Victorian Catholic Schools and Catholic Education Offices Award

PART 1 - APPLICATION AND OPERATION OF AWARD

1 AWARD TITLE

This award shall be known as the Victorian Catholic Schools and Catholic Education Offices Award 1998.

2 ARRANGEMENT

[2 amended by PR907794 ; PR962601 ppc 13Sep05]

Part 1 - Application and operation of award

1 Award title
2 Arrangement [PR962601 ]
3 Term
4 Scope and parties bound
5 Definitions [PR962601 ]

Part 2 – General conditions of service

6 Accident make up pay [PR962601 ]
7 Annual leave, school holiday pay & leave loading [PR969567 ]
8 Breakages and loss
9 Contract of employment [PR969567 ]
10 Grievance procedures [PR954222 ]
11 Higher duties allowance [PR962601 ]
12 Work organisation
13 Leave with pay [PR969567 ]
13A. Bereavement leave [PR969567 ]
14 Leave without pay
15 Parental leave
16 Payment of wages and allowances
17 Protective clothing
18 Public holidays
19 Redundancy [PR954222 ]
20 Relieving employees [PR962601 ]
21 Replacement employees
22 Service continuity
23 Superannuation
24 Termination of employment [PR962601 ]
25 Travel allowance
25A. Provision of an evening meal [PR962601 ]

Part 3 – Teachers: salaries and specific conditions of service

26 Wages and allowances [PR962601 ]
27 Position on the incremental scale [PR962601 ]
28 Experience [PR962601 ]
29 Part-time teachers [PR962601 ]
30 Emergency teachers

Part 4 – School officers: salaries and specific conditions of service

31 Appointment
32 Classification
33 Wages [PR962601 ]
34 Experience
35 Hours of work

Part 5 – Education officers: salaries and specific conditions of service

36 Appointment
37 Classification levels [PR962601 ]
38 Wages [PR962601 ]
39 Experience
40 Hours of work
41 Part-time education officers/senior education officers or psychologists (education) or speech pathologists

Part 6 – Primary school principals: salaries and specific conditions of service

42 Classification
43 Wages [PR962601 ]
44 Expense reimbursement

Part 7 – Catholic Education Office clerical employees

45 Appointment
46 Classification levels [PR962601 ]
47 Wages [PR962601 ]
48 Experience
49 Hours of work
50 Part-time Catholic Education Office clerical employees

Part 8 - School services officers: salaries and specific conditions of service

51 Appointment [PR907794 ]
52 Classification [PR962601 ]
53 Wages [PR962601 ]
54 Hours of work
55 Overtime
56 Shift penalties
57 Broken shifts
58 On call
59 Meal breaks
60 Meal allowances
61 Tool allowance
62 Special provisions for Category D School Services Officers during school holidays
63 Savings clause

Part 9 - Other provisions

64 Enterprise flexibility provision
65 Safety net adjustments [PR964049 ]
66 Relationship to the National Training Wage Interim Award 1994

Appendices

Appendix 1 [PR969567 ]
Appendix 2 [PR954222 ]

Schedules

Schedule 1
Schedule 2 [PR964049 ]
Schedule 3 [PR964049 ]
Schedule 4 [PR962601 ]
Schedule 5 [PR962601 ]
Schedule 6 [PR962601 ]
Schedule 7 [PR964049 ]
Schedule 8 [PR964049 ]
Schedule 9 [PR964049 ]
Schedule 10 [PR964049 ]
Schedule 11 [PR964049 ]
Schedule 12 [PR964049 ]
Schedule 13 [PR964049 ]
Schedule 14 [PR964049 ]


3 TERM

This award shall come into force on 26 June 1998 and shall remain in force for twelve calendar months thereafter.


4 SCOPE AND PARTIES BOUND

4.1 This award shall apply and be binding upon:

4.1.1 the employers listed in Schedule 1 of this award, in respect of employees who are eligible to be members of the Independent Education Union (the Union), whether members of the Union or not; and

4.1.2 the Union.


5 DEFINITIONS

[5 varied by PR907794 ; substituted by PR962601 ppc 13Sep05]

5.1    “Catholic Education “ means any activity directly connected with the education of persons conducted by a Catholic institution in Victoria listed in Schedule 1 of this Award.

5.2    “Catholic Education Commission of Victoria (CECV)” means the body established by the Bishops of Victoria to develop policy in relation to Catholic education in Victoria.

5.3    “Catholic primary school” means a Catholic school registered by the Registered Schools Board as a primary school and includes those schools so registered where classes are held for years up to but not beyond Year Eight.

5.4    “Catholic secondary school”  means a Catholic school with classes to Year Ten or beyond, registered by the Registered Schools Board as a Secondary school, Junior secondary school and includes those schools so registered where primary classes are held.

5.5    “Catholic Special school” means a Catholic school registered by the Registered Schools Board as a Special school.

5.6    “Commission”  means the Australian Industrial Relations Commission.

5.7    “Curriculum Adviser” means a registered teacher who is employed in or in connection with Catholic Education Office to provide advice and assistance to Principals and School staffs in nominated curriculum areas.

5.8    “Employee” shall mean any person employed by an employer who is eligible to be a member of the Union, whether members of the union or not.  For the purposes of this Award, members of religious institutions and clergy, whether or not they are members of the Union, are not employees.

5.9    “Employer" shall mean any person, persons, or body listed in Schedule 1 of this Award.

5.10    “Enrolment” in respect of a particular year, means enrolment as at the Commonwealth Government’s mid-year census in the preceding year.

5.11    “Experience in relation to a registered teacher” means teaching experience after achieving the qualifications necessary for registration as a teacher with the Victorian Institute of Teaching.

5.12    “Deputy Principal” means a person appointed by an employer whether as a vice principal, deputy principal, assistant principal or campus head in a Catholic school.

5.13    “Placed Teacher”  means an employee, employed in or in connection with a Catholic Education Office who is employed as a registered teacher and placed in an educational setting outside a Catholic Education Office.

5.14    “Primary class” means any class from Year Preparatory through to Year 6, inclusive.

5.15    “Psychologist (Education)” means a registered teacher possessing formal Psychology Qualifications employed in or in connection with a Catholic Education Office to provide diagnostic assessment and direct guidance services to individuals, schools and groups and to assist and advise School authorities in relation to students with social, behavioural, emotional and cognitive disorders.

5.16    “Registered Schools Board” means the Registered Schools Board  established by the Education Act 1958 (Victoria).

5.17    “Registered Teacher” means a teacher who is registered by the Victorian Institute of Teaching pursuant to the Victorian Institute of Teaching Act 2001(Vic)

5.18    “School Term” means such periods as determined by the Victorian Government from year to year.

5.19    “School Year” means the period from the commencement of the first day of the Victorian government school year in one year to the commencement of the first day of the Victorian government school year in the next year as determined by the Victorian government from year to year.

5.20    “Secondary class” means any class from Year 7 through to Year 12, inclusive.

5.21    “Union” means the Independent Education Union of Australia

5.22    “Visiting Teacher” means a registered teacher who is employed in or in connection with a Catholic Education Office to provide consultancy support to Catholic Schools and students who are hearing impaired, visually impaired, or physically disabled.  Their duties may involve direct teaching of students in addition to the above.

 
PART 2 – GENERAL CONDITIONS OF SERVICE

6.    ACCIDENT MAKE UP PAY

[6 substituted by PR962601 ppc 13Sep05]

6.1    Entitlement to accident make-up pay

6.1.1    Where an employee becomes entitled to compensation payments under the Accident Compensation Act 1985 (Vic) (‘Act’), the employer who is liable to pay the compensation will pay to the employee accident make-up pay being an amount equivalent to the difference between:

6.1.2    Subject to clause 6.1.3, accident make-up pay will be paid for a maximum of 26 weeks, inclusive of school holidays, in respect of the same injury.

6.1.3    Accident make-up pay will be paid only while an employee continues to receive compensation under the Act.

6.2    Accident make-up pay not payable

6.2.1    Accident make-up pay will not be payable:

6.3    Eligibility for accident make-up pay

6.3.1    In order for an employee to be eligible for accident make-up pay in accordance with 6.1:

6.4    Accident make-up pay ceases

6.4.1    An employee will cease to be entitled to accident make-up pay if any of the following occur:

7.    ANNUAL LEAVE, SCHOOL HOLIDAY PAY & LEAVE LOADING

7.1    Annual leave

7.1.1    An Education Officer, Senior Education Officer, Catholic Education Office Clerical and Administrative Employee or Category A Placed Teacher is entitled to four weeks paid annual leave, exclusive of public holidays, after the completion of a year of service determined in accordance with clause 22 - Service continuity to be taken at a mutually agreed time, or failing agreement within six months of the leave falling due.

[7.1.2 substituted by PR907794 PR962601; PR969567 ppc 03Feb06]

7.1.2    Category A School Officer, and a Category A or D Schools Services Officer is entitled to four weeks paid annual leave after the completion of a year of service determined in accordance with clause 22 – Service continuity, to be taken, unless otherwise agreed, during the school holidays.

[7.1.3 inserted by PR962601 ppc 13Sep05]

7.1.3    A Category A School Officer, a Category A or D Schools Services Officer who suffers personal ill health or accident, covered by clause 13.5.3, whilst on annual leave is entitled to have an equivalent period of Annual Leave recredited and the same period of accrued sick leave deducted provided that;

[7.1.3 renumbered as 7.1.4 by PR962601 ppc 13Sep05]

7.1.4    With the consent of the employer, annual leave may be:

provided that where a workplace is closed, the employee may choose to take the period of closure as either leave without pay or annual leave in advance.

[7.1.4 renumbered as 7.1.5 by PR962601 ppc 13Sep05]

7.1.5    Where the employee requests payment in advance for the period of the annual leave, payment shall be made in advance, provided that at least four weeks notice is given to the employer.

7.2    Pro rata annual leave

[7.2.1 substituted by PR907794; PR962601 ppc 13Sep05]

7.2.1    A Category A School Officer, a Category A or D School Services Officer, Education Officer, Senior Education Officer, Catholic Education Office clerical and administrative employee or Category A Placed Teacher is entitled to a pro-rata payment of four weeks annual leave on termination of employment.

7.2.2    A pro-rata entitlement to annual leave shall be calculated on the following basis:

Number of weeks worked    x    4    x    employees weekly rate of pay
48               

from which result shall be deducted any amount already paid for annual leave.

7.3    School holiday pay

[7.3 substituted by PR907794; PR962601 ppc 13Sep05]

7.3.1    Subject to 7.4, a Primary School Principal, Deputy Principal, Teacher, Category B Placed Teacher, Curriculum Adviser, Category B School Officer and Category B School Services Officer is entitled to school holidays without deduction of pay.

7.3.2    Subject to 7.4, a Category C School Officer and Category C School Services Officer is entitled to seven weeks of the school holidays without deduction of pay.

7.4    Pro-rata school holiday pay

[7.4.1 substituted by PR907794 ppc 27Apr01; varied by PR962601 ppc 13Sep05]

7.4.1    A Primary School Principal, Deputy Principal, teacher, Category B School Officer, Category B School Services Officer, Curriculum Adviser, or Category B Placed Teacher has a pro-rata entitlement to school holidays without deduction of pay and a Category C School Officer and a Category C School Services Officer has a pro-rata entitlement to seven weeks of the school holidays where:

provided that this provision shall not be applied where an employee has moved from one employer to another employer during the school year without breaking continuity of service (as defined in clause 22 - Service continuity).

[7.4.2 substituted by PR907794 ppc 27Apr01; varied by PR962601 ppc 13Sep05]

7.4.2    Pro-rata school holiday pay shall be calculated on the following basis:

7.4.2(a)    Primary School Principals, Deputy Principal, Teachers, Category B School Officers, Category B School Services Officers, Curriculum Adviser and Category B Placed Teachers.

Number of weeks worked    x    10    x    employees weekly rate of pay
42               

from which result shall be deducted the amount already paid for school term holidays.

7.4.2(b)    Category C School Officers or Category C School Services Officer.

Number of weeks worked    x    7    x    employees weekly rate of pay
45               

from which result shall be deducted the amount already paid for school term holidays.

7.4.2(c)    For the purposes of this clause a working week is any week in the school year, as defined, regardless of the number of working days in that week.

7.5    Variation of hours or nature of employment

7.5.1    Variation of hours of part-time employment
If during a year, the number of hours of a part-time employee are changed, in accordance with 29.6 there shall be a proportionate adjustment to amounts payable under 7.1, 7.3 and 7.6.

7.5.2    Variation of full-time/part-time employment
If during a year, an employee changes from part-time to full-time or vice-versa, then at the time of such variation all entitlements under sub 7.1, 7.3 and 7.6 shall be calculated and paid. Save that, at the request of the employee, such payment may be withheld until either the time at which the employee takes annual leave or school holidays, or employment is terminated.

7.6    Leave loading

7.6.1    An employee who has an entitlement to paid annual leave or school holiday pay in accordance with 7.1.1, 7.1.2, 7.3.1 or 7.3.2, shall receive a loading of 17.5% on four weeks pay at the employee’s weekly rate of pay.

