school assistant, other than a casual school assistant, who is employed to work less than full-time hours, each week, in any one school. 
12.2.2 A part-time school assistant is entitled to all award entitlements on a pro rata basis. 
12.3 Replacement school assistant 
12.3.1 A replacement school assistant is employed to work on a fixed term basis for a prearranged period to replace another school assistant. 
12.3.2 A replacement school assistant may be employed on either a full-time or part-time basis. 
12.3.3 A replacement school assistant is entitled to award entitlements on a pro-rata basis. 
12.3.4 Before a replacement school assistant is employed, the employer must inform that person of. 

• the temporary nature of the employment; 

• the benefits which are applicable under this award; and 

• the rights under this award of any school assistant who is being replaced. 

12.3.5 The termination of employment of a replacement school assistant will be by the expiry of the period of employment or in accordance with the provisions of 10.1 of this award. 
12.4 Casual school assistants 
12.4.1 A casual school assistant is a school assistant who is employed: 12.4.1(a) for no longer than two concurrent school terms either on relieving work or to complete a fixed project; or 
12.4.l (b) for less than 38 hours per week or an average thereof per fortnight or month on work of an ongoing nature which does not involve the performance of a regular number of hours per week or an average thereof per fortnight or month. 
12.4.2 A 25 per cent loading is incorporated in the rate payable to a casual school assistant and is in lieu of any entitlement under this award to annual leave, leave loading, infectious diseases leave, personal leave or parental leave. 
12.5 Specified term employment 
Despite 12.3, an employer may employ a school assistant for a period of time on either a full-time or part-time basis: 

• To undertake a specified project for which funding has been made available; or 

• To undertake a specified task which has a limited period of operation. 

13. CLASSIFICATIONS 
13.1 Classifying school assistants 
13.1.1 Positions for ancillary staff employed in libraries, laboratories and on audio-visual duties, and as teacher aides will be classified in accordance with the following criteria. 
13.1.2 With the exception of Grade 1A, gradings will be given on a basis of a comparison of the work performed in the position with the duties which are specified as "typical" at each of the grades. A position need not involve all the duties listed as "typical" of the grade nor are the typical duties the only ones which may be required. 
13.1.3 Upon engagement, an employer will inform a school assistant of the classification grade and the rate of pay applying to that classification. 
13.2 Grade 1 
13.2.1 Positions 
Positions for which qualifications are not required: 

• teacher aide 

• library assistant 

• laboratory assistant 

• audio visual assistant 

13.2.2 Characteristics 
It is characteristic of this classification that the school assistant may be required to perform any combination of a wide range of routine functions under reasonably direct oversight but may, after gaining experience, exercise some degree of autonomy and exercise discretion. 
13.2.3 Typical duties 
The duties of positions at this level may include some or all of the following: 13.2.3(a) Library assistant: 
Provision of general assistance of a supportive nature for professional and - para-professional library staff including: 

• processing books (marking, covering, repairing and shelving) 

• sorting catalogue cards 

• accessioning 

• recording library statistics 

• participation in stocktaking 

• assisting in preparing display and graphic material 

• assisting with circulation systems 

• following up overdue loans 

• general typing and photocopying 

13.2.3(b) Audio-visual assistant 
Routine tasks associated with the operation of a resource centre or in connection with the maintenance, control and operation of audio-visual equipment of the school, such as assisting with audio and video recording. 
13.2.3(c) Laboratory assistant 
Routine tasks including: 

• simple maintenance of equipment and materials 

• care of fauna and flora 

• setting up less complex experiments such as are typically conducted at years 7-1 0 general science

• preparation of teaching aids under direction

• preparation of standard solutions 

13.2.3(d) Teacher-aide 
Provision of general assistance of a supportive nature for teaching staff as directed including: 

• assist with the collection, preparation and distribution of teaching aids 

• maintain records of books and materials distributed 

• assist with clerical duties associated with normal classroom activities eg. pupil records, collections etc 

• collect and distribute stock and equipment 

• assist teachers with care of children on school excursions, sports days, and other out of classroom activities. 

13.3 Grade 1A 
13.3.1 Characteristics 
Positions, the occupants of which are required by the employer to undertake a relevant post-secondary course of study. 
13.3.2 Positions 

• library technician-in-training 

• laboratory technician-in-training 

• audio-visual technician-in-training 

13.4 Grade 2 
Positions, the duties of which require knowledge and skills which would normally be gained by completion of a relevant post-secondary certificate or associate diploma qualification, but could also be gained from on the job relevant experience considered equivalent by the employer. 
13.4.1 Positions 

• library technician 

• laboratory technician 

• audio-visual technician 

13.4.2 Characteristics 
It is characteristic of this classification that the school assistant may be required to perform any combination of a wide range of functions under direction but may, after gaining experience, exercise some degree of autonomy and accept personal responsibility for some functions requiring initiative and exercise discretion. 
13.4.3 Typical duties 
In addition to some or all Grade 1 or Grade 1A duties, the duties of positions at this level may include some or all of the following: 
13.4.3(a) Library technician 
Performance of responsible tasks associated with the efficient operation of a library including such tasks as: 

• assisting teachers and students to use the catalogue and/or locate books and resource material 

• explaining the function and use of the library and library equipment to students 

• under direction, assist teaching staff to take story groups 

• searching and identifying fairly complex bibliographic material 

• simple copy cataloguing 

• filing catalogue cards 

• organising inter-library loans 

• answering ready-reference enquiries 

• supervising dispatch and recovery of damaged books to/from commercial binders 

13.4.3(b) Audio-visual technician 
Performing responsible tasks associated with the efficient operation of an audio-visual section including such tasks as: 

• operating and maintaining a wide range of equipment 

• demonstrating and explaining the operation of equipment

• providing general technical support for teaching staff 

• reproducing materials by means of sound and photographic equipment, etc 

• evaluating and making recommendations for purchase 

13.4.3(c) Laboratory technician 
Performing responsible tasks associated with the efficient operation of the laboratory/s including such tasks as: 

• manufacturing and servicing equipment 

• implementing measures for proper storage control and handling or disposal of dangerous or toxic substances 

• culturing, preparing for use and being responsible to the Head of Department for the security of bacterial, viral or other like substances 

• ordering supplies and materials 

13.5 Grade 3 
Positions, the duties of which require, in addition to the knowledge and skills required at Grade 2 level, additional experience or knowledge such as would normally be gained from the completion of an additional year of post-secondary qualification but could also be gained from on the job relevant experience considered equivalent by the employer. 
13.5.1 Positions 

• senior library technician 

• librarian 

• senior laboratory technician 

• laboratory manager 

• senior audio-visual technician 

• audio-visual co-ordinator 

13.5.2 Characteristics 
It is an essential characteristic of a school assistant at this classification level that such school assistant is often required to exercise significant initiative and discretion, work with little supervision, and demonstrate expertise and accept personal responsibility significantly beyond that required of a school assistant classified as a school assistant Grade 1, 1A or 2. 
13.5.3 Typical duties 
In addition to some duties specified for lower level positions, the duties of positions at this level may include some or all of the following: 
13.5.3(a) Senior library technician/librarian 
Performing responsible tasks associated with the efficient operation of a library such as: 

• preparing descriptive cataloguing for library materials 

• supervising the operation of circulation systems 

• answering reference and information enquiries other than ready reference 

• assisting in evaluating and selecting equipment and supplies 

• providing guidance in the use of information systems 

• supervising staff 

• arranging in-service training of para-professional and unqualified staff where appropriate 

• in-charge of an identifiable functional unit (eg. audio-visual) 

• selection and ordering of periodicals 

• liaison with outside bodies (schools, public libraries, educational authorities) regarding the use of and access to external materials 

13.5.3(b) Senior A/V technician/laboratory manager 
Under general direction, undertake substantial responsibility associated with the efficient operation of an audio-visual department including some or all duties of lower level positions, and in addition some or all of the following: 

• production of resource material, eg. multi media kits, video and film clips

• teaching skills to teachers and individual students 

• maintaining security of equipment and materials 

• budgeting 

• liaison with heads of department on curriculum 

• organising resources material 

• developing borrowing strategies 

• supervising staff 

13.5.3(c) Senior laboratory technician/laboratory manager 
Under general direction, undertake substantial responsibility associated with the efficient operation of the laboratory/s including some duties specified for lower level positions and in addition some or all of the following: 

• provision of technical assistance and advice as requested 

• assist in the planning and organisation of laboratories and field work - supervision of staff 

• testing of experiments 

• demonstrating experiments (with teaching staff) 

• responsible to Head of Department for safe storage, handling and 

• disposal of hazardous or toxic substances 

13.6 Grade 4 
Characteristics and duties as for Grade 3, but must be directly supervising at least two full-time staff or at least three staff if any are part-time. 

14. RATES OF PAY 
14.1 Adult rates: School assistants in receipt of four weeks' annual leave.
14.1.1 A full-time adult school assistant in receipt of four weeks' annual leave will be paid not less than the following rates of pay in 14.1.3 according to the classification of the position and years of experience. Positions will be classified in accordance with clause 13 - Classifications, of this award. 
14.1.2 A school assistant employed in a position that is not covered by clause 13 Classifications, is entitled to not less than the rates applicable to Grade 1.
14.1.3 The minimum adult rates of pay are as follows: 

	Weekly $	Annual $
Grade 1
In first year of experience	456.90	23840
In second year of experience	468.30	24435
In third year of experience	479.90	25040
In fourth year of experience	490.80	25609
In fifth year and thereafter	502.50	26220
Grade 1A
In first year of experience	517.10	26982
In second year and thereafter	527.30	27514
Grade 2
In first year of experience	527.30	27514
In second year of experience	538.70	28109
In third year of experience	550.10	28704
In fourth year of experience	559.50	29195
In fifth year of experience	570.90	29790
In sixth year and thereafter	582.30	30385
Grade 3
In first year of experience	582.30	30385
In second year of experience	596.00	31099
In third year of experience	609.80	31819
In fourth year of experience	623.60	32539
In fifth year of experience	637.30	33253
In sixth year and thereafter	651.00	33968
Grade 4
In first year of experience	623.60	32539
In second year of experience	637.30	33253
In third year of experience	651.00	33968
In fourth year of experience	664.80	34688
In fifth year of experience	678.50	35403
In sixth year and thereafter	692.20	36118

14.1.4 The weekly rate of pay is calculated by dividing the annual rate of pay by 52.18. 
14.2 Adult Rates: School assistants in receipt of paid school holidays
14.2.1 A full-time adult school assistant in receipt of paid school holidays will be paid not less than 48/52 of the rates of pay in 14.2.3 according to the classification of the position and years of experience. Positions will be classified in accordance with clause 13 - Classifications, of this award. 
14.2.2 A school assistant employed in a position that is not covered by clause 13 Classifications, is entitled to not less than the rates applicable to Grade 1.
14.2.3 Application of the formula 48/52 gives the following minimum adult rates of pay: 

	Weekly $	Annual $
Grade 1
In first year of experience	421.70	22006
In second year of experience	432.30	22555
In third year of experience	443.00	23114
In fourth year of experience	453.00	23639
In fifth year and thereafter	463.80	24203
Grade 1A
In first year of experience	477.30	24906
In second year and thereafter	486.70	25398
Grade 2
In first year of experience	486.70	25398
In second year of experience	497.30	25947
In third year of experience	507.80	26496
In fourth year of experience	516.50	26949
In fifth year of experience	527.00	27498
In sixth year and thereafter	537.50	28048
Grade 3
In first year of experience	537.50	28048
In second year of experience	550.20	28707
In third year of experience	562.90	29371
In fourth year of experience	575.60	30036
In fifth year of experience	588.30	30695
In sixth year and thereafter	600.90	31355
Grade 4
In first year of experience	575.60	30036
In second year of experience	588.30	30695
In third year of experience	600.90	31355
In fourth year of experience	613.60	32020
In fifth year of experience	626.30	32680
In sixth year and thereafter	638.90	33340

14.2.4 The weekly rate of pay is calculated by dividing the annual rate of pay by 52.18 
14.3 Part-time school assistants 
A part-time school assistant will be paid pro rata of the rate that the school assistant would be entitled to receive if employed as a full-time school assistant. The pro rata weekly salary shall be assessed according to the following formula: 
(Total hours employed per week/38)
x
appropriate full-time weekly rate of pay
14.4 Incremental advancement 
14.4.1 Advancement to the next increment within the appropriate Grade will take place on the anniversary of a school assistant's first appointment or in the case of noncontinuous service, after the completion of the equivalent of a school year. A school assistant employed for 50 per cent or less of full-time working hours will be required to complete 24 months' service before advancement. 
14.4.2 Service for the purposes of this clause will include all service in any other school at the grade to which the school assistant is appointed. 
14.5 Casual school assistant 
14.5.1 A casual school assistant will be paid an hourly rate of pay calculated as follows: 
(Weekly rate in 14.1.3 for 1st year of adult experience for the appropriate grade/38)
x
1.25 
14.5.2 The 25 per cent loading incorporated in the rate of pay is in lieu of any entitlement under this award to annual leave or school holidays, leave loading, personal leave (including sick leave, bereavement leave and carer's leave) or parental leave. 
14.6 Junior school assistant 
A junior school assistant employed pursuant to 14.1 or 14.2 is entitled to be paid not less than the following percentage of the full-time rate of pay for the position and years of experience, classified in accordance with clause 13 - Classifications, of this award 

14.7 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages May 2001 decision [PR002001]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 

15. HIGHER DUTIES 
15.1 An employer may direct that a school assistant temporarily performs duties applicable to a classification higher than that of such school assistant. 
15.2 Where a school assistant performs such duties for more than one week and those duties constitute the whole or substantially the whole type of duties which would attract the higher classification, that school assistant will be paid the rate of pay applicable to the higher classification for the whole period during which the said duties are performed. 