7.6.2    The leave loading shall be paid no later than within the last two working weeks of the school year, or at the time of termination  of employment as appropriate.

7.6.3    An employee who has an entitlement to a pro-rata period of leave or a pro-rata school holiday pay shall be entitled to a pro-rata leave loading calculated on the following basis:

[7.6.3(a) substituted by PR907794 ppc 27Apr01; varied by PR962601 ppc 13Sep05]

7.6.3(a)    Category A School Officers, Category A and D School Services Officers, Education Officers, Senior Education Officer Curriculum Advisor, Catholic Education Office Clerical and Administrative Employee or Category A Placed Teacher.

number of weeks worked    x 4 x 17.5% x employee’s weekly rate of pay
48   

[7.6.3(b) substituted by PR907794 ppc 27Apr01; varied by PR962601 ppc 13Sep05]

7.6.3(b)    Primary School Principal, Deputy Principal, teacher, Category B School Officer, Category C School Services Officer or Category B Placed Teacher.

number of weeks worked    x 4 x 17.5% x employee’s weekly rate of pay
42   

[7.6.3(c) substituted by PR907794 ppc 27Apr01]

7.6.3(c)    Category C School Officer and Category C School Services Officer.

number of weeks worked    x 4 x 17.5% x employee’s weekly rate of pay
45   

7.7    Emergency teachers and casual or relieving employees
An emergency teacher, casual employee or relieving employee, shall not be entitled to paid annual leave or school holidays.

7.8    Category B School Officer Category B School Services Officer recall

[7.8 substituted by PR907794 ppc 27Apr01]

Notwithstanding 7.3.1 above, a Category B School Officer may be recalled to duty during school holiday periods up to a maximum of six days in each school year. Such days shall immediately follow the end of a term or immediately precede the beginning of a term except where there is agreement between the employer and the employee that the recall should occur at another time.  The School Officer and Category B School Services Officer should be given as much notice of recall as possible but shall be given at least four working weeks notice of a recall, except in the case of an emergency an employer may not be able to give that notice and the employee may not be able to comply with the recall.  Part-time employees are subject to the same recall on a pro rata basis.

7.9    The employee’s weekly rate of pay for all purposes of this clause shall be the rate applicable to that employee on 1 December of that year or at the date of termination of employment.

 
8.    BREAKAGES AND LOSS

Provided that the employee has taken reasonable care, an employee will not be liable for any breakages or loss of property which occurs in the normal course of that employee’s duties.

 
9.    CONTRACT OF EMPLOYMENT

9.1    Subject to clause 24 - Termination of employment and 9.3 and 9.4 herein, employment under this award shall be of an on-going nature, except for casual employees and emergency teachers.

9.2    Letter of appointment
Upon engagement, each employee shall be given a letter of appointment.

9.3    Employment for a specified period of time

9.3.1    Without limiting the generality of the following, in normal circumstances, employment for a specified period of time will only occur

[9.3.2 inserted by S2267-S2958 from 04Sep98]

9.3.2    The employer shall provide in the letter of appointment, for employees covered by fixed term appointments, the reason for the employment being of fixed term duration and the date of commencement and the date of cessation of employment.

9.4    Abandonment of employment

9.4.1    If an employee has been absent from work for a continuous period exceeding five working days where the employee:

then the employer shall have the right to commence the following abandonment of employment procedure.

9.4.2    Procedure Step 1

9.4.3.    Procedure Step 2

9.5    Caring responsibilities - casual workers

[9.5 inserted by PR969567 ppc 03Feb06]

9.5.1    Subject to the evidentiary and notice requirements in 13.5.4(b) and (c), casual employees are entitled to not be available to attend work, or to leave work:

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

• upon the death in Australia of an immediate family or household member.

9.5.2    The employer and the employee shall 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 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

9.5.3    An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

9.5.4    For the purposes only of this clause and by reason only of the method of and restrictions on the length of engagement provided for elsewhere in this award an Emergency Teacher is not a casual employee.
 
10.    GRIEVANCE PROCEDURES

10.1    Step 1

10.1.1    Every attempt shall be made to resolve a grievance in the first instance, by discussions between the individuals directly involved at the workplace or the union and the employer where the grievance is between the union and the employer.  This does not preclude the right of either party to seek advice from outside the workplace, nor does it necessitate such an approach where this is impracticable.

10.2    Step 2

10.2.1    When a grievance is not resolved by Step One, the employee or the employer may seek the assistance of the union or the employer Association respectively in order that a further attempt can be made to resolve the matter.

10.3    Step 3

10.3.1    In the event that Steps One and Two 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 One and Two.

10.4    Until the grievance is determined, work shall continue normally in accordance with the custom or practice existing before the grievance arose, while discussions take place.
No party shall be prejudiced as to the final settlement by the continuance of work. Health and safety matters are exempted from this clause.

10.5    Redundancy disputes

[10.5 inserted by PR954222 ppc 07Dec04]

10.5.1    Paragraphs 10.5.2 and 10.5.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.

10.5.2    Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by any affected employee) in good time, with relevant information:

• the reasons for any proposed redundancy;

• the number and categories of workers likely to be affected; and

• the period over which any proposed redundancies are intended to be carried out.

10.5.3    Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.
 
11.    HIGHER DUTIES ALLOWANCE

11.1    Teachers and school officers

11.1.1    Any teacher or School Officer who is required to relieve for ten continuous working days or more, another employee who holds a designated position of responsibility or a higher School Officer Level position, and who performs the whole or the greater part of the duties and assumes the whole or the greater part of the responsibilities of that position, shall be entitled to receive, for the period of relief, the minimum allowance or rate of pay applicable for that position of responsibility or higher School Officer Level position.

11.2    Deputy Principal

[11.2 substituted by PR962601 ppc 13Sep05]

Where a Deputy Principal is appointed acting Principal for a period in excess of fifteen continuous working days such an acting Principal shall be entitled to receive for the period of the appointment a minimum rate of pay prescribed for that Principal position.

11.3    Education officers

11.3.1    Any Education Officer who is required to relieve for twenty continuous working days or more, another employee who holds a higher Senior Education Officer Grade or Level position, and who performs the whole or the greater part of the duties and assumes the whole or the greater part of the responsibilities of that position, shall be entitled to receive for the period of relief, the rate of pay applicable for that higher Grade or Level position.

11.4    School Services Officers

[11.4 inserted by PR907794 ppc 27Apr01]

11.4.1    A School Services Officer engaged for more than two hours during one day or shift on duties carrying a higher rate than their ordinary classification shall be paid the higher rate for such day or shift.  If for two hours or less during one day of shift they shall be paid the higher rate for the time so worked.
 
12.    WORK ORGANISATION

12.1    An employer may direct an employee to carry out such duties as are reasonably within the limits of the employee’s skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

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

12.3    Any direction issued by an employer pursuant to provis  ions 12.1 and 12.2 shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment.
 
13.    LEAVE WITH PAY

13.1    Examinations

An employee shall be entitled to leave with pay to attend compulsory examinations in courses of study relevant to the employee’s classification under this award.

13.2    Degrees and diplomas

An employee shall be entitled to leave with pay for purposes of having an appropriate degree/diploma or other approved qualification conferred in courses of study relevant to the employee’s classification under this award.

13.3    Infectious diseases

An employee shall be entitled to leave with pay when the employee contracts one of the following infectious diseases through a contact in the workplace and where the Principal/employer is satisfied that the disease is prevalent in the workplace: German measles, chicken pox, measles, mumps, glandular fever, scarlet fever, whooping cough, rheumatic fever, hepatitis. The employee must produce a medical certificate which specifically names the disease and the employee shall request in writing that the leave be not debited against sick leave.

13.4    Jury service

[13.4 substituted by PR962601 ppc 13Sep05]

13.4.1    An employee required under the Juries Act 2000 (Vic) to appear and serve as a juror in any court shall be entitled to be granted leave with pay for the period during which attendance at court is required.

13.4.2    An employee must provide written proof to the employer of the requirement to attend for jury service and an estimate of the duration of the absence from duty if given by the court.

13.4.3    Any payments made to the employee by Court Authorities with respect to jury service by way of a prescribed rate of remuneration but excluding allowances shall be reimbursed to the employer.

13.5    Personal leave

[13.5 substituted by PR969567 ppc 03Feb06]

The provisions of this clause apply to full-time and regular part-time employees but do not apply to casual employees. The entitlements of casual employees are set out in clause 9.5.

13.5.1    Amount of paid personal leave

• due to personal illness or injury (sick leave); or

• for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires the employee’s care due to an unexpected emergency (carer’s leave).

13.5.2    Immediate family or household

13.5.3    Personal leave for personal injury or sickness (sick leave)

An employee shall be entitled to leave with pay when unable to perform duties because of personal ill health or accident provided that:

13.5.3(c)(ii)    any unused sick leave at the end of each school year shall be converted to days per annum on the following basis:

13.5.4    Personal leave to care for an immediate family or household member

13A.    BEREAVEMENT LEAVE
The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 9.5.

13A.1    Paid leave entitlement
An employee, other than a casual employee, is entitled to up to three days bereavement leave on each occasion on which a member of the employee’s immediate family or household in Australia dies.

13A.2    Unpaid leave entitlement
Where an employee has exhausted all bereavement leave entitlements, the employee will be entitled to three days unpaid bereavement leave.

13A.3    Evidence supporting claim
The employer may require the employee to provide satisfactory evidence of the death of a member of the employee’s immediate family.
 
14.    LEAVE WITHOUT PAY

14.1    While an employee has the right to apply for leave without pay, the granting of such leave is at the discretion of the employer.

14.2    Leave without pay does not break continuity of service 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 fifteen days in a school year.

14.3    Leave without pay diminishes the entitlement an employee would otherwise have to School Holidays, annual leave and leave loading under this award for periods of leave without pay in excess of fifteen days, in that school year, in direct proportion to the amount of leave without pay taken.

14.3.1    If an employee is granted extended leave without pay, (i.e. four months or more) the question of the employee’s specific duties on return to work should be considered before the granting of such leave and any arrangements made should be documented.  If no such prior arrangement is made, an employee upon return to work shall be entitled to a position commensurate with their qualifications and experience in the case of Principals and teachers or at the same Level of Classification in the case of School Officers, Education Officers, Senior Education Officers and Catholic Education Office Clerical Employees.

14.3.2    When an employee is on extended leave without pay, the employee shall confirm an intention to return to work between ten and seven working weeks prior to the expiry of the leave.

14.3.3    If no confirmation of an intention to return to work is received, within seven working weeks prior to the expiry of the leave, the employee shall not be entitled to return to duty until the notice prescribed in 14.3.2 above has been given in writing to the employer. Provided that the employer has the right to require that an employee shall recommence duty either on the recommencement day originally approved or at the commencement of the next school term after the notice period expires or at any other time agreed by employer and the employee.  Such notice must be given prior to the expiration of the leave and must contain reasons why the required notice was not given in accordance with 14.3.2 above.

14.3.4    If an employee does not provide written notice of a return to work in accordance with 14.3.2 and no arrangement has been made in accordance with 14.3.3, the employer shall be entitled to apply, from the date of expiry of the approved leave without pay, the provisions of 9.4.

15.    PARENTAL LEAVE

15.1    The Award entitlements to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child for all employees covered by this Award shall be as provided in Appendix 1 of this Award.

16.    PAYMENT OF WAGES AND ALLOWANCES

16.1    Timing
Wages and allowances shall be paid at least once in every fortnight throughout the school year, except that, subject to clause 7 - Annual leave and school holiday pay and leave loading, such wages and allowances may be paid in advance at the discretion of the employer.

16.2    Method of payment
Wages and allowances shall be paid by cheque or electronic funds transfer by choice of the employer. Where an employee is paid by direct transfer such payments shall be transferred into an account of the employee’s nomination in any bank or recognised financial institution.

16.3    Composition of payment

16.3.1    By written agreement between the employer and the employee, a proportion of the employee’s wages and allowances may be paid as an employer contribution to the employee’s superannuation fund. Any such employer contribution to a superannuation fund must be in addition to the employer’s obligation under the Superannuation Guarantee (Administration) Act 1992.

16.3.2    By written agreement between the employer and a school principal, a proportion of the principal’s wages may be directed towards the payment of a novated car lease in accordance with the guidelines issued by the Diocesan Catholic Education Office which shall be provided to the principal.

16.4    Error in payment
When an error in payment of wages and/or allowances has been made, discussions should take place between the employee and the employer/principal regarding a scheme of payment to rectify the error.
 
17.    PROTECTIVE CLOTHING
Where protective clothing is deemed necessary by the employer such clothing shall be either provided by the employer or cleaning costs incurred by the employee shall be re-imbursed.
 
18.    PUBLIC HOLIDAYS

18.1    Standard days

18.1.1    An employee shall be entitled to holidays on the following days:

18.2    Holidays in lieu

18.2.1    When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

18.2.2    When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

18.2.3    When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

18.3    Additional days
Where in Victoria, public holidays are declared or prescribed on days other than those set out in 18.1.1(a) and 18.1.1(b) above, those days shall constitute additional holidays for the purpose of this award.
 