16. PAYMENT OF MONIES 
16.1 Timing 
All monies payable by an employer to a school assistant will be paid: 

• once each fortnight; or 

• once every four weeks at the end of the first fortnight including payment for two weeks in arrears and two weeks in advance; or 

• once every month with payment being made as nearly as possible on the middle day of each month including one half month in arrears and one half month in advance.

16.2 Form of payment 
The employer may elect to pay salaries and allowances by cash, cheque or direct transfer. Where monies are paid by direct transfer, the school assistant has the right to nominate the financial institution account. 

17. SUPPORTED WAGE SYSTEM 
17.1 Application and definitions 
17.1.1 This clause defines the conditions that will apply to school assistants who, because of the effects of a disability, are eligible for a supported wage under the terms of this award. 
17.1.2 In the context of this clause, the following definitions will apply: 
17.1.2(a) Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award rates of pay because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process; 
17.1.2(b) Accredited assessor means a person accredited by the managing unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system; 
17.1.2(c) Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, as amended from time to time, or any successor to that scheme. 
17.1.2(d) 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. 
17.2 Eligibility criteria 
17.2.1 School assistants covered by this clause 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 school assistant is engaged under this award because of the effects of a disability on the school assistant's productive capacity; and 

• who meet the impairment criteria test for a disability support person.

 
17.2.2 This clause does not apply to any existing school assistant who has a claim against the employer which is subject to: 

• the provisions of workers' compensation legislation; or 

• any provision of this award relating to the rehabilitation of school assistants who are injured in the course of employment with the employer.

17.2.3 This clause does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Service 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 s. 12A of that Act, or if a part only has received recognition, that part. 
17.3 Supported wage rates 
17.3.1 Subject to 17.3.2 and 17.3.3, school assistants to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the school assistant is performing according to the following schedule: 

17.3.2 The minimum amount payable will not be less than $45.00 per week. 
17.3.3 Where the school assistant's assessed capacity is 10%, the school assistant will receive a high degree of assistance and support. 
17.4 Assessment of capacity 
For the purpose of establishing the percentage of the award rate of pay to be paid to a school assistant under this award, the productive capacity of the school assistant will be assessed in accordance with the supported wage system and documented in an assessment instrument by either: 

• the employer and a union party to the award, in consultation with the school assistant; or 

• if desired by any of these, the employer and an accredited assessor from a panel agreed by the parties to the award and the school assistant.

17.5 Lodgement of assessment instrument 
17.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award rate of pay to be paid to the school assistant, will be lodged by the employer with the Registrar of the Australian Industrial Relations Commission. 
17.5.2 All assessment instruments will be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it will be referred by the Registrar to the union by certified mail and will take effect unless an objection is notified to the Registrar within ten working days. 
17.6 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. 
17.7 Other terms and conditions of employment 
Where an assessment has been made, the applicable percentage will apply to the rate of pay only. School assistants covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other school assistants covered by this award paid on a pro-rata basis. 
17.8 Workplace adjustment 
An employer wishing to employ a school assistant under the provisions of this clause will take reasonable steps to make changes in the workplace to enhance the school assistant's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other school assistants in the area. 
17.9 Trial period 
17.9.1 In order for an adequate assessment of the school assistant's capacity to be made, an employer may employ a school assistant under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed. 
17.9.2 During the trial period, the assessment of capacity will be undertaken and the proposed rate of pay for a continuing employment relationship will be determined. 
17.9.3 The minimum amount payable to the school assistant during the trial period will be no less than $45.00 per week. 
17.9.4 Work trials should include induction or training, as appropriate, to the job being trialled. 
17.9.5 Where the employer and the school assistant 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 17.4. 

18. TRAINEESHIPS 
18.1 Application 
18.1.1 Subject to 18.1.2 herein, the provisions of this clause will apply to persons who are undertaking a Traineeship (as defined). 
18.1.2 Notwithstanding the foregoing, the provisions of this clause will not apply to employees who were employed by an employer bound by this award prior to the date of approval of a traineeship scheme relevant to the employer, except where agreed between the employer and the Union. 
18.1.3 At the conclusion of the Traineeship, this clause ceases to apply to the employment of the Trainee and the award will apply to the former trainee. 
18.2 Objective 
The objective of this clause is to assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of Trainees, particularly young people, and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees will be displaced from employment by Trainees. 
18.3 Definitions 
18.3.1 'Approved Training' means training undertaken (both on or off the job) in a Traineeship and will involve formal instruction, both theoretical and practical, and supervised practice in accordance with a Traineeship Scheme approved by the State Training Board (Victoria) or NETTFORCE. The training will be accredited and lead to qualifications as set out in 18.4.5. 
18.3.2 'Trainee' means an employee who is bound by a Traineeship Agreement made in accordance with these provisions. 
18.3.3 'Traineeship' means a system of training which has been approved by the State Training Board (Victoria) or which has been approved on an interim basis by the National Employment and Training Taskforce (NETTFORCE), until final approval is granted by the State Training Board (Victoria). 
18.3.4 'Traineeship Agreement' means an agreement made subject to the terms of this clause between an Employer and the Trainee for a Traineeship and which is registered with the State Training Board (Victoria), NETTFORCE, or under the provisions of the Vocational Education and Training Act 1990 or any successor legislation. A Traineeship Agreement will be made in accordance with the relevant approved Traineeship Scheme and will not operate unless this condition is met. 
18.3.5 'Traineeship Scheme' means an approved Traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise. A Traineeship Scheme will not be given approval unless consultation and negotiation with the union upon the terms of the proposed Traineeship Scheme and the Traineeship have occurred. An application for approval of a Traineeship Scheme will identify the union and demonstrate to the satisfaction of the approving authority that the abovementioned consultation and negotiation have occurred. A Traineeship Scheme will include a standard format which may be used for a Traineeship Agreement. 
18.3.6 'Parties to a Traineeship Scheme' means the employer and the union involved in the consultation and negotiation required for the approval of a Traineeship Scheme. 
18.3.7 References in this clause to the State Training Board (Victoria) or NETTFORCE will be taken to be a reference to NETTFORCE in respect of a Traineeship that is the subject of an interim approval but not a final approval by the State Training Board. 
18.4 Training Conditions 
18.4.1 The Trainee will attend an approved. training course or training program prescribed in the Traineeship Agreement or as notified to the Trainee by the State Training Board (Victoria) in accredited and relevant Traineeship Schemes; of NETTFORCE if the Traineeship Scheme remains subject to interim approval. 
18.4.2 A Traineeship will not commence until the relevant Traineeship Agreement, made in accordance with a Traineeship Scheme, has been signed by the employer and the Trainee and lodged for registration with the State Training Board (Victoria) or NETTFORCE, provided that if the Traineeship Agreement is not in a standard format a Traineeship will not commence until the Traineeship Agreement has been registered with the State Training Board (Victoria) or NETTFORCE. The employer will ensure that the Trainee is permitted to attend the training course or program provided for in the Traineeship Agreement and will ensure that the Trainee receives the appropriate on-the-job training. 
18.4.3 The employer will provide a level of supervision in accordance with the Traineeship Agreement during the traineeship period. 
18.4.4 The employer agrees that the overall training program will be monitored by officers of the State Training Board (Victoria) or NETTFORCE and that training records or work books may be utilised as part of this monitoring process. 
18.4.5 Training will be directed at: 
18.4.5(a) the achievement of key competencies required for successful participation in the workplace (where these have not been achieved) (e.g. literacy, numeracy, problem solving, team work, using technology), and as are proposed to be included in the Australian Vocational Certificate Level I qualification. This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or 
18.4.5(b) the achievement of competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies), as are proposed to be included in the Australian Vocational Certificate Level 2 qualification or above. 
18.5 Employment Conditions 
18.5.1 A Trainee will be engaged for no less than 30 hours per week for a maximum of one year's duration provided that a Trainee will be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the State Training Board (Victoria) or NETTFORCE, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship Scheme. 
18.5.2 An employer will not terminate the employment of a Trainee without firstly having provided written notice of termination to the Trainee concerned in accordance with the Traineeship Agreement and subsequently to the State Training Board (Victoria) or NETTFORCE. The written notice to be provided to the State Training Board (Victoria) or NETTFORCE will be provided within five working days of the termination. An employer who chooses not to continue the employment of a Trainee upon the completion of the traineeship will notify, in writing, the State Training Board (Victoria) or NETTFORCE of their decision. 
18.5.3 The Trainee will be permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the Traineeship Agreement. 
|18.5.4 Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period will be counted as service for the purposes of this award or any other legislative entitlements. 
18.5.5 All other terms and conditions of this award that are applicable to the Trainee or would be applicable to the Trainee but for this clause of the award will apply unless specifically varied by this clause. 
18.5.6 A Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in employment with the employer on successful completion of the Traineeship will not be entitled to any severance payments payable pursuant to termination, change and redundancy provisions or provisions similar thereto. 
18.5.7 A Trainee will not fill any of the hours allocated to an existing employee in a school. An employer will not reduce the total number of hours allocated to its employees as a result of the engagement of a Trainee. 
18.6 Wages 
18.6.1 The weekly wage of a Trainee will be calculated by the application of the formula: 
(hours worked per week/38)
x
the rate set in 18.6.3
Provided that the total number of hours paid per week will not be less than 30 hours. 
18.6.2 These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes approved training as defined in this award. 
18.6.3 The wage rates will be as follows: 

	Highest Year of Schooling Completed
School Leaver	Year 10 and below	Year 11	Year 12
	125.00 (50%)*	155.00 (33%)*	215.00
	146.00 (33%)*	175.00 (25%)*
plus 1 year out of school	175.00	215.00	250.00
plus 2 years	215.00	250.00	290.00
plus 3 years	250.00	290.00	333.00
plus 4 years	290.00	333.00
plus 5 years or more	333.00

*Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20 per cent. 
18.6.4 For the purposes of 18.6.3 above out of school will refer only to periods out of school beyond Year 10, and will be deemed to: 
18.6.4(a) include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling; 
18.6.4(b) include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10; and 
18.6.4(c) not include any period during a calendar year in which a year of schooling is completed. 

19. SUPERANNUATION 
19.1 Superannuation Legislation 
The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 
19.2 Ordinary time earnings 
19.2.1 Ordinary Time Earnings for the purpose of this clause includes: 
19.2.1(a) the award rate of pay appropriate to the school assistant's classification and mode of employment; 
19.2.1(b) any salary payments made in excess of award requirements; 
19.2.1(c) any allowance (but only for the period that the allowance is paid). 
19.3 Selection of fund 
19.3.1 Subject to 19.3.2 and 19.3.3, a school assistant is entitled to exercise individual choice of fund to receive payments pursuant to 19.4 
19.3.2 At any school with a fund in existence prior to the first full pay period commencing on or after 17 June 1994, the school assistant may choose between: 
19.3.2(a) the existing school fund; or 
19.3.2(b) Independent Victorian Education Superannuation Trust (INVEST). 
19.3.3 In all other schools, the school assistant may choose between: 
19.3.3(a) Combined Schools Superannuation Fund (CSSF); 
19.3.3(b) Independent Victorian Education Superannuation Trust (INVEST); 
19.3.3(c) Victorian Independent Schools Superannuation Fund (VISSF). 
19.3.4 If any fund referred to in this clause ceases to be a complying fund for the purposes of Division 2 of the Superannuation Industry (Supervision) Act 1993 that fund may no longer be chosen under this clause and each school assistant who chose that fund must make another choice, pending which the employer may make contributions to another complying fund of its choice. 
19.3.5 A school assistant's selection of fund will be final while that school assistant remains in the employment of the employer, unless otherwise agreed by the employer. 
19.4 Contributions 
19.4.1 The employer will contribute an amount equal to three percent of the school assistant's ordinary time earnings to the fund chosen by the school assistant pursuant to 1 9.3. 
19.4.2 Contributions remain payable during any period of paid leave. 
19.4.3 Contributions will be adjusted each time there is an increase or decrease in ordinary time earnings (as defined) in accordance with the rules of the fund. 
19.5 The provisions of subclause 19.2, 19.3 and 19.4 do not apply to the following respondents to this award: Aitken College, Andale School, Ascension College, Ballarat Christian College, Berengarra School, Central Goldfields Christian College, Cranbourne Christian College, The Currajong School, Darul Ulum College of Victoria, Frank Cheshire Education Centre, Frank Dando Sports Academy, Girton Grammar School, Ilim College, Isik College, Mount Scopus Memorial College, Rossbourne School, Seymour Christian College, Shepparton Christian Community School, St Anthony's Coptic Orthodox College, St Thomas Aquinas College, Victory Christian School. 

20. MEAL ALLOWANCE 
20.1 Application 
The employer will supply a school assistant with a meal should the employer require the school assistant to remain at school continuously until after 7.00 p.m on any day. 
20.2 Exception 
An exception to this is that the employer need not provide a meal if a school assistant can reasonably return home for meals. 

PART 6 TYPES OF LEAVE AND PUBLIC HOLIDAYS 

21. ANNUAL LEAVE FOR SCHOOL ASSISTANTS IN RECEIPT OF FOUR WEEKS' ANNUAL LEAVE 
21.1 A school assistant paid in accordance with 14.1 of this award will, other than in circumstances prescribed in 21.2, be entitled to four weeks' annual leave exclusive of public holidays falling within such leave. 
21.2 Where a school assistant takes leave without pay or unpaid carer's leave in excess of ten working days in any school year the school assistant's entitlement to annual leave will be calculated on the basis of one twelfth of that school assistant's number of working weeks (excluding paid holiday periods already received, periods of leave without pay and unpaid carer's leave) 
21.3 Where a school assistant's entitlement to paid annual leave has been reduced pursuant to 21.2 the period which, but for that reduction, would have been paid annual leave will be unpaid leave (other than leave without pay or unpaid carer's leave) and will be counted as service for all purposes of the award. 
21.4 A school assistant who is employed for part only of a school year will be paid a pro rata holiday entitlement calculated on the basis of one twelfth of that school assistant's number of working weeks (excluding paid holiday periods) at the rate of pay applicable at the time leave is taken or employment is terminated. 