19.    REDUNDANCY

[19 substituted by PR954222 ppc 07Dec04]

19.1    Definitions

19.1.1    Business includes trade, process, business or occupation and includes part of any such business.

19.1.2    Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employees, except where this is due to the ordinary and customary turnover of labour.

19.1.3    Small employer means an employer who employs fewer than fifteen employees.

19.1.4    Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

19.1.5    Week’s pay means the ordinary time rate of pay for the employee concerned.

19.1.6    Continuity of service is defined in clause 22.

19.2    Transfer to lower paid duties
Where a employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and 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 time rate for the number of weeks of notice still owing.

19.3    Severance pay

19.3.1    Severance pay - other than employees of a small employer
An employee, other than a employee employed by a small employer as defined in 19.1, whose employment is terminated by reason of redundancy is entitled to 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 and less than 2 years (4 weeks pay*)
2 years and less than 3 years (6 weeks' pay)
3 years and less than 4 years (7 weeks' pay)
4 years and less than 5 years (8 weeks' pay)
5 years and less than 6 years (10 weeks' pay)
6 years and less than 7 years (11 weeks' pay)
7 years and less than 8 years (13 weeks' pay)
8 years and less than 8 years (14 weeks' pay)
9 years and less than 10 years (16 weeks' pay)
10 years and over (12 weeks' pay)


* Week’s pay is defined in 19.1.

19.3.2    Severance pay - employees of a small employer
A employee employed by a small employer as defined in 19.1 whose employment is terminated by reason of redundancy is entitled to 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 and less than 2 years (4 weeks pay*)
2 years and less than 3 years (6 weeks' pay)
3 years and less than 4 years (7 weeks' pay)
4 years and less than 5 years (8 weeks' pay)

* Week’s pay is defined in 19.1.

19.3.3    Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

19.3.4    Continuity of service is calculated in the manner prescribed by clause 22 provided that service prior to the first pay period commencing on or after 7 December 2004 will not be taken into account in calculating an entitlement to severance pay for a employee employed by a small employer pursuant to 19.3.2.

19.3.5    Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

19.4    Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 24 - Termination of employment. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

19.5    Alternative employment

19.5.1    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 an employee.

19.5.2    This provision does not apply in circumstances involving transmission of business as set in 19.7.

19.6    Job search entitlement

19.6.1    During the period of notice of termination given by the employer in accordance with 24.3, a employee 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.

19.6.2    If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of the employer, be required to produce proof of attendance at an interview or he or she will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

19.7    Transmission of business

19.7.1    The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

• in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
• which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

19.7.2    The Commission may vary 19.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

19.8    Employee exempted
This clause does not apply to:

• employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
• probationary employees;
• apprentices and trainees;
• employees engaged for a specific period of time or for a specified task or tasks; or
• casual employees.

19.9    Incapacity to pay
The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.
 
20.    RELIEVING EMPLOYEES

20.1    Notification

20.1.1    At the time of appointment, the employer shall provide written advice to the relieving employee, indicating:

20.2    Relieving teachers
[20.2 substituted by PR962601 ppc 13Sep05]
A relieving teacher may work either full time or part time for a specified period of time greater than three consecutive weeks in any one school year but less than eleven consecutive working weeks.

20.3    Relieving School Officers and School Services Officer
[20.3 substituted by PR907794; PR962601 ppc 13Sep05]
A relieving School Officer or School Services Officer may work either full time or part time for a specified period of time greater than seven working weeks in any one school year but less than eleven consecutive working weeks.

20.4    Loading

20.4.1    A relieving employee shall be paid a loading of 20 per cent on that employee’s salary in lieu of the following benefits:

21.    REPLACEMENT EMPLOYEES

21.1    Definition
A replacement employee is an employee who is employed for a specified period of time on either a full-time or a part-time basis for at least eleven school weeks to replace another employee absent on extended leave.

21.2    Notification
At the time of appointment, the employer shall provide written advice to the replacement employee indicating the temporary nature of the employment and the rights under this award of the employee who is being replaced.

21.3    Entitlements

21.3.1    Without limiting any other entitlement, a replacement employee shall be entitled to the benefits of the following clauses on a pro-rata basis:

22.    SERVICE CONTINUITY

22.1    For the purposes of this award, service shall be deemed to be continuous notwithstanding:

22.1.1    school holidays, annual leave or long service leave;

22.1.2    sick leave or an absence covered by the provisions of the Accident Compensation Act 1985 (Victoria) or Transport Accident Act 1986 (Victoria) where such absence is supported by a certificate from a qualified medical practitioner or other evidence satisfactory to the Principal/employer;

22.1.3    any other form of leave granted by the employer;

22.1.4    any absence with reasonable cause, supported by evidence satisfactory to the Principal/employer;

22.1.5    any interruption or termination of the employment by the employer if such interruption or termination is made with the deliberate intention of avoiding the obligations imposed by this award;

22.1.6    any interruption to the employment arising directly or indirectly from an industrial dispute;

22.1.7    any period between employers up to a maximum of fifteen consecutive working days in any one school year.

22.1.8    All other absences from service shall break continuity of service.

22.2    In calculating a year of service the following shall be included:

22.2.1    school holidays, annual leave or long service leave;

22.2.2    personal leave to the extent of personal leave credits;

22.2.3    absences covered by the Accident Compensation Act 1985 (Victoria) to the extent of Accident make up pay;

22.2.4    absences covered by the Transport Accident Act 1986 (Victoria) to a maximum of six months;

22.2.5    leave granted with pay;

22.2.6    leave without pay up to a maximum of fifteen days in any one year;

22.2.7    any period between employers up to a maximum of fifteen consecutive working days in any one school year.

22.2.8    All other absences shall be excluded.

23.    SUPERANNUATION

23.1    Entitlement
All employees, other than casual employees or emergency teachers, unless entitled by virtue of the provisions of the Superannuation Guarantee (Administration) Act 1992, shall be entitled to have payments made into an approved Superannuation Fund, the choice of fund to be in accordance with 23.2.

23.2    Choice of fund

23.2.1    Within fifteen days of commencement of service with an employer, an employee shall be entitled to elect to have the employer’s superannuation contributions paid into the employee’s account with the Catholic Superannuation Fund or the Australian Retirement Fund. Provided that at the time of engagement the employee shall be notified by the employer of such an entitlement.

23.2.2    Should the employee fail to notify the employer of the Fund elected, within fifteen days of commencement of service with that employer, then the employer may open an account on the employee’s behalf with the Catholic Superannuation Fund.
 
24.    TERMINATION OF EMPLOYMENT

24.1    Termination by the employer

24.1.1    An employer may terminate an employee’s employment in accordance with this clause:

24.2    Summary dismissal

24.2.1    An employer may terminate an employee’s employment summarily where that employee is guilty of serious misconduct, that is misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period.

24.2.2    In such cases salary shall be paid up to the time of dismissal only.

24.3    Notice of termination by the employer
[24.3.1 subtituted by PR907794 ppc 27Apr01]

24.3.1    School Officers, School Services Officers, Education Officers/Senior Education Officers and Catholic Education Office Clerical employees.

Period of Continuous service (severance pay)

24.3.2    Teachers and principals

24.3.3    Payment in lieu of the notice prescribed in 24.3.1 and 24.3.2 shall be made if the appropriate notice period is not given.

24.3.4    Employment may be terminated by the employer giving part of the period of notice specified and part payment in lieu thereof.

24.3.5    Payment in lieu of notice is calculated by taking the amount of salary an employee would have received on account of ordinary time which would have been worked during the notice period if the employee’s employment had not been terminated

24.3.6    The period of notice in this clause shall not apply in the case of an employee whose employment is for a specified period of time.

24.4    Notice of termination by the employee

24.4.1    The notice of termination to be given by an employee shall be:

[24.4.2 substituted by PR962601 ppc 13Sep05]
24.4.2    Where an employee fails to give at least four weeks’ notice or in respect of School Officers and School Services Officers such lesser period of notice as the award requires, the employer shall have the right to withhold moneys due equal to one week for each week of the required notice not given, up to a maximum of four weeks at the ordinary time rate of pay.

24.5    Time off during notice period
Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment.  The time off shall be taken at a time or times that are convenient to the employee after consultation with the employer.
 
25.    TRAVEL ALLOWANCE
Employees required by their employers to use their own motor vehicle in the performance of their duties shall be entitled to claim and, where such a claim is made, be paid an allowance at the rate per kilometre as set down from time to time by the Commonwealth Taxation Office for tax deduction purposes.
 
25A.    PROVISION OF AN EVENING MEAL
[25A inserted by PR962601 ppc 13Sep05]
The employer will supply the employee with a meal should the employer require the employee to remain at school continuously after 7.00pm on any day, provided that the employee has worked a minimum of five hours that day.  This provision shall not apply to persons employed as School Services Offices.
 
PART 3 – TEACHERS: SALARIES AND SPECIFIC CONDITIONS OF SERVICE

26.    WAGES AND ALLOWANCES

26.1    Registered teachers
[26.1 Registered and non-registered teachers title changed and varied by PR962601 ppc 13Sep05]
Subject to clause 27 - Position on the incremental scale, and clause 28 – Experience, of this award, registered teachers, other than Emergency Teachers (as defined), employed full-time in Victorian Catholic Schools shall be paid at the rate specified in Schedule 2 of this award.

26.2    Unregistered teachers
[26.2 deleted by PR962601 ppc 13Sep05]

26.2    Deputy Principal
[26.3 First assistant to the principal renumbered as 26.2 and substituted by PR962601 ppc 13Sep05]

26.2.1    Primary
A teacher appointed to a position as Deputy Principal in a Victorian Catholic Primary School shall be paid the allowance specified in Schedule 3 in addition to their salary.

26.2.2    Secondary
A teacher appointed to a position as Deputy Principal in a Victorian Catholic Secondary School, shall be paid the salary specified in Schedule 3.

26.2.3    The duties of a Deputy Principal may be confined to a particular area of school.  eg junior school or may be across the whole school.  Notwithstanding anything contained elsewhere in this award, the enrolment of that portion of the school across which the duties of a Deputy Principal extend, shall be the enrolment for the purposes of Schedule 3.

26.3    Curriculum advisers
[26.4 renumbered as 26.3 and substituted by PR962601 ppc 13Sep05]
A teacher appointed as a Curriculum Adviser shall be paid the allowance specified in Schedule 4 of this Award.

26.4    Placed teachers
[26.5 renumbered as 26.4 and substituted by PR962601 ppc 13Sep05]

26.4.1    Category B

26.4.2    Category A

27.    POSITION ON THE INCREMENTAL SCALE

27.1    Commencing and final steps

27.1.1    Registered teachers
Registered teachers who have satisfactorily completed an approved training course of:

27.1.1(a)    less than three years beyond secondary school (including teaching training) or equivalent shall commence at subdivision one but not progress beyond subdivision five.

27.1.1(b)    three years beyond secondary school (including teaching training) or equivalent shall commence at subdivision one but not progress beyond subdivision twelve.

27.1.1(c)    four years beyond secondary school (including teaching training) or equivalent shall commence at subdivision three but not progress beyond subdivision twelve.

27.1.2    Non-registered teachers
[27.1.2 deleted by PR962601 ppc 13Sep05]

27.1.3    Unregistered teachers
[27.1.3 deleted by PR962601 ppc 13Sep05]

27.2    Advancing up the incremental scale

27.2.1    Registered teachers
Registered teachers who have satisfactorily completed an approved training course (as defined):

27.2.2    Non-registered teachers
[27.2.2 deleted by PR962601 ppc 13Sep05]

27.2.3    Unregistered teachers
[27.2.3 deleted by PR962601 ppc 13Sep05]

27.3    The acquisition of approved additional qualifications

27.3.1    Registered teachers
[27.3.1 varied by PR962601 ppc 13Sep05]
The acquisition of an approved additional qualification:

27.3.2    Non-registered teachers
[27.3.2 deleted by PR962601 ppc 13Sep05]

27.3.3    Unregistered teachers
[27.3.3 deleted by PR962601 ppc 13Sep05]

27.3.2    Requirement to notify employer
[27.3.4 renumbered as 27.3.2 by PR962601 ppc 13Sep05]
It is a requirement of this award that the employee notify the employer in writing of the acquisition of additional qualifications together with the production of satisfactory evidence to this effect. Notwithstanding anything to the contrary an entitlement derived from the acquisition of additional qualifications shall not pre-date the date of notification.
 
28.    EXPERIENCE

28.1    Eligibility to accrue experience

28.1.1    Registered teachers
[28.1.1 Registered and non-registered teachers title changed by PR962601 ppc 13Sep05]
Accrual of experience shall commence from the date upon which a teacher commences a teaching appointment after obtaining the qualifications necessary for registration as a teacher with the Registered Schools Board, Victoria.

28.1.2    Emergency teachers
Any appointment as an emergency teacher shall not be counted as experience, except where the period of appointment extends beyond fifteen days in accordance with 30.2.2 and the total period of employment meets the requirements of 28.2.
[28.1.3 substituted by PR962601 ppc 13Sep05]

28.1.3    Service as an Education Officer or Senior Education Officer shall count as experience as a teacher.

28.2    Assessment of years of experience

28.2.1    A year of experience shall be credited if a teacher worked full-time for at least 35 weeks in a school year.

28.2.2    One quarter of a year of experience shall be credited if a teacher worked full-time for at least eight weeks in a school term.

28.2.3    Anniversary dates
When a full-time teacher commences or returns to service after the beginning of a school year and is unable to complete 35 weeks of full-time service within that school year, the teacher shall be credited with one year’s experience on the anniversary calendar date of that commencement or return to service provided that the teacher worked for at least 35 weeks within the previous twelve month period

28.2.4    Part-time accrual
[28.2.4 substituted by S7735 from 25Jan00]
A part-time teacher has an entitlement to assessment of years of experience, calculated as follows:

Primary

Hours per week  (Fraction of year’s experience accrued [per term - per year])
  
>10    (1/4  -  1)
>9 to <10     (1/8  -  1/2)
>3 to <9 hrs   (1/12  -  1/3)
<3 hrs   (0  -  0)

Secondary

Hours per week  (Fraction of year’s experience accrued [per term - per year])
  
>8    (1/4  -  1)
>3 to <8 hrs   (1/12  -  1/3)
<3 hrs   (0  -  0)

For the purpose of this table, hours per week means hours of scheduled class time and duties in lieu of scheduled class time.

28.3    Breaks in service
[28.3 deleted by PR962601 ppc 13Sep05]

29.    PART-TIME TEACHERS

29.1    The number of hours of scheduled class time and duties of a part-time teacher shall be set out in writing by the employer at the time of engagement and at any other time when a variation occurs.

29.2    A part-time teacher’s weekly rate of pay shall be assessed according to the appropriate formula 29.2.1 or 29.2.2:

29.2.1    Teachers of Primary Classes (as defined)

Primary       
       
Hours    x    the appropriate full-time weekly salary + allowance
25       

29.2.2    Teachers of Secondary Classes (as defined)

Secondary       
       
Hours    x    the appropriate full-time weekly salary + allowance
20       

Note:  Hours = the number of hours of scheduled class time for the teacher and/or duties in lieu of those scheduled class times.

29.3    A part-time teacher in a Primary School shall be given a proportional amount of release time for preparation and correction as given to a full-time teacher in that school.

[29.4 varied by PR962601 ppc 13Sep05]
29.4    A part-time teacher shall be expected to undertake a proportional number of duties normally expected of a full-time teacher in that school; e.g. yard supervision, staff meetings, etc.

29.5    Additional hours
Where an employer requires and the part-time teacher agrees to work additional hours, the teacher shall be paid for each additional hour or part thereof at that teacher’s normal part-time hourly rate of pay. Such additional hours worked under this arrangement shall not result in proportionate adjustments under any other clause in this award.

29.6    Variation of hours
An employer cannot vary the hours employed of a part-time teacher pursuant to 29.2 above unless:

29.6.1    the teacher consents or

29.6.2    it can be demonstrated that such a variation is required as a result of a change in funding, or enrolment or curriculum. In this case, seven weeks notice in writing shall be given by the Principal/employer. In the absence of the required notice and provided that the change involves a drop in salary, the teacher’s salary will be maintained at its former level for the period of the notice not given.

30.    EMERGENCY TEACHERS

30.1    Definition
An emergency teacher is a registered teacher who is appointed on an ad hoc basis for up to and including fifteen consecutive school days.

30.2    Rate of pay

30.2.1    An emergency teacher shall be paid at the rate specified in Schedule 8 of this award.

30.2.2    After fifteen consecutive school days of employment in the one school, and where the employer wishes to extend the appointment, the teacher shall, for the remainder of the extended period, be paid as a relieving teacher in accordance with clause 20 - Relieving employees, of this award.

30.3    An emergency teacher shall not be entitled to any benefits pursuant to:

30.3.1    Clause 6 - Accident make-up pay

30.3.2    Clause 7 - Annual leave and school holiday pay and leave loading

30.3.3    Clause 13 - Leave with pay

30.3.4    Clause 15 - Parental leave

30.3.5    Clause 24 - Termination of employment

30.3.6    Clause 26 - Wages and allowances

30.3.7    Clause 27 - Position on the incremental scale

30.3.8    Clause 28 - Experience
 
PART 4 – SCHOOL OFFICERS: SALARIES AND SPECIFIC CONDITIONS OF SERVICE

31.    APPOINTMENT

31.1    A School Officer shall be employed as either:

30.1.1    A Category “A” School Officer; or

30.1.2    A Category “B” School Officer; or

30.1.3    A  Category “C” School Officer; or

30.1.4    A “Casual” School Officer.

31.2    Upon engagement the employer shall appoint the School Officer to the appropriate classification level as set out in clause 32 – Classification, based on the general work descriptions and level of direction and supervision and required duties.  The pay subdivision within the level will be determined by experience as set out in clause 34 -Experience.

31.2.1    The VCSA and VIEU have agreed upon a set of indicative duties to assist in the classification process.

31.3    Upon engagement the School Officer shall be given a letter of appointment which sets out the Level and the pay subdivision, together with the category of employment, the hours of duty, rate of pay, superannuation entitlements, long service leave provisions and any recall obligations for Category “B” School Officers. In the case of Category “C” School Officers, the weeks of leave for the one school year shall be specified upon engagement and at the start of the year.

31.4    For the purposes of this clause:

31.4.1    A Category “A” School Officer is one who normally works 48 weeks and receives four weeks paid annual leave per year in accordance with clause 7 - Annual leave and school holidays;

31.4.2    A Category “B” School Officer is one who normally works school term time only and receives paid school holidays in accordance with clause 7 - Annual leave and school holidays;

31.4.3    A Category “C” School Officer is one who normally works 45 weeks and receives seven weeks paid school holidays in accordance with clause 7 - Annual leave and school holidays;

31.4.4    A “Casual” School Officer is one who is employed for 35 or less consecutive days per school year.
 
32.    CLASSIFICATION

32.1    School Officer Level 1 (Entry Level)

32.1.1    General work description

32.1.2    Direction
The School Officer at this level requires direct supervision meaning:

• the work performed is checked regularly;
• the choice of actions required is clear;
• routines are established, methods and procedures are predictable.

32.1.3    Supervision
The School Officer at this level receives direct supervision from a higher level School Officer (excluding level Two), teacher or Principal. This School Officer does not supervise students without a higher level School Officer, teacher or Principal being present. A School Officer at this level shall not supervise other School Officers.

32.1.4    Experience/Qualifications
A School Officer at this level has no relevant experience or qualification to perform the tasks required.

32.2    School Officer Level 2

32.2.1    General work descriptions
An employee at this level is not required to have any qualifications and is required to perform any combination of a wide range of functions under direct supervision.  The School Officer, after gaining experience, may exercise some degree of autonomy and discretion.  The School Officer at this level would need little or no prior experience to perform the tasks required.

32.2.2    Direction
The School Officer at this level receives specific direction meaning:

• receives instructions on what is required and how it is to be performed;
• is subject to progress checks with tasks being continuously monitored;
• requires basic technical knowledge or prior experience

32.2.3    Supervision
The School Officer at this level receives direct supervision from a higher level School Officer, teacher or Principal. This School Officer does not supervise students without a higher level School Officer, teacher or Principal being present.

32.3    School Officer Level 3

32.3.1    General work description
An employee at this level undertakes duties which require knowledge and skills which may be gained by the completion of a relevant one or two year post-secondary certificate or approved trade certificate or equivalent or from the on- the-job experience considered relevant by the employer. The employee may be required to perform any combination of a wide range of functions under routine direction but may, after gaining experience, exercise some degree of autonomy.

32.3.2    Direction
The School Officer at this level receives routine direction meaning:

• receives instructions on what is required, on unusual or difficult features and when new techniques or practices are involved, on the method of approach;
• is normally subject to progress checks usually confined to the unusual or difficult aspects, and has assignments reviewed on completion;has the technical knowledge and/or experience to perform basic duties usually without technical instructions.

32.3.3    Supervision
The School Officer at this level receives direct supervision from a higher level School Officer, Teacher or Principal. The School Officer may be required to supervise students while performing their normal duties but may not be used instead of a teacher to conduct classroom lessons, extras, etc.  The School Officer at this level may be expected to supervise School Officers from level one or two.

32.4    School Officer Level 4

32.4.1    General work descriptions

32.4.2    Direction
The School Officer at this level will receive general direction meaning:

• receives general instructions, usually covering only the broader technical aspects of the work;
• may be subject to progress checks usually confined to ensuring that, in broad terms, satisfactory progress is being made;
• although technically competent and well experienced, may on occasion, receive more detailed instructions.

32.4.3    Supervision
The School Officer at this level receives little direct supervision and would be expected to take significant initiative and responsibility but would still be responsible to a Level Five and Six School Officer, Teacher or Principal. The School Officer may be required to supervise students while performing their normal duties but may not be used instead of a teacher to conduct classroom lessons, extras, etc. The School Officer at this Level may be expected to supervise School Officers from Levels One, Two and Three and could have:

• Technical responsibilities in the Library, Laboratory or Information Technology area; or
• specialist expertise in  assisting students in the classroom or;
• senior responsibilities in office administration.

32.5    School Officer Level 5

32.5.1    General work descriptions

32.5.2    Direction

The School Officer at this level will receive limited direction meaning:

• receives limited instructions comprising a clear statement of objectives ;
• has work usually measured in terms of the achievement of stated objectives;
• is fully competent and very experienced in a technical sense and requires little guidance during the performance of work.

32.5.3    Supervision
The School Officer at this level would normally be responsible to the Principal. The School Officer at this level may be required to supervise students while performing their normal duties but may not be used instead of a teacher to conduct classroom lessons, extras, etc.  The School Officer at this level may be expected to supervise School Officers from Levels 1, 2, 3 and 4 and have overall responsibility for a large unit such as audio-visual unit, computing, laboratory or administration unit.  The School Officer at this level would have a high degree of initiative, discretion and capacity to program work.

32.6    School Officer Level 6

32.6.1    General work description

32.6.2    Direction
The School Officer at this level would receive general direction only meaning:

• is fully competent in a professional sense and requires no guidance during the performance or work;
• has responsibility and broad ranging accountability for the structure, management and output of the work of others;
• high level judgement is required in planning, design, operational, technical and/or management functions;
• is recognised as the “expert practitioner” within the specific functional area(s).

32.6.3    Supervision
The School Officer at this level would normally be responsible to the Principal.  The School Officer may be required to supervise students while performing their normal duties but may not be used instead of a teacher to conduct classroom lessons, extras, etc.  The School Officer at this level may be expected to supervise School Officers from levels 1, 2, 3, 4  and 5.

32.7    If an employer requests a school officer to obtain a higher level of skill through a qualification, this request shall be put in writing. The letter shall include the guarantee that upon successful completion of the study, the school officer shall advance to the appropriate higher level of pay.

32.8    Possession of a qualification is not an automatic guarantee of classification at a particular level.

32.9    If the school officer believes that the nature of the job has changed to such an extent as to warrant a re-classification, the school officer shall apply to the principal with supporting evidence. If a dispute arises as to the level of classification clause 10 – Grievance procedures, shall apply.
 
33.    WAGES

33.1    Category A.
[33.1 substituted by PR962601 ppc 13Sep05]
A full-time Category A School Officer shall be paid within the appropriate level specified in Schedule 8.

33.2    Category B
A Category B School Officer’s weekly rate of pay shall be calculated according to the following formula:

Category B weekly rate =    Category A weekly rate x    48/52

33.3    Category C
A Category C School Officer’s weekly rate of pay shall be calculated according to the following formula:

Category C weekly rate =    Category A weekly rate x    50/52

33.4    Part-time rate
A part-time School Officer’s weekly rate of pay shall be calculated according to the following formula:

Category A, B or C weekly rate =    hours worked per week/38

33.5    Casual rate
A Casual School Officer’s hourly rate of pay is calculated by taking the lowest pay subdivision of the appropriate classification level in 33.1, dividing by 38 and adding a loading of 33.3% to the nearest 10 cents.  A Casual School Officer required to attend for duty by the employer for less than two hours on any day must be paid for a minimum of two hours for any attendance.

33.6    Overtime or time in lieu
All time worked in excess of the weekly hours for which one is employed shall be granted as time off in lieu at ordinary time or paid a loading of 33.3% on the normal hourly rate. The number of such hours may only exceed three by mutual agreement.
 
34.    EXPERIENCE

34.1    For the purposes of this clause service shall mean service as a School Officer in Catholic Education within the relevant level, with employers listed in Schedule 1.

34.2    A School Officer, other than a Casual School Officer, shall advance  to the next  higher pay subdivision within that level upon the completion of each year of service.

34.3    In the case of a School Officer who works for the whole of the school year, such progression shall occur on the first day of the school year following the completion of a year’s service.

34.4    In the case of a School Officer who commences at other than the start of the school year, such progression shall occur on the anniversary date of commencement of service.

34.5    When a School Officer moves to a higher classification level, the School Officer shall be entitled to be advanced to one pay subdivision higher than the pay subdivision which applied in their previous level providing a period of twelve months has been completed at that pay subdivision.  Where less than twelve months has been spent at that pay subdivision the School Officer shall advance to the next higher pay subdivision upon completion of twelve months at that pay subdivision.
 