22. ANNUAL LEAVE FOR SCHOOL ASSISTANTS IN RECEIPT OF PAID SCHOOL HOLIDAYS 
22.1 A school assistant paid in accordance with 14.2 of this award will other than in circumstances prescribed in 22.2, be entitled to school holidays without deduction of pay. 
22.2 Where a school assistant takes leave without pay or unpaid carer's leave in excess of ten working days in any school year, the school assistant's entitlement to school holidays will, at the discretion of the Principal, be calculated on the basis of one third of that school assistant's number of working weeks (excluding paid holiday periods already received, periods of leave without pay and unpaid carer's leave). 
22.3 Where a school assistant's entitlement to paid annual leave has been reduced pursuant to 22.2 the period which, but for that reduction, would have been paid annual leave will be unpaid leave (other than leave without pay or unpaid carer's leave) and will be counted as service for all purposes of the award. 
22.4 A school assistant who is employed for part only of a school year will be paid a pro rata holiday entitlement calculated on the basis of one third of that school assistant's number of working weeks (excluding paid holiday periods) at the rate of pay applicable at the time leave is taken or employment is terminated. 

23. LEAVE LOADING 
23.1 School assistants in receipt of four weeks' annual leave 
23.1.1 In addition to the payment prescribed in clause 21 - Annual leave for school assistants in receipt of four weeks' annual leave, and subject to 23.1.2 and 23.1.3, a school assistant vdll be paid leave loading assessed as follows:
(17.5% of number of school assistant's working weeks* /48)
x
(4 times the weekly rate of pay applicable on 1 December of that year, or when employment is terminated prior to that date, at the weekly rate of pay applicable at the time of termination of employment.) 
(*excluding paid holiday periods) 
23.1.2 A school assistant who ceases employment with an employer prior to the commencement of third term will not be entitled to leave loading. 
23.1.3 The employer may pay leave loading to the school assistant: 

• with the first salary payment in December of that year at the rate of pay applicable on 1 December; or 

• with each salary payment throughout the school year by increasing the annual rate of pay as at 1 February of that year, or as subsequently varied, by 1.346%, 

provided the employer advises the school assistant of the method of payment.
23.2 School assistants in receipt of paid school holidays 
23.2.1 In addition to the payment prescribed under clause 22 - Annual leave for school assistants in receipt of paid school holidays, and subject to 23.2.2 and 23.2.3 a school assistant will be paid leave loading assessed as follows:
( 17.5% of number of school assistant's working weeks* /48)
x
( 4 times the weekly rate of pay applicable on 1 December of that year, or when employment is terminated prior to that date, at the weekly rate of pay applicable at the time of termination of employment.) 
(*excluding paid holiday periods) 
23.2.2 A school assistant who ceases employment with an employer prior to the commencement of third term, will not be entitled to leave loading. 
23.2.3 The employer may pay leave loading to the school assistant: 

• with the first salary payment in December of that year at the rate of pay applicable on 1 December; or 

• with each salary payment throughout the school year by increasing the annual rate of pay as at 1 February of that year, or as subsequently varied, by 1.346%, 

provided the employer advises the school assistant of the method of payment 

24. PUBLIC HOLIDAYS 
24.1 Standard days 
A school assistant is entitled to holidays on the following days: 
24.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and 
24.1.2 the following days, as prescribed in Victoria: Australia Day, Anzac Day, Queen's Birthday and Labour Day; and 
24.1.3 Melbourne Cup Day or any other day substituted by an Act of Parliament or Proclamation 
provided that public holidays occurring during leave in accordance with clause 22 Annual leave for school assistants in receipt of paid school holidays, for a school assistant employed pursuant to 14.2 will not create additional entitlement. 
24.2 Holidays in lieu 
24.2.1 When Christmas Day is a Saturday or Sunday, a holiday in lieu will be observed on 27 December. 
24.2.2 When Boxing Day is a Saturday or Sunday, a holiday in lieu will be observed on 28 December. 
24.2.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu will be observed on the next Monday. 
24.3 Additional days 
Where in Victoria, public holidays are declared or prescribed on days other than those set out in 24.1 and 24.2 above, those days will constitute additional days for the purpose of this award. 
24.4 Substitute days 
24.4.1 By agreement between the employer and the majority of school assistants, an alternative day may be taken as the public holiday in lieu of any of the prescribed days. 
24.4.2 An employer and a school assistant may agree to the school assistant taking another day as the public holiday in lieu of the day which is being observed pursuant to: 
24.4.2(a) 24.1, 24.2 and 24.3; or 
24.4.2(b) 24.4. 1. 
24.4.3 An agreement made pursuant to 24.4.1 must be recorded in writing. The agreement must be made available to every affected school assistant. 
24.4.4 Any agreement reached pursuant to 24.4.1 or 24.4.2 must be recorded in the time and wages records kept by the employer in accordance with Division I of Part 9A of the Workplace Relations Regulations. 
24.4.5 If a school assistant is a member of the union bound by the award, then the school assistant may be represented by the union in meeting and conferring with the employer about the substitute day or days. 
24.4.6 Where the employer proposes to substitute a day other than the public holiday prescribed by the award, the employer will give no less than five working days' notice of the intention to reach agreement to this effect. 

25. PERSONAL LEAVE 
25.1 Amount of paid personal leave 
25.1.1 Paid personal leave is available to a school assistant when the school assistant is absent due to: 

• personal illness or injury (sick leave); or 

• for the purposes of caring for an immediate family or household member that is sick and requires the school assistant's care and support (carer's leave); or 

• bereavement on the death of an immediate family or household member (bereavement leave). 

25.1.2 A full-time school assistant is entitled to eighteen days of paid personal leave in each year of service. 
25.1.3 In any year, unused personal leave accrues by the lesser of. 
25.1.3(a) fifteen days less the total amount of sick leave and carer's leave taken during the year; or 
25.1.3(b) the balance of the year's unused personal leave. 
25.1.4 Personal leave may be taken for part of a single day. 
25.2 Immediate family or household 
25.2.1 The entitlement to carer's leave or bereavement leave is subject to the person in respect of whom the leave is taken being either: 
25.2.1(a) a member of the school assistant's immediate family; or 
25.2.1(b) a member of the school assistant's household. 
25.2.2 The term immediate family includes.. 
25.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the school assistant. A de facto spouse means a person of the opposite sex to the school assistant who lives with the school assistant as the husband or wife of that person on a bona fide domestic basis; and 
25.2.2(b) child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the school assistant or spouse of the school assistant. 
25.3 Sick leave 
25.3.1 Definition 
Sick leave is leave to which a school assistant, other than a casual school assistant, is entitled without loss of pay because the school assistant is unable to perform the school assistant's duties by reason of personal illness or injury. 
25.3.2 Entitlement 
25.3.2(a) The amount of personal leave a school assistant may take as sick leave depends on how long the school assistant has worked for the employer and accrues as follows: 

• in the first year of service, six days during the first term worked and thereafter, an additional three days at the commencement of each subsequent school term; 

• in the second and each subsequent year of service, fifteen days at the commencement of that year. 