35.    HOURS OF WORK

35.1    A full-time School Officer is one whose ordinary hours of work are 38 in any one week.

35.2    A part-time School Officer is one whose ordinary hours of work are less than 38 hours in that school, not being a Casual School Officer.

35.3    A School Officer may, at the discretion of the Principal, be directed, among other things, to attend staff meetings, interviews, parent-teacher nights, provided that if the weekly hours for which one is employed are exceeded, then 33.6 of this award shall apply.

35.4    School Officers shall be entitled to an unpaid meal break of at least 30 minutes.  This meal break will be taken at a mutually convenient time provided that no more than five continuous hours are worked prior to the meal break.  School Officers shall be entitled to school recesses without deduction of pay where these fall within the hours of employment.  Save that the timing of such recesses can be varied by mutual agreement.

35.5    Hours of work shall be between 8.00 a.m. and 6.00 p.m. of a week day except by mutual agreement.

35.6    Variation of hours
An employer cannot vary the hours employed of a part-time School Officer unless:

35.6.1    the School Officer consents; or

35.6.2    it can be demonstrated that such a variation is required as a result of a change in program, organisation, structure, technology or funding. In this case, seven weeks notice in writing shall be given by the employer.  In the absence of the required notice and provided that the change involves a drop in salary, the School Officer’s salary will be maintained at its former level for the period of the notice not given.

PART 5 – EDUCATION OFFICERS: SALARIES AND SPECIFIC CONDITIONS OF SERVICE

36.    APPOINTMENT

36.1    Education officers
Upon engagement the employer shall appoint the Education officer to the classification and subdivision which is commensurate with the required duties and responsibility that the job entails as determined by the employer. The Education Officer shall be given a letter of appointment which sets out the classification and subdivision, together with the hours of duty, rate of pay, superannuation entitlements and long service leave provisions.

36.2    Senior education officers
Upon engagement, the employer shall appoint the Senior Education Officer to the classification and grade which is commensurate with the required duties and responsibility that the job entails as determined by the employer. The Senior Education Officer shall be given a letter of appointment which sets out the classification and grade, together with the hours of duty, rate of pay, superannuation entitlements and long service leave provisions.

36.3    Psychologist (Education)
Upon engagement the employer shall appoint the Psychologist (Education) to the Grade which is commensurate with the required duties and responsibility that the job entails as determined by the employer. The Psychologist (Education) shall be given a letter of appointment which sets out the classification and Grade, together with the hours of duty, rate of pay, superannuation entitlements and long service leave provisions.

36.4    Speech Pathologists
Upon engagement the employer shall appoint the Speech Pathologist to the classification and Grade which is commensurate with the required duties and responsibility that the job entails as determined by the employer. The Speech Pathologist shall be given a letter of appointment which sets out the classification and Grade and subdivision, together with the hours of duty, rate of pay, superannuation entitlements and long service leave provisions.
 
37.    CLASSIFICATION LEVELS

37.1    Education officers

37.1.1    Definition
Education Officers are officers employed in Catholic Education Offices (as defined) in an advisory/liaison/teaching capacity with schools personnel in relation to a range of educational matters and are involved at a system level with responsibilities in the areas of curriculum development; inservice and professional development of teachers and other school staff; assessing schools’ needs and programs; school review and development planning, and policy development, evaluation and implementation.

37.1.2    Commencement subdivision
[37.1.2 varied by PR962601 ppc 13Sep05]
Education Officers who have attained subdivision 12 of the teachers’ subdivision scale in Schedule 2 of this award shall commence as an Education Officer at subdivision 2 as specified in Schedule 9 of this award.  Education Officers who have not attained subdivision 12 of the teachers’ subdivision scale in Schedule 2 of this award shall commence as an Education Officer at subdivision 1 as specified in Schedule 9 of this award

37.1.3    Incremental progression
Education Officers shall advance to the next salary increment after twelve months of satisfactory service, up to and including subdivision 5.

37.2    Senior education officers

37.2.1    In addition to some of the Education Officers’ responsibilities,  Senior  Education Officers will be responsible for the implementation and co-ordination of particular services of a Catholic Education Office or specifically funded programs.

[37.2.2 varied by PR962601 ppc 13Sep05]

37.2.2    Senior Education Officers will be appointed at one of the four grades set out in Schedule 9 in accordance with the following:

37.2.2(a)    A Senior Education Officer shall be classified at Grade 1 if they are not required to supervise other Education Officers.

37.2.3    Senior Education Officers are not entitled to annual increments.

37.3    Psychologists (Education)

37.3.1    A Psychologist (Education) shall be classified at Grade 1 Psychologist (Education) if they are not required to supervise other Psychologists (Education).

37.3.2    A Psychologist (Education) shall be classified at Grade 2 Psychologist (Education) if they are required to supervise one or more Psychologists (Education).

37.4    Speech Pathologist

37.4.1    Definition
Speech Pathologists are employed in Catholic Education Offices (as defined) to provide direct Speech Pathology treatment to students of Catholic Schools

37.4.2    Speech Pathologist Grade 1

37.4.3    Speech Pathologist Grade 2

37.4.4    Speech Pathologist Grade 3

38.    WAGES
[38 substituted by PR962601 ppc 13Sep05]

38.1    A full time employee classified as an Education Officer or Senior Education Officer shall be paid at the appropriate subdivision or grade specified in Schedule 9.

38.2    A full time employee classified as a Psychologist (Education) shall be paid at the appropriate grade specified in Schedule 12.

38.3    A full time employee classified as a speech pathologist shall be paid at the appropriate subdivision and grade specified in Schedule 13.
 
39.    EXPERIENCE

39.1    Full-time accrual
A full-time Education Officer or Speech Pathologist shall advance to the next higher pay subdivision upon the completion of a year of service as an Education Officer or Speech Pathologist respectively.

39.2    Part-time accrual
Part-time experience as an Education Officer or Speech Pathologist shall be credited according to the following table:

Hours per week    Fraction of a year’s experience accrued (Per term : Per year)
        
<7.6 hours    (nil  :  nil)
>7.6 hrs and < 22.8 hours    (1/8  :  1/2)
>22.8 hours    (1/4  :  1)

39.3    Experience other than as an Education Officer or Speech Pathologist shall not count as experience as an Education Officer or Speech Pathologist respectively, for the purposes of this clause.

40.    HOURS OF WORK

40.1    A full-time Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist is one whose ordinary hours of work are 38 in any one week.

40.2    A part-time Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist is one whose ordinary hours of work are less than 38 hours in any one week.
 
41.    PART-TIME EDUCATION OFFICERS/SENIOR EDUCATION OFFICERS OR PSYCHOLOGISTS (EDUCATION) OR SPEECH PATHOLOGISTS

41.1    The number of hours of  employment and duties of a part-time Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist shall be set out in writing by the employer at the time of engagement and at any other time when a variation occurs.

41.2    Calculation of rates of pay

41.2.1    A part-time Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist shall be paid a proportionate amount of the appropriate full-time weekly rate of pay, and any applicable allowance, in that proportion that the part-time Education Officer’s, Senior Education Officer’s, Psychologist’s (Education) or Speech Pathologist’s hours bear to a full-time Education Officer’s, Senior Education Officer’s, Psychologist’s (Education) or Speech Pathologist’s hours respectively.  The rate shall be assessed according to the appropriate formula:

hours employed    x    weekly salary
38       

41.3    Additional hours
Where an employer requires a part-time Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist to work additional hours and the part-time Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist agrees to work such additional hours, the Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist shall be paid for each additional hour or part thereof at the Education Officer’s, Senior Education Officer’s, Psychologist’s (Education) or Speech Pathologist’s normal part-time hourly rate of pay, respectively.

41.4    Variation of hours
An employer cannot vary the hours employed of a part-time Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist pursuant to 41.2 unless:

41.4.1    the Education Officer, Senior Education Officer, Psychologist (Education) or Speech Pathologist consents; or

41.4.2    it can be demonstrated that such a variation is required as a result of a change in program, organisation, structure, technology or funding.  In this case, seven weeks’ notice in writing shall be given by the employer.  In the absence of the required notice and provided that the change involves a drop in salary, the Education Officer’s, Senior Education Officer’s, Psychologist’s (Education) or Speech Pathologist’s salary will be maintained at its former level for the period of the notice not given.
 
PART 6 – PRIMARY SCHOOL PRINCIPALS: SALARIES AND SPECIFIC CONDITIONS OF SERVICE

42.    CLASSIFICATION

42.1    The classification of the Principal employed in a Catholic primary school is determined according to the enrolment of the school, or the enrolment that it is expected to rise to, or fall to, during the period of the appointment of the Principal, according to the following table and subject to 42.1.1 to 42.1.3:

Principal Classification  / School Enrolment
   
1  /  700 - 1100
2  /  400 - 699
3  /  150 - 399
4  /  80-149
5  /  20-79

42.1.1    Where there has been no significant increase or decrease in enrolment over the preceding three years, and no likelihood of such in the next three years, the enrolment (as defined) prior to the first year of appointment shall establish the Classification level of the Principal.

42.1.2    Where it is known that a school’s enrolment will increase significantly during the period of appointment, the Principal will be classified according to the enrolment it is anticipated the school will reach during the period of appointment.

42.1.3    Where it is known that a school’s enrolment will decrease significantly during the period of appointment, the Principal will be classified according to the enrolment it is anticipated the school will fall to during the appointment period.  The employee shall be given written notice of this classification prior to appointment and the Union shall be consulted prior to determining which schools fall into this category.

42.2    Where a school’s enrolment, as at the February census, exceeds the upper limit for the classification to the which the Principal has been appointed, the Principal shall be paid a higher duties allowance for that year.  The February census figure of subsequent years shall determine whether this higher duties allowance is maintained.

43.    WAGES
[43 substituted by PR962601 ppc 13Sep05]
Subject to the enrolment (as defined) of the school and clause 42 – Classification of this award, Principals employed full-time in Catholic Primary Schools shall be paid at the rate specified in Schedule 10 of this award.

44.    EXPENSE REIMBURSEMENT
Principals shall be entitled to be appropriately reimbursed for reasonable expenses incurred in the performance of their duties provided that such expenses should ordinarily be approved by the employer in advance

PART 7 – CATHOLIC EDUCATION OFFICE CLERICAL EMPLOYEES

45.    APPOINTMENT
Upon engagement a Catholic Education Office Clerical employee shall be given a letter of appointment which sets out the Classification and the pay subdivision (as determined in clause 46 - Classification levels), the hours of duty, rate of pay, superannuation entitlements and long service leave provisions.
 
46.    CLASSIFICATION LEVELS

46.1    Definition
Catholic Education Office Clerical Employees are employed in Catholic Education Offices in a clerical capacity.

46.2    Classification
[46.2 varied by PR962601 ppc 13Sep05]
Catholic Education Office Clerical Employees shall be classified in one of the levels 1 to 4. Employees shall be graded at the level where the principal duties of their employment, as determined by the employer, require the exercise of the majority of the skills for that level.

46.3    Classification Levels

46.3.1    Level 1

46.3.2    Level 2

46.3.3    Level 3

46.3.4    Level 4

46.3.5    In addition, Level 4 Catholic Education Office Clerical Employees will be classified at the appropriate subdivision according to the following:

46.4    Re-classification
If the Catholic Education Office Clerical Employee believes that the nature of the job has changed to such an extent as to warrant a re-classification, the Catholic Education Office Clerical Employee shall apply to the Director of the Catholic Education Office with supporting evidence.  If a dispute arises, as to the level of classification, the Grievance Procedure in clause 10 – Grievance procedure shall apply.
 
47.    WAGES
[47.1 varied by PR962601 ppc 13Sep05]

47.1    A full-time employee classified as a Catholic Education Office Clerical employee in accordance with clause 46 - Classification levels, shall be paid within the appropriate subdivision scale and grade specified in Schedule 11.

47.2    Casual Rate
[47.1 varied by PR962601 ppc 13Sep05]
A Casual Catholic Education Office Clerical employee’s hourly rate of pay shall be calculated by taking subdivision 1 of a Level 1 Catholic Education Office Clerical employee specified in Schedule 11, dividing by 38 and adding a loading of 33 - 1/3 % to the nearest 10 cents.

47.3    Overtime
All time worked in excess of the weekly hours for which a Catholic Education Office Clerical employee is employed shall be paid a loading of 33 - 1/3% on the normal hourly rate provided that all overtime may only be by mutual agreement.

48.    EXPERIENCE

48.1    Full-time accrual
A full-time Catholic Education Office Clerical employee shall advance to the next higher pay subdivision upon the completion of a year of service as a Catholic Education Office Clerical employee.

48.2    Part-time accrual
Part-time experience as a Catholic Education Office Clerical employee shall be credited according to the following table:

Hours per week    Fraction of year’s experience accrued (Per term  :  Per year)
       
<7.6 hrs  (nil  :  nil)
>7.6 hrs and  <22.8 hrs  (1/8  :  1/2)
<22.8 hrs  (1/4  :  1)

48.3    Experience other than as a Catholic Education Office Clerical employee shall not count as experience for the purposes of this clause.
 
49.    HOURS OF WORK

49.1    A full-time Catholic Education Office Clerical employee is one whose ordinary hours of work are 38 hours in any one week.

49.2    A part-time Catholic Education Office Clerical employee is one whose ordinary hours of work are less than 38 hours in any one week.

49.3    A casual Catholic Education Office Clerical employee is one who is employed on an hourly ad hoc basis with a minimum of two hours, for up 15 consecutive days
 
50.    PART-TIME CATHOLIC EDUCATION OFFICE CLERICAL EMPLOYEES

50.1    The number of hours of  employment and duties of a part-time Catholic Education Office Clerical employee shall be set out in writing by the employer at the time of engagement and at any other time when a variation occurs.

50.2    A part-time Catholic Education Office Clerical employee shall be paid a proportionate amount of the appropriate full-time weekly rate of pay, and any applicable allowance, in that proportion that the part-time Catholic Education Office Clerical employee’s hours bear to a full-time Catholic Education Office Clerical employee’s hours.  The rate shall be assessed according to the appropriate formula:

hours employed    X    weekly salary
38       

50.3    Variation of hours
An employer cannot vary the hours employed of a part-time Catholic Education Office Clerical employee pursuant to 50.2 above unless:

50.3.1    the Catholic Education Office Clerical employee consents; or

50.3.2    it can be demonstrated that such a variation is required as a result of a change in program, organisation, structure, technology or funding.  In this case, seven weeks notice in writing shall be given by the employer.  In the absence of the required notice and provided that the change involves a drop in salary, the Catholic Education Office Clerical employee’s salary will be maintained at its former level for the period of the notice not given.

PART 8 - SCHOOL SERVICES OFFICERS: SALARIES AND SPECIFIC CONDITIONS OF SERVICE
[Pt 8 inserted by PR907794 ppc 27Apr01]

51.    APPOINTMENT

51.1    A School Officer shall be employed as either:

51.1.1    A Category “A” School Services Officer; or

51.1.2    A Category “B” School Services Officer; or

51.1.3    A Category “C” School Services Officer; or

51.1.4    A Category "D" School Services Officer; or

51.1.5    A “Casual” School Services Officer.

51.2    Upon engagement the employer shall appoint the School Services Officer to the appropriate classification level as set out in clause 52 – Classification, based on the general work descriptions and level of direction and supervision and required duties.

51.3    Upon engagement the School Services Officer shall be given a letter of appointment which sets out the Level together with the category of employment, the hours of duty, rate of pay, superannuation entitlements and long service leave provisions. In the case of Category “C” School Services Officers, the weeks of leave for the one school year shall be specified upon engagement and at the start of the year.

51.4    For the purposes of this clause:

51.4.1    A Category “A” School Services Officer is one who normally works 48 weeks and receives four weeks paid annual leave per year in accordance with clause 7 - Annual leave and school holidays;

51.4.2    A Category “B” School Services Officer is one who normally works school term time only and receives paid school holidays in accordance with clause 7 - Annual leave and school holidays;

51.4.3    A Category “C” School Services Officer is one who normally works 45 weeks and receives seven weeks paid school holidays in accordance with clause 7 - Annual leave and school holidays;

51.4.4    A Category "D" School Services Officer is one who works during school term time only, receives four weeks annual leave and is stood down consistent with the provisions of clause 61 of this award at other times.

51.4.5    A “Casual” School Services Officer is one who is employed for 35 or less consecutive days per school year.
 
52.    CLASSIFICATION

52.1    School Services Officer Level 1 (Entry Level)

52.1.1    General work description
This classification applies to employees who are engaged in routine duties requiring no specific skill, prior experience or prior training. On the job training may be provided.  The School Services Officer may be undertaking external training.
On the successful completion of a training program, or on attaining satisfactory experience or progress towards the acquisition of a relevant qualification, the School Services Officer will progress to the next level. The maximum duration for appointment at this level is one year.

52.1.2    Direction
The School Services Officer at this level requires direct supervision meaning:

• the work performed is checked regularly;
• the choice of actions required is clear
• routines are established, methods and procedures are predictable.

52.1.3    Supervision
The School Services Officer at this level receives direct supervision from a higher level School Services Officer (excluding level Two), manager or the Principal.  A School Services Officer at this level shall not supervise other School Services Officers.

52.1.4    Roles
Indicative but not exclusive of the roles to be performed by an employee at this level are:
(a)    cleaners,
(b)    food and domestic services staff,
(c)    security staff,
(d)    gardeners etc,
(e)    building and/or maintenance staff, and
(f)    drivers of school vehicles

52.1.5    Experience/Qualifications
A School Services Officer at this level has no relevant experience or qualification to perform the tasks required.

52.2    School Services Officer Level 2

52.2.1    General work descriptions
An employee at this level is not required to have any qualifications and is required to perform any combination of a wide range of functions under supervision.  The School Services Officer, after gaining experience, may exercise some degree of autonomy and discretion.  The School Services Officer at this level will need some prior experience to perform the tasks required.
Such positions may include positions similar to those of Level 1 but involving more skill and experience.
An employer may require an employee at this level to exercise responsibilities in respect of students.  Where from time to time responsibilities at this level include supervision and direction of students a duty of care is required of the School Services Officer.  In this context that duty of care is no less than that required of other school employees.

52.2.2    Direction
The School Services Officer at this level receives specific direction meaning:

• receives instructions on what is required and how it is to be performed;
• is subject to progress checks with tasks being continuously monitored.

52.2.3    Supervision
The School Services Officer at this level receives supervision from a higher level School Services Officer, manager or the Principal.  The School Services Officer at this level will not be required to supervise other School Services Officers.

52.2.4    Roles
Indicative but not exclusive of the roles of an employee at this level are:
(a)    cleaners,
(b)    food and domestic services staff,
(c)    security staff,
(d)    gardeners etc,
(e)    building and/or maintenance staff, and
(f)    drivers of school vehicles.

52.2.5    Experience/Qualifications
A School Services Officer at this level has some previous relevant experience to perform the tasks required.

52.3    School Services Officer Level 3

52.3.1    General work description
An employee at this level undertakes duties which require knowledge and skills which may be gained by the completion of a relevant one or two year post-secondary certificate or approved trade certificate or equivalent or from the on- the-job experience considered relevant by the employer. The employee may be required to perform any combination of a wide range of functions under routine direction but may, after gaining experience, exercise some degree of autonomy.  Such positions may include positions similar to those of previous levels but involving more complex tasks and include qualified tradespersons.
An employer may require an employee at this level to exercise responsibilities in respect of students.  Where from time to time responsibilities at this level include supervision and direction of students a duty of care is required of the School Services Officer.  In this context that duty of care is no less than that required of other school employees.

52.3.2    Direction
The School Services Officer at this level receives routine direction meaning:

• receives instructions on what is required, on unusual or difficult features and when new techniques or practices are involved, on the method of approach;
• is normally subject to progress checks usually confined to the unusual or difficult aspects, and has assignments reviewed on completion;
• has the technical knowledge and/or experience to perform basic duties usually without technical instructions.

52.3.3    Supervision
The School Services Officer at this level receives direct supervision from a higher level School Services Officer, manager or the Principal.  The School Services Officer at this level may be expected to supervise School Services Officers from Level one or two.

52.3.4    Specialist Knowledge and Skills
Indicative but not exclusive of the knowledge and skills of an employee at this level are:

• Performance of trades and non-trade tasks incidental to the work;
• Provision of trade guidance and assistance as part of a work team;
• Supervision of one or two School Services Officers from Levels 1 and/or 2;
• Supervisory skills.

Or knowledge and skills gained through on-the-job training commensurate with the requirements of work at this Level.

52.3.5    Experience/Qualifications
A School Services Officer at this level would usually be a qualified tradesperson or equivalent.

52.4    School Services Officer Level 4

52.4.1    General work descriptions
The employee, in addition to the knowledge and skills required at level three, is required to undertake duties needing additional experience or knowledge such as may be gained by the completion of a relevant three year post secondary qualification or approved trade certificate or from equivalent on-the-job experience.  Such positions may include positions similar to those of previous levels but involving experienced trades persons and/or supervisory responsibility.
The employee is often required to exercise significant initiative and discretion and is required to demonstrate expertise.
An employer may require an employee at this level to exercise responsibilities in respect of students.  Where from time to time responsibilities at this level include supervision and direction of students a duty of care is required of the School Services Officer.  In this context that duty of care is no less than that required of other school employees.

52.4.2    Direction
The School Services Officer at this level will receive general direction meaning:

• receives general instructions, usually covering only the broader technical aspects of the work;
• may be subject to progress checks usually confined to ensuring that, in broad terms, satisfactory progress is being made;
• although technically competent and well experienced, may on occasion, receive more detailed instructions.

52.4.3    Supervision
The School Services Officer at this level receives little direct supervision and would be expected to take significant initiative and responsibility but would still be responsible to a manager, or the Principal.  The School Services Officer at this Level may be expected to supervise School Services Officers from Levels One, Two and Three.

52.4.4    Specialist Knowledge and Skills

[52.4.4 varied by PR962601 ppc 13Sep05]

Indicative but not exclusive of the knowledge and skills of an employee at this level are:

• More than 5 years experience as a tradesperson;
• Tradesperson in possession of more than one trades qualification;
• Foreperson;
• Highly skilled horticultural work;
• Supervision of three or more School Services Officers from Levels 1, 2 or 3.

52.4.5    Experience/Qualifications
A School Services Officer at this Level would be an experienced qualified tradesperson.

52.5    School Services Officer Level 5

52.5.1    General work descriptions
The employee at Level 5 would be required to directly supervise or manage the provision of all cleaning, catering, security, gardening , building maintenance, and transport services  for the whole school by other School Services Officers .
As the duties of a Level 5 School Services Officer are  associated with  the provision of all the above mentioned services by a group or groups of School Services Officers, such positions would usually be found only in  very large schools.
An employer may require an employee at this level to exercise responsibilities in respect of students.  Where from time to time responsibilities at this level include supervision and direction of students a duty of care is required of the School Services Officer.  In this context that duty of care is no less than that required of other school employees.

52.5.2    Direction
The School Services Officer at this level will receive limited direction meaning:

• receives limited instructions comprising a clear statement of objectives;
• has work usually measured in terms of the achievement of stated objectives;
• is fully competent and very experienced in a technical sense and requires little guidance during the performance of work.

52.5.3    Supervision
The School Services Officer at this level would be responsible to the Business Manager or Principal. The School Services Officer at this level supervises School Services Officers from Levels 1, 2, 3 or 4 and has overall responsibility for the provision of all services provided by School Services Officers.  The School Services Officer at this level would have a high degree of initiative, discretion and capacity to program work.

52.5.4    Specialist Knowledge and Skills

Indicative but not exclusive of the knowledge and skills of an employee at this level are:

• Experience and knowledge to manage or supervise the provision of all of the services provided by School Services Officers;
• Supervision of five or more School Services Officers from Levels 1, 2, 3, or 4;
• an appreciation of the long term goals of the school in respect to all of these services

52.5.5    Experience/Qualifications
A School Services Officer at this Level may be an experienced qualified tradesperson or have the knowledge/experience to manage the provision of services by such people.

52.6    If an employer requests a School Services Officer to obtain a higher level of skill through a qualification, this request shall be put in writing. The letter shall include the guarantee that upon successful completion of the study, the school services officer shall advance to the appropriate higher level of pay.

52.7    Possession of a qualification is not an automatic guarantee of classification at a particular level.

52.8    If the School Services Officer believes that the nature of the job has changed to such an extent as to warrant a re-classification, the School Services Officer shall apply to the principal with supporting evidence. If a dispute arises as to the level of classification clause 10 – Grievance procedures, shall apply.
 
53.    WAGES

53.1    Category A
[53.1 varied by PR962601 ppc 13Sep05]
A full time Category A School Services Officer shall be paid the rate specified in Schedule 14.

53.2    Category B
A Category B School Services Officer's weekly rate of pay shall be calculated according to the following formula:

Category B weekly rate    = Category A weekly rate     X    48
            52

53.3    Category C

A Category C School Services Officer's weekly rate of pay shall be calculated according to the following formula:

Category C weekly rate    = Category A weekly rate    X    50
            52

53.4    Category D
[53.4 varied by PR962601 ppc 13Sep05]
A full-time Category D School Services Officer shall be paid the rate specified in Schedule 14 in respect of all weeks worked.

53.5    Part time Rate
[53.5 varied by PR962601 ppc 13Sep05]
A Part time School Services Officer's weekly rate of pay shall be calculated according to the following formula:

Category A,B, C or D weekly rate    =    hours worked per week
        38

53.6    Casual Rate
A Casual School Services Officer's normal hourly rate of pay is calculated by taking the rate of pay of the appropriate Classification Level, dividing by 38 and adding a loading of 33.3% to the nearest 10 cents.  A Casual School Services Officer must be paid for a minimum of 4 hours for any attendance.