25.3.2(b) Accumulated personal leave may be used for sick leave if the current sick leave entitlement is exhausted. 
25.3.3 Evidence supporting claim 
A school assistant is entitled to sick leave provided that: 
25.3.3(a) the school assistant produces a medical certificate or other evidence satisfactory to the employer for any absence of more than two consecutive days; 
25.3.3(b) if so required by the employer, the school assistant provides a medical certificate or other evidence satisfactory to the employer for any absence continuous with a holiday to which the school assistant is entitled and which would not otherwise require the production of a certificate; 
25.3.3(c) the school assistant produces a medical certificate or other evidence satisfactory to the employer where the number of days of paid sick leave already taken without the production of a medical certificate or other evidence satisfactory to the employer exceed five days in the one year. 
25.3.4 Sick leave whilst on long service leave 
An employer may require a school assistant who claims sick leave whilst on long service leave to be examined by a legally qualified medical practitioner who is reasonably accessible to the school assistant. 
25.3.5 Infectious diseases leave 
25.3.5(a) Subject to 25.3.5(b) below, a school assistant who is suffering from one of the infectious diseases known as: 

• German measles; 

• Chickenpox; 

• Mumps; 

• Measles; 

• Scarlet fever; 

• Whooping cough; 

• Rheumatic fever; or 

• Hepatitis

and the Principal is satisfied on medical advice that the school assistant has contracted the disease through a contact at the school and the disease is evident in the school, the school assistant will be granted special leave without deduction of pay. 
25.3.5(b) The school assistant must produce a medical certificate which specifically names the disease. 
25.4 Bereavement leave 
25.4.1 Paid leave entitlement 
A school assistant, other than a casual school assistant, is entitled to use up to three days' personal leave on any occasion on which a member of the school assistant's immediate family or household in Australia dies. 
25.4.2 Unpaid leave entitlement 
Where a school assistant has exhausted all personal leave entitlements, including accumulated leave entitlements, the school assistant is entitled to take unpaid bereavement leave. The employer and the school assistant should agree on the length of the unpaid leave. In the absence of agreement, the school assistant is entitled to take up to three days' unpaid leave. 
25.4.3 Evidence supporting claim 
The employer may require the school assistant to provide satisfactory evidence of the death of the member of the school assistant's immediate family or household. 
25.5 Carer's leave 
25.5.1 Paid leave entitlement 
25.5.1(a) A school assistant, other than a casual school assistant, is entitled to use up to five days' personal leave during each year of service to care for members of the school assistant's immediate family or household who are sick and require the school assistant's care and support. This entitlement is subject to the school assistant being responsible for the care and support of the person concerned. 
25.5.1(b) In normal circumstances, a school assistant is not entitled to take carer's leave where another person has taken leave to care for the same person. 
25.5.2 Notice required 
25.5.2(a) The school assistant must, where practicable, give the employer notice prior to the absence of the intention to take leave. 
25.5.2(b) The notice must include: 

• the name of the person requiring care and support and the person's relationship to the school assistant; 

• the reasons for taking such leave; and 

• the estimated length of absence. 

25.5.2(c) If it is not practicable for the school assistant to give prior notice of absence, the school assistant must notify the employer by telephone of such absence at the first opportunity on the day of absence. 
25.5.3 Evidence supporting the claim 
The school assistant must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another. 
25.6 Unpaid leave 
A school assistant may take unpaid carer's leave by agreement with the employer. 
25.7 Make-up time 
A school assistant may elect, with the consent of the employer, to work "make-up time", under which the school assistant takes time off during the regular hours of work and works those hours at a time or times agreed with the employer. 

26. LONG SERVICE LEAVE 
A school assistant is entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1992 (Vic) as amended from time to time. 

27. LEAVE WITHOUT PAY 
27.1 Discretion of employer 
While a school assistant has the right to apply for leave without pay, the granting of such leave is at the discretion of the employer. 
27.2 Leave arrangements 
27.2.1 Other than in exceptional circumstances, where a school assistant receives school holidays, leave without pay should preferably: 

• commence on the day following the last teaching day of a term; and 

• conclude on the day preceding the first teaching day of a term. 

27.2.2 An exception to 27.2.1 is where the employer has expressly agreed to the contrary 
27.3 Returning from leave 
If a school assistant is granted leave without pay, then the school assistant will be entitled to a position commensurate with the school assistant's qualifications and experience on the schools assistant's return. Specific duties will be by mutual agreement. 
27.4 Award entitlements 
Leave without pay does not break continuity of employment but is not to be taken into account in calculating the period of service for any purpose of this award where the period of leave without pay is in excess of ten working days in a school year. 

28. JURY SERVICE LEAVE 
28.1 Entitlement 
A school assistant (other than a replacement, casual, or specified term school assistant) required to appear and serve as a juror will be entitled to be granted leave for the period during which attendance at court is required. 
28.2 Conditions 
28.2.1 A school assistant must notify the employer as soon as possible of the date upon which the school assistant is required to attend for jury service. 
28.2.2 A school assistant must provide the employer with 

• written proof of the requirement to attend for jury service; 

• an estimate of the duration of the absence from duty. 

28.2.3 The school assistant must 

• inform the employer immediately of any change to the known period of absence; and 

• provide the employer with written proof of the payments made by the Court Authorities with respect to jury service. 

28.3 Reimbursement 
Subject to 28.2, an employer will reimburse a school assistant granted leave pursuant to 28.1 an amount equal to the difference between the amount paid in respect of the school assistant's attendance for such jury service and the amount of salary the school assistant would have received had the school assistant not been on jury service. 

29. PARENTAL LEAVE 
29.1 Definitions 
For the purposes of this clause. 
29.1.1 'Child' means a child of the school assistant under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the school assistant for the purpose of adoption, other than a child or step-child of the school assistant or of the spouse of the school assistant or a child who has previously lived continuously with the school assistant for a period of six months or more; 
29.1.2 'Continuous service' for the purpose of this clause means service under an unbroken contract of employment and includes: 

• any period of leave taken in accordance with this clause 

• any period of part-time employment worked in accordance with this clause, or 

• any period of leave or absence authorised by the employer or by the award. 

29.1.3 'Primary care-giver' means a person who assumes the principal role of providing care and attention to a child. 
29.2 Basic entitlement 
29.2.1 After twelve months of continuous service, parents are entitled to a combined total of 52 weeks' unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption. 
Provided that such leave will not extend beyond the child's first birthday in the case of maternity and paternity leave or the first anniversary of placement in the case of adoption leave and will only apply to a male school assistant in the case where the school assistant will be the primary care-giver of the child. 
Parental leave, other than leave taken pursuant to 29.2.2 should preferably commence on the day following the last day of a school term and conclude on the day preceding the first day of a school term. In order to facilitate such arrangements, the employer, where necessary, will extend the period of parental leave beyond the maximum prescribed entitlement should a school assistant agree to return from parental leave on the commencement of the school term immediately following the maximum period of parental leave otherwise required to be afforded to the school assistant. 
29.2.2 Parental leave is to be available to only one parent at a time, except both parents may simultaneously access the leave in the following circumstances: 
29.2.2(a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child; 
29.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child. 
29.2.3 Subject to 29.3.5 and 29.3.8, maternity leave will be unbroken leave. 
29.2.4 Any period of paternity leave or adoption leave taken, in addition to any leave taken in accordance with 29.2.2, will be unbroken. 
29.2.5 Parental leave is not available to a casual school assistant. 
29.3 Maternity leave 
29.3.1 In this clause, spouse includes a de facto spouse or a former spouse. 
29.3.2 A school assistant will provide to the employer at least ten weeks in advance of the expected date of commencement of parental leave: 
29.3.2(a) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; 
29.3.2(b) written notification of the date on which she proposes to commence maternity leave, and the period of leave to be taken; and 
29.3.2(c) a statutory declaration stating the particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment. 
29.3.3 Subject to 29.2.1 and unless agreed otherwise between the employer and the school assistant, a school assistant may commence parental leave at any time within six weeks immediately prior to the expected date of the birth. 
29.3.4 Where a school assistant continues to work within the six-week period immediately prior to the expected date of birth, or where the school assistant elects to return to work within six weeks after the birth of the child, an employer may require the school assistant to provide a medical certificate stating that she is fit to work on her normal duties. 
29.3.5 Where the pregnancy of a school assistant terminates after 28 weeks and the school assistant has not commenced maternity leave, the school assistant may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where a school assistant is suffering from an illness not related to the direct consequences of the birth, a school assistant may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave. 
29.3.6 Where leave is granted under 29.3.5, during the period of leave a school assistant may return to work at any time, as agreed between the employer and the school assistant provided that time does not exceed four weeks from the recommencement date desired by the school assistant. 
29.3.7 A school assistant will not be in breach of this clause if the school assistant fails to give the required notice because the birth occurred earlier than expected. 
29.3.8 Transfer to a safe job 
29.3.8(a) Where a school assistant 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 school assistant make it inadvisable for the school assistant to continue at her present work, the school assistant will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. 
29.3.8(b) If the transfer to a safe job is not practicable, the school assistant may elect, or the employer may require the school assistant, to take leave for such period as is certified necessary by a registered medical practitioner. Such leave will be treated as maternity leave for the purposes of 29.7, 29.8 and 29.9 
29.4 Paternity leave 
29.4.1 In this clause, spouse includes a de facto spouse or a former spouse. 
29.4.2 A school assistant will provide to the employer at least ten weeks prior to each proposed period of paternity leave: 
29.4.2(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and 
29.4.2(b) written notification of the dates on which he proposes to start and finish the period or periods of paternity leave; and 
29.4.2(c) a statutory declaration stating: 

• he will take that period of paternity leave to become the primary caregiver of a child; 

• particulars of any period of maternity leave sought or taken by his spouse; and 

• that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment. 

29.4.3 A school assistant will not be in breach of this clause if the school assistant fails to give the required notice because the birth occurred earlier than expected or because of other compelling circumstances. 
29.5 Adoption leave 
29.5.1 For the purpose of this clause, spouse includes a de facto spouse. 
29.5.2 The school assistant will notify the employer in writing at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. A school assistant may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the school assistant, the adoption of a child takes place earlier. 
29.5.3 Before commencing adoption leave, a school assistant will provide the employer with a statutory declaration stating: 
29.5.3(a) the school assistant is seeking adoption leave to become the primary caregiver of a child; 
29.5.3(b) particulars of any period of adoption leave sought or taken by the school assistant's spouse; and 
29.5.3(c) that for the period of adoption leave the school assistant will not engage in any conduct inconsistent with the school assistant's contract of employment. 
29.5.4 An employer may require a school assistant to provide confirmation from the appropriate government authority of the placement. 
29.5.5 Where the placement of a child for adoption with a school assistant does not proceed or continue, the school assistant will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the school assistant's return to work. 
29.6 Variation of period of parental leave 
Unless agreed otherwise between the employer and the school assistant, a school assistant may apply to the employer to change the period of parental leave on one occasion. Any such change is to be notified at least four weeks prior to the commencement of the changed arrangements. Provided that the maximum period of parental leave does not exceed 52 weeks. 
29.7 Parental leave and other entitlements 
A school assistant may in lieu of or in conjunction with parental leave, access other paid accrued leave entitlements, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks. 
29.8 Effect of parental leave on employment 
Despite any provision to the contrary, absence on parental leave will not break the continuity of service of a school assistant but will not be taken into account in calculating the period of service for any purpose of this award. 
29.9 Returning to work after a period of parental leave 
29.9.1 A school assistant will notify the employer of the school assistant's intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave. 
29.9.2 A school assistant will be entitled to the position which the school assistant held immediately before proceeding on parental leave. In the case of a school assistant transferred to a safe job pursuant to 29.3.8, the school assistant will be entitled to return to the position the school assistant held immediately before such transfer. 
29.9.3 Where such position no longer exists but there are other positions available for which the school assistant is qualified and the duties of which the school assistant is capable of performing, the school assistant will be entitled to a position as nearly comparable in status, hours and pay to that of the former position. 
29.10 Replacement school assistants 
29.10.1 A replacement school assistant is a school assistant specifically engaged or temporarily promoted or transferred, as a result of a school assistant proceeding on parental leave. 
29.10.2 Prior to engagement, a replacement school assistant will be infortned of the temporary nature of the employment and of the rights of the school assistant who is being replaced. 