54.    HOURS OF WORK

54.1    Ordinary Full time Hours of Work
A full-time School Services Officer is one whose ordinary hours of work, exclusive of meal breaks, are 38 per week.  Ordinary hours shall be worked in five days Monday to Friday inclusive between the hours of 7.00am and 6.00pm.  By agreement between the employer and an employee the hours may be averaged over a four week period in accordance with clause 54.1.1.

54.1.1    Averaging of hours
An employer and employee may agree that the ordinary hours of work provided by the clause 54 will be worked as a 19 day month, in which case the following provisions shall apply:

54.1.2    Preservation of Existing Arrangements
Averaging of hours arrangements entered into prior to the existence of this part of the award can continue and do not require a new agreement from the employer.  In respect of existing employees who do not receive a rostered day off in accordance with the above arrangements nothing in this clause shall oblige an employer to implement a 38 hour week with a rostered day off.

54.2    Part time hours
A part time School Services Officer is one whose ordinary hours of work are less than 38 hours per week in that school, not being a casual School Services Officer.

54.3    Notice of Hours
The employer shall advise employees of the ordinary starting and finishing times of work and the ordinary time of meal breaks which shall be displayed in a conspicuous place accessible to the employees.  Such times shall not be changed without payment of overtime for work done outside these times unless seven days' notice of any change is given by the employer, provided that such seven days' notice shall not be required if any change of hours is by mutual agreement between the employer and the employee.

54.3.1    In determining whether changes to hours are necessary and in making such decisions employers are required to take into account the needs of the school and the family needs and/or responsibilities of employees.

54.3.2    Nothing in this clause prevents an agreement between an employer and an employee for the payment of hours additional to the usual hours at the ordinary time rate of pay where the total number of hours in that week is less than 38.

55.    OVERTIME
Overtime (at the rate of 33.3%) or time in lieu (at ordinary time for overtime worked Monday to Friday, or at the appropriate rate for all other times) is payable in respect of all hours worked in excess of 38 per week or 40 per week in respect of employees in receipt of a rostered day off.  On any one day overtime is payable in respect of all hours worked in excess of 7 hours 36 minutes or 8 hours in respect of employees in receipt of a monthly rostered day off, exclusive of meal breaks.

55.1    Minimum Overtime Payment
Where an employee is required to work overtime and such overtime is not continuous with ordinary duty, or is on a day on which they would not have been required to work, the minimum overtime payment or time in lieu payable for each separate overtime attendance shall be four hours at the prescribed overtime rate.  For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, any meal period of up to one hour shall be disregarded.

55.2    Work on Saturday, Sunday and Public Holidays
All hours worked between midnight Friday and midnight Saturday shall be paid at time and one half the ordinary hourly rate.  All hours worked between midnight Saturday and midnight Sunday shall be paid at twice the ordinary hourly rate of pay.  All hours worked on a Public Holiday shall be paid at double time and one half the ordinary hourly rate.

55.3    Rest After Overtime
When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. An employee other than a casual employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until they have had ten consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence. If on the instruction of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, they shall be paid at double rates until they are released from duty for such period and he/she then shall be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
 
56.    SHIFT PENALTIES

56.1    Where an employer requires an employee to work ordinary time on Monday to Friday, any part of which falls between the hours of 6pm and 7am a penalty of 15% shall apply for the whole shift additional to the ordinary rate of pay.

56.2    Where from time to time an employer requires an employee to work ordinary time on Monday to Friday falling wholly within the hours of 6pm and 7am (night shift) - a penalty of 15% shall apply for the whole shift additional to the ordinary rate of pay.

56.3    Where, on an ongoing basis, an employer requires an employee to work ordinary time on Monday to Friday which falls wholly within the hours of 6pm and 7am (night shift)  - a penalty of 30% shall apply for the whole shift additional to the ordinary rate of pay.

56.4    Where an employee wishes to work outside the spread of hours and this is not required by an employer, the employee must request such an arrangement in writing.  In the event of such a request and written agreement by the employer, shift penalty payments shall not apply.
Where more than 5 days continuously are worked at the revised hours the employee must give 2 days notice of reversion to the employers’ required starting and finishing times.
 
57.    BROKEN SHIFTS

57.1    A broken shift means working ordinary hours in separate periods of duty each day.  Broken shifts may not be worked in more than two separate periods; each period may not be less than 2 hours duration.  No broken shifts shall be rostered with a break of less than 2 hours.  Rosters shall be arranged to avoid hours of work extending beyond 12 hours per day.

57.2    Employees working a broken shift shall be paid 15% additional to the ordinary rate of pay for all time worked.
 
58.    ON CALL

58.1    Any employee required to hold themselves in readiness for a recall to duty shall be paid an allowance of $9 for each day Monday to Friday and $18 for each of Saturday and Sunday.

58.2    A School Services Officer recalled to work shall be paid for a minimum period of four hours.

58.3    A School Services Officer on approved annual leave or school holidays may not be required to work or be on call during that period.

59.    MEAL BREAKS
School Services Officers are entitled to an unpaid meal break of at least thirty minutes.  Meal breaks will be taken at a mutually convenient time provided that no more than 5 continuous hours are worked prior to the break.  Such meal break shall not be counted as time worked and is unpaid.
School Services Officers shall be entitled to school recesses without deduction of pay where these fall within the hours of employment.  The timing of such recesses can be varied by mutual agreement.
 
60.    MEAL ALLOWANCES
Where a School Services Officer is required to work overtime in excess of one and a half hours on any day the employee shall be paid $12 for a meal or be supplied with a meal.  Any employee required to work more than five hours overtime shall be paid a further amount of $12 for a meal or be supplied with a meal.
 
61.    TOOL ALLOWANCE
Where an employee is required to provide his or her own tools, the Employer must pay an allowance of $8 per week.

62.    SPECIAL PROVISIONS FOR CATEGORY D SCHOOL SERVICES OFFICERS DURING SCHOOL HOLIDAYS

62.1    A Category D School Services Officer may be stood down on leave of absence without pay during any school holiday period when no work is available provided that:

62.1.1    such employee shall be given as much notice as possible of the start and finish of any stand down period: notice must be at least two weeks and be in writing.  Once notice is given, the stand down period shall not be varied unless by mutual consent between the employer and the employee;

62.1.2    where it is proposed that such employee be stood down an employer must on application approve the taking of any accrued annual leave or long service leave;

62.1.3    all periods of stand down during school holidays shall count as service for all award and statutory purposes;

62.1.4    if appropriate work is available for such employee during any period of stand down, the relevant employee shall be offered such employment (whether on a full-time or casual basis) before any additional employee is employed; the employee who has been stood down may refuse the offer of employment without prejudice to his or her normal employment relationship.

62.1.5    For the purpose of this sub-clause, "appropriate work" shall mean such work as is available that is capable of being performed by the employee.  Remuneration for such work shall be at the rate of pay applicable to the work being performed.

62.1.6    No School Services Officer shall have his or her employment terminated on the grounds of work not being available due to school holidays.

62.1.7    Nothing in this clause shall operate to change the Category of employment of a School Services Officer which existed prior to the operation of this Part of the Award, except by agreement.
 
63.    SAVINGS CLAUSE
Nothing in this award will in itself operate to reduce the terms and/or conditions of employment of a School Services Officer which were in existence immediately prior to or at the commencement of this Part of the Award in respect of allowable matters.

63.1    An employer shall not as a result of the introduction of this award alter the normal starting and finishing times of an employee.
 
PART 9 - OTHER PROVISIONS

[Pt 8 renumbered as Pt 9 by PR907794 ppc 27Apr01]

64.    ENTERPRISE FLEXIBILITY PROVISION
[51 renumbered as 64 by PR907794 ppc 27Apr01

Where an employer or employees 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 shall apply:

64.1    A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

64.2    For the purpose of the consultative process the employees may nominate the Union or another to represent them.

64.3    Where agreement is reached an application shall be made to the Australian Industrial Relations Commission.
 
65.    SAFETY NET ADJUSTMENTS
[52 substituted by R7144 T3340; renumbered as 65 by PR907794 ppc 27Apr01]
[65 substituted by PR909497 PR927912 PR942021 PR954222; PR964049 ppc 07Dec05]
The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. 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.
 
66.    RELATIONSHIP TO THE NATIONAL TRAINING WAGE INTERIM AWARD 1994
[53 renumbered as 66 by PR907794 ppc 27Apr01]
The parties to this award shall comply with the terms of the National Training Wage Award 1994 [Print N4816 [N0277CR]], as varied, as though bound by clause 3 of that award.
 
APPENDIX 1

1.    PARENTAL LEAVE
Subject to the terms of this Appendix employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

1.1    Maternity leave

1.1.1    Eligibility

1.1.2    Single period of maternity leave and commencement

1.1.3    Further period of maternity leave resulting from a subsequent pregnancy
For the purposes of this Clause a further period of maternity leave shall mean a period of maternity leave resulting from a subsequent pregnancy taken without a return to work from an initial period of maternity leave and shall be deemed to be a new and separate period of maternity leave.

1.1.4    Transfer to a safe job

1.1.5    Variation of maternity leave

1.1.6    Cancellation of maternity leave

1.1.7    Special maternity leave and sick leave

[Appx 1:1.1.7(b) substituted by PR962962 ppc 22Sep05]

[Appx 1:1.1.7(c) substituted by PR962962 ppc 22Sep05]

1.1.8    Maternity leave and other entitlements
Provided the aggregate of leave, including leave taken pursuant to 1.1.4 and 1.1.7 hereof, does not exceed 104 weeks for each period of maternity leave or does not negate the obligation to return to work at the beginning of the school year for further periods of maternity leave as defined in 1.1.3(a):

1.1.9    Effect of maternity leave on employment
Notwithstanding any provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of this Award provided that absence on maternity leave shall count for purposes of 1.1.1(b)(ii) above.

1.1.10    Termination of employment

1.1.11    Return to work after a single period of maternity leave

1.1.12    Return to work from a further period of maternity leave resulting from a subsequent pregnancy

1.1.13    Replacement employees

1.2    Paternity leave

1.2.1    Conditions of eligibility:

1.2.2    Single period of paternity leave and commencement

1.2.3    Further period of paternity leave resulting from a subsequent pregnancy
For the purposes of this Clause a further period of paternity leave shall mean a period of paternity leave resulting from a subsequent pregnancy taken without a return to work from an initial period of paternity leave and shall be deemed to be a new and separate period of paternity leave.

1.2.4    Variation of paternity leave

1.2.5    Cancellation of paternity leave
Paternity leave applied for but not commenced shall be cancelled where the pregnancy of an employee's spouse terminates other than by the birth of a living child.

1.2.6    Paternity leave and other entitlements
Provided the aggregate of leave does not exceed 104 weeks for the first period of paternity leave or does not negate the obligation to return to work at the beginning of the school year for subsequent periods of paternity leave:

1.2.7    Effect of paternity leave on employment
Notwithstanding any provision to the contrary, absence on paternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of this Award provided that absence on paternity leave shall count for purposes of 1.2.1(b) above.

1.2.8    Termination of employment

1.2.9    Return to work after a single period of paternity leave

1.2.10    Return to work from a further period of paternity leave resulting from a subsequent pregnancy

1.2.11    Replacement employees

1.3    Adoption leave

1.3.1    Definitions
In this subclause:

1.3.2    Eligibility for adoption leave

1.3.3    Certification

1.3.4    Notice requirements

1.3.5    Variation of period of adoption leave

1.3.6    Cancellation of adoption leave

1.3.7    Special leave

1.3.8    Adoption leave and other entitlements

1.3.9    Effect of adoption leave on employment
Notwithstanding any provision to the contrary, absence on adoption leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of this award provided that absence on adoption leave shall count for purposes of 1.3.2(c) above.

1.3.10    Termination of employment

1.3.11    Return to work after adoption leave

1.3.12    Replacement employees

1.4    Part-time work

1.4.1    Definitions
In this subclause:

1.4.2    Entitlement
With the agreement of the employer:

1.4.3    Return to former position

1.4.4    Effect of part-time work on continuous service
Under this Award, commencement on part-time employment under this subclause and return from part-time employment to full-time employment under this subclause does not break the continuity of service of an employee.

1.4.5    Pro rata entitlements
Subject to the provisions of this subclause and the matters agreed to in 1.4.6 hereof, part-time employment shall be in accordance with the provisions of this Award and shall apply pro rata.

1.4.6    Part-time work agreement

1.4.7    Termination of employment

1.4.8    Replacement employees

1.5    School Officers: specific provisions

1.5.1    Eligibility
Notwithstanding the above, in relation to School Officers, 1.1.11(c), 1.2.9(c) and 1.3.11(c) shall not apply and that in their place the following shall apply:
Provided that the notice required pursuant to 1.1.11(a), 1.3.11(a) or 1.2.9 has been given, a School Officer shall be entitled to the position which he or she held immediately before proceeding on parental leave, or in the case of a School Officer who was transferred to a safe job pursuant to 1.1.3, to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the School Officer is qualified and the duties of which he or she is capable of performing, he or she shall be entitled to a position as nearly comparable in status, hours and salary or wage to that of his or her former position.