PART 7 - OTHER EMPLOYMENT MATTERS 

30. ACCIDENT MAKE-UP PAY 
30.1 Definitions 
For the purposes of this clause: 
30.1.1 Relevant Act means in respect of an injury occurring prior to 4.00 p.m. on 31 August 1985 the Workers' Compensation Act 1958 or, in any other case, the Accident Compensation Act 1985 as amended from time to time; 
30.1.2 Injury has the same meaning as applies under the Relevant Act; 
30.1.3 Incapacity has the same meaning as applies under the Relevant Act. 
30.2 Entitlement to accident make-up pay 
30.2.1 Subject to 30.3, 30.4 and 30.5, the employer will pay a school assistant accident make-up pay if the school assistant suffers an injury compensated under the Relevant Act. 
30.2.2 Accident make-up pay will be calculated as follows: 
30.2.2(a) for each day that the school assistant is totally incapacitated, the school assistant will be paid an amount representing the difference between the school assistant's remuneration, including the total weekly award rate and any weekly overaward payments, at the date of the injury together with any variation in award rates, and the amount of compensation payable under the Relevant Act for the day in question; 
30.2.2(b) for each day that the school assistant is partially incapacitated, the school assistant will be paid an amount representing the difference between the school assistant's remuneration, including the total weekly award rate and any weekly overaward payments, at the date of the injury together with any variation in award rates, and the amount of compensation payable under the Relevant Act for the day in question together with the amount the school assistant is earning or is able to eam in some suitable employment. 
30.3 Eligibility for accident make-up pay 
In order for a school assistant to be eligible for accident make-up pay in accordance with 30.2: 
30.3.1 the school assistant, or a representative of the school assistant, must give notice in writing of the injury to the employer as soon as practicable; 
30.3.2 the school assistant must furnish evidence of the injury from time to time as required by the employer during the period of payment; 
30.3.3 the school assistant must advise the employer of any civil action or claim for damages the school assistant may make; 
30.3.4 the school assistant must attend medical examinations by a legally qualified medical practitioner, provided and paid for by the employer, as required by the employer in accordance with the Relevant Act; and 
30.3.5 the school assistant must authorise the employer to obtain any information concerning the injury or compensation payable with respect to the injury from the insurance company that is liable to pay such compensation. 
30.4 When entitlement ceases 
A school assistant will cease to be entitled to accident make-up pay if any of the following occurs: 
30.4.1 the school assistant ceases to be compensated under the relevant Act; 
30.4.2 the school assistant obtains a judgement or settlement for damages in respect of the injury from a third party; 
30.4.3 there is redemption of weekly compensation payments by the payment of a lump sum benefit under the Relevant Act; 
30.4.4 the partially incapacitated school assistant fails to take reasonable steps to find alternative employment; 
30.4.5 accident make-up pay has been paid for 39 weeks in respect of the saine injury; 
30.4.6 the school assistant dies. 
30.5 Effect of termination of employment 
Termination of the employment of a school assistant otherwise entitled to accident make-up pay does not affect the school assistant's entitlement except where: 
30.5.1 the termination is due to serious misconduct by the school assistant; or 
30.5.2 a partially incapacitated school assistant voluntarily terminates the school assistant's employment in circumstances where the employer is able and willing to offer the school assistant suitable employment. 
30.6 Accident make-up pay not payable 
Accident make-up pay will not be payable: 
30.6.1 during the first five working days of incapacity; 
30.6.2 during the first two weeks of employment; 
30.6.3 where the incapacity arises from an industrial disease contracted by a gradual process and, at the time of the incapacity, the school assistant has been employed for less than four weeks; or 
30.6.4 if the school assistant is on paid leave. 

31. PROTECTIVE CLOTHING 
Where protective clothing is deemed necessary by the employer for the performance of duties, such clothing will be either provided by the employer or cleaning costs incurred by the school assistant will be reimbursed. 

32. BREAKAGE AND LOSS 
A school assistant who takes reasonable care will not suffer loss of income for any accidental breakages or loss of property that occurs in the normal course of the school assistant's duties. 

33. POSTING OF AWARD 
A copy of this award will be conspicuously displayed. 

34. LEAVE RESERVED 
Leave is reserved to the parties to this award to vary clause 12 - Modes of employment, in respect of the definitions of full-time, part-time and casual school assistants. 

APPENDIX 1 
This appendix applies to Wesley College Melbourne and The Peninsula School and to all school assistants employed by these employers pursuant to the Victorian Independent Schools - School Assistants - Award 1998. 
REMUNERATION PACKAGING 
A.1 Application 
This clause will apply to employers wishing to facilitate the provision of salary and benefit packages to school assistants whose employment is covered by this award. 
A.2 Definitions 
For the purpose of this clause: 
A.2.1 Benefits means the benefits nominated by the school assistant from the benefits provided by the employer; 
A.2.2 Benefit Value means the amount specified by the employer as the cost to the employer of the Benefit provided including Fringe Benefits Tax, if any; 
A.2.3 Fringe Benefits Tax means tax imposed by the Fringe Benefits Tax Act 1986 (Cth). 
A.3 Conditions of employment 
Except as provided by this clause, a school assistant must be employed at a salary based on a rate of pay, and otherwise on terms and conditions not less than those prescribed by this award. 
A.4 Remuneration packaging 
The employer may offer to provide and the school assistant may agree in writing to accept: 

• the Benefits nominated by the school assistant; and 

• a salary equal to the difference between the Benefit Value and the salary which would have applied to the school assistant under A.3 in the absence of an agreement under this clause.

A.5 Benefits 
The Benefits will be those made available by the employer. 
A.6 Notification of Benefit Value 
The employer must advise the school assistant in writing of the Benefit Value before the school assistant and the employer enter into an agreement pursuant to A.4. 
A.7 Calculation of salary during leave 
During the currency of an agreement under A.4: 

• a school assistant who takes leave on full pay will receive the Benefits and salary referred to in A.4 of this clause; 

• a school assistant who takes leave without pay is not entitled to any Benefits during the period of leave; 

• a school assistant who takes leave on less than full pay will receive 

• the Benefits; and 

• an amount of salary calculated by applying the formula: 
  A = S x P% - [(100% - P%) x B] 
  where: 
  S = the salary determined under A.4 
  P = the percentage of salary payable during the leave 
  B = the Benefit Value 
  A = the amount of salary 

A.8 Other payments 
Any other payment under this award, calculated by reference to the school assistant's salary, however described, and payable: 

• during employment; or 

• on termination of employment in respect of untaken paid leave; or 

• on death, 

will be at the rate of pay which would have applied to the school assistant under A.3 in the absence of an agreement under A.4 of this appendix.

 APPENDIX 2 
This appendix applies to the Lutheran Church of Australia Victorian District in respect of the following Lutheran schools and employees employed in these schools pursuant to the Victorian Independent Schools - School Assistants - Award 1998 ("the Award"). 
Good Shepherd College, Macarthur Street & Mt. Napier Road, Hamilton, 3300 
The Good Shepherd Lutheran Primary School, 53-57 Plymouth Road, Croydon, 3136 
Holy Trinity Lutheran School, 920 Fifteenth Street, Mildura, 3502 
Horsham Lutheran Primary School, Trinity Drive, Horsham, 3402 
Luther College, Plymouth Road, Croydon, 3136 
Murtoa Lutheran School, 70 Duncan Street, Murtoa, 3390 
Nhill Lutheran Primary School, 2 Mackay Street, Nhill, 3418 
St. John's Lutheran Primary School, Geelong, 33 Aberdeen Street, Geelong, 3220 
St. John's Lutheran Primary School, Portland, 43-55 Tangmar Street, Portland, 3305 
St. Michael's Lutheran Primary School, Hamilton Highway, Tarrington, 3301 
St. Peter's Lutheran Primary School, Horsham Road, Dimboola, 3414 
Victory Primary School, Drages Road, Wodonga 3690 
1. Definition of school year 
The following definition of 'School Year' replaces the definition in Clause 6 (Definitions) of the Award for all purposes of the Award: "School Year" will be the twelve months from the commencement of the first day of January in a year to the commencement of the first day of January of the following year. 
2. Redundancy 
The following clause operates in conjunction with Clause 9 of the Award. Where suitable alternative employment is found by the employer which results in the transfer of the school assistant's accrued entitlements to the new school and continuity of employment is preserved, a severance payment will not apply. 
3. Superannuation 
The following clause replaces clause 19 of the Award- The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. A school assistant will have the employer's contribution paid to a complying fund of the school assistant's choice which includes the LCA Staff Superannuation Fund and the Independent Victorian Education Superannuation Fund. 
4. Removal leave 
Where, an employer requires and the school assistant agrees to work at a different location which requires the school assistant to move the school assistant's place of residence the school assistant will not be required to attend for duty on the moving day."