1.5.2    Transition arrangements regarding part-time employment and annual leave
Notwithstanding the above, the following arrangements shall apply for School Officers in relation to part-time work and annual leave under this subclause:

1.5.3    Transition arrangement regarding part-time employment and sick leave
Notwithstanding the above, the following arrangements shall apply for School Officers in relation to part-time work and sick leave under this sub-clause:

1.6    Communication during parental leave

[Appx 1.6 inserted by PR969567 ppc 03Feb06]
1.6.1    Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

1.6.2    The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

1.6.3    The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 1.6.1.

1.7    Right to request

[Appx 1.6 inserted by PR969567 ppc 03Feb06]
1.7.1    Notwithstanding anything to the contrary in this appendix an employee entitled to parental leave pursuant to the provisions of this appendix may request the employer to allow the employee:

to assist the employee in reconciling work and parental responsibilities.

1.7.2    Request to be considered
The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

1.7.3    Employee’s request and employer’s decision to be in writing
The employee’s request and the employer’s decision made under 1.7.1(b) and (c) must be recorded in writing.

1.7.4    Request to return to work part-time
Where an employee wishes to make a request under clause 1.7.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.
 
APPENDIX 2

2    SUPPORTED WAGE SYSTEM FOR PEOPLE WITH DISABILITIES

2.1    Workers Eligible for a Supported Wage
This clause 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/award. In the context of this clause, the following definitions will apply:

2.1.1    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 Supported Wage System: Guidelines and Assessment Process.

2.1.2    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.

2.1.3    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.

2.1.4    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.

2.2    Eligibility criteria

2.2.1    Employees 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 employee is engaged under this agreement/award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

2.2.2    This clause 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/award relating to the rehabilitation of employees who are injured in the course of their employment.

2.2.3    This clause does not apply to employers 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, or if a part only has received recognition, that part.

2.3    Supported wage rates

[Appx 2:2.3.1 varied by PR932578 PR942021; PR954222 ppc 07Dec04]

2.3.1    Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award/agreement for the class of work which the person is performing according the following schedule:

Assessed capacity  /  Prescribed award rate
(clause 2.4)   
   
10%*    10%
20%    20%
30%    30%
40%    40%
50%    50%
60%    60%
70%    70%
80%    80%
90%    90%

*    Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.

Provided that the minimum amount payable shall be not less than $60.00 per week.

2.4    Assessment of capacity

2.4.1    For the purpose of establishing the percentage of the award rate to be paid to an employee under this award/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:

2.5    Lodgment of assessment instrument

2.5.1    All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

2.5.2    All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award/agreement, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

2.6    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 shall be in accordance with the procedures for assessing capacity under the supported wage system.

2.7    Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this award/agreement paid on a pro rata basis.

2.8    Workplace adjustment
An employer wishing to employ a person under the provisions of this clause shall 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 organisation in consultation with other workers in the area.

2.9    Trial period

2.9.1    In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person 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.

2.9.2    During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

[Appx 2:2.9.3 varied by PR932578 PR942021; substituted by PR954222 ppc 07Dec04]]

2.9.3    The minimum amount payable to the employee during the trial period shall be no less than $60.00 per week.

2.9.4    Work trials should include induction or training as appropriate to the job being trialled.

2.9.5    Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 2.3.
 
SCHEDULE 1 - LIST OF RESPONDENTS

SCHEDULE 2 - WAGES:  REGISTERED AND NON-REGISTERED TEACHERS

[Sched 2 substituted by R7144 T3340 PR909497 PR942021 PR954222; Wages: Registered and non-registered teachers title changed by PR962601 ppc 13Sep05; Wages: Registered Teachers title changed and substituted by PR964049 ppc 07Dec05]

Salary subdivision  /   Per week  (=$p.a./52.18)  /   Per annum
  
1  /  $650.60   /  $33,948
2  /   $666.60  /  $34,783
3  /   $687.60  /  $35,879
4  /  $697.20   /  $36,380
5  /  $725.10   /  $37,836
6  /  $748.60   /  $39,062
7  /  $772.10   /  $40,288
8  /  $783.70   /  $40,893
9  /  $829.20   /  $43,268
10  /  $858.40  /  $44,791
11  /  $880.40  /  $45,939
12  /  $901.50  /  $47,040

SCHEDULE 3 - WAGES: UNREGISTERED TEACHERS

[Sched 3 substituted by R7144 T3340 PR909497 PR927912 PR942021 PR954222; deleted by PR962601 ppc 13Sep05]

SCHEDULE 3 - WAGES AND ALLOWANCES: DEPUTY PRINCIPALS

[Sched 4 Wages and allowances: First assistant to the principal title changed and renumbered as Sched 3 by PR962601 ppc 13Sep05]

(i)    Primary Schools

Enrolment  /  Allowance per week  /  Allowance p.a.

> 400   /  $176.60   /  $9,215
151-399  /  $104.60   /  $5,458

(ii)    Secondary  Schools

[Sched 4(ii) substituted by PR927912 PR942021 PR954222; renumbered as Sched 3 by PR962601 ppc 13Sep05]

[Sched 3(ii) substituted by PR964049 ppc 07Dec05]

Enrolment  /  Rate per Week  /  Rate p.a.
>400  /  $1078.10  /  $56,255
151-399  /  1006.10  /  52,498
 
SCHEDULE 4 - ALLOWANCE:  CURRICULUM ADVISERS AND VISITING TEACHERS

[Sched 5 renumbered as Sched 4 by PR962601 ppc 13Sep05]

Per week  /  Per annum (= $ p.a./52.18)    

$52.10  /  $2,719

SCHEDULE 5 - ALLOWANCES: PLACED TEACHER

[Sched 6 renumbered as Sched 5 by PR962601 ppc 13Sep05]

CATEGORY B

Per week  /  Per annum (= $ p.a./52.18)    

$49.10  /  $2,563

SCHEDULE 6 - ALLOWANCES: PLACED TEACHER CATEGORY A

[Sched 7 Placed teacher title changed and renumbered as Sched 6 by PR962601 ppc 13Sep05]

CATEGORY A

Per week  /  Per annum (= $ p.a./52.18)   
  
$18.40  /  $958

SCHEDULE 7 - WAGES: EMERGENCY TEACHERS

[Sched 8 substituted by R7144 T3340 PR909497 PR927912 PR942021 PR954222; renumbered as Sched 7 by PR962601 ppc 13Sep05]

[Sched 7 substituted by PR964049 ppc 07Dec05]

For each day on which an emergency teacher is employed, that teacher shall be paid at the rate of $61.37 or the first two hours of work or part thereof and $25.02 for each subsequent hour or part thereof to a maximum of $161.50 per day.

SCHEDULE 8 - WAGES: SCHOOL OFFICERS

[Sched 9 substituted by R7144 T3340 PR909497 PR927912 PR942021; PR954222 ppc 07Dec04; renumbered as Sched 8 by PR962601 ppc 13Sep05]

[Sched 8 substituted by PR964049 ppc 07Dec05]

A full-time Category A School Officer shall be paid within the appropriate Level at the appropriate subdivisional rate specified in the table below :

Sub-division    Level 1 per week    Level 2 per week    Level 3 per week    Level 4 per week    Level 5 per week    Level 6 per week    Per annum
1                           
2    $485.00                        $25,307
3        $569.80                    $29,732
4        $584.40                    $30,494
5        $596.90                    $31,146
6        $609.50    $609.50                $31,803
7        $622.00    $622.00                $32,456
8        $632.60    $632.60                $33,009
9            $645.00    $645.00            $33,656
10            $657.70    $657.70    $657.70        $34,319
11            $672.80    $672.80    $672.80        $35,107
12                $684.30    $684.30        $35,707
13                $698,50    $698.50        $36,448
14                $713.50    $713.50        $37,230
15                    $728.90        $38,034
16                    $745.00        $38,874
17                    $761.30    $761.30    $39,725
18                        $779.05    $40,651
19                        $796.45    $41,559
20                        $865.30    $45,151
21                        $889.52    $46,415

 
SCHEDULE 9
WAGES: EDUCATION OFFICERS

[Sched 10 substituted by R7144 T3340 PR909497 PR927912 PR942021 PR954222; renumbered as Sched 9 by PR962601 ppc 13Sep05]

[Sched 9 substituted by PR964049 ppc 07Dec05]

A full-time Education Officer shall be paid within the appropriate subdivision in the table below:

Grade    per week
(=$p.a.÷52.18)    Per annum
1    $948.50    $49,493
2    $969.50    $50,589
3    $989.20    $51,616
4    $1008.80    $52,639
5    $1028.50    $53,667

A full-time Senior Education Officer shall be paid within the appropriate Grade in the table below:

Grade    per week
(=$p.a.÷52.18)    per annum
1    $1,048.10    $54,690
2    $1,067.80    $55,718
3    $1,087.40    $56,741
4    $1,107.00    $57,763

 
SCHEDULE 10
WAGES: PRINCIPALS PRIMARY SCHOOLS

[Sched 11 substituted by R7144 T3340 PR909497 PR927912 PR942021; PR954222 ppc 07Dec04; renumbered as Sched 10 by PR962601 ppc 13Sep05]

[Sched 10 substituted by PR964049 ppc 07Dec05]

Classification    per week
(p.a. ÷ 52.18)    per annum
       
Principal 1    $1,280.70    $66,827
Principal 2    $1,239.60    $64,682
Principal 3    $1,179.70    $61,557
Principal 4    $1,037.90    $54,158
Principal 5    $979.80    $51,126
Principal 6    $961.70    $50,182

 
SCHEDULE 11
WAGES: CATHOLIC EDUCATION OFFICE CLERICAL EMPLOYEES

[Sched 12 substituted by R7144 T3340 PR909497 PR927912 PR942021; PR954222 ppc 07Dec04; renumbered as Sched 11 by PR962601 ppc 13Sep05]

[Sched 11 substituted by PR964049 ppc 07Dec05]

LEVEL 1

Subdivision    per week
(=$p.a.÷52.18)    per annum
1    $556.60    $29,043
2    $569.80    $29,732
3    $584.40    $30,494
4    $596.90    $31,146

LEVEL 2

Subdivision    per week
(=$p.a.÷52.18)    per annum
1    $609.50    $31,804
2    $622.00    $32,456
3    $632.60    $33,009
4    $645.00    $33,656

LEVEL 3

Subdivision    per week
(=$p.a.÷52.18)    per annum
1    $657.70    $34,319
2    $670.80    $35,002
3    $684.30    $35,707
4    $698.50    $36,448

LEVEL 4

Subdivision    per week
(=$p.a.÷52.18)    per annum
1    $713.50    $37,230
2    $728.90    $38,034
3    $745.00    $38,874
4    $762.30    $39,777

 
SCHEDULE 12
WAGES: PSYCHOLOGISTS (EDUCATION)

[Sched 13 substituted by R7144 T3340 PR909497 PR927912 PR942021; PR954222 ppc 07Dec04; renumbered as Sched 12 by PR962601 ppc 13Sep05]

[Sched 12 substituted by PR964049 ppc 07Dec05]

Classification    $ per week
(= p.a.52.18 )    $ per annum
Grade 1    $996.40    $51,992
Grade 2    $1,064.10    $55,525

 
SCHEDULE 13
WAGES: SPEECH PATHOLOGISTS

[Sched 14 substituted by R7144 T3340 PR909497 PR927912 PR942021; PR954222 ppc 07Dec04; renumbered as Sched 13 by PR962601 ppc 13Sep05]

[Sched 13 substituted by PR964049 ppc 07Dec05]

GRADE 1

Subdivision    $ per week
(p.a.  52.18 )    $ per annum
1    $648.60    $33,844
2    $660.00    $34,439
3    $688.10    $35,905
4    $711.70    $37,137
5    $744.75    $38,861
6    $788.30    $41,133
7    $808.40    $42,182

GRADE 2

Subdivision    $ per week
(p.a.  52.18 )    $ per annum
1    $837.20    $43,685
2    $859.30    $44,838
3    $876.50    $45,736
4    $897.50    $46,831

GRADE 3

Subdivision    $ per week
(p.a.  52.18 )    $ per annum
1    $932.40    $48,653
2    $958.10    $49,994
3    $975.60    $50,907
4    $1009.50    $52,676

 
SCHEDULE 14
WAGES: SCHOOL SERVICES OFFICERS

[Sched 15 inserted by PR907794; substituted by PR909497 PR927912 PR942021; PR954222 ppc 07Dec04; renumbered as Sched 14 by PR962601 ppc 13Sep05]

[Sched 14 substituted by PR964049 ppc 07Dec05]

Classification    Commencement
$ per annum    1 yr
$ per annum    2 yrs
$ per annum    3yrs
$ per annum
Level 1    $25,306           
Level 2    $28,731    $29,788    $30,950    $32,009
Level 3    $31,507    $32,604    $33,705    $34,806
Level 4    $33,655    $35,006    $36,356    $37,130
Level 5    $34,318    $35,606    $37,933    $39,624

Translation

1.    Employees will translate to the relevant Level as set out in Clause 52 and to the subdivision within that Level which equates with their existing salary or where none exists to the rate immediately above their own current rate. Where an employee’s current rate of pay is above the sub-division 3 rate within that Level the employee will continue to receive the existing rate of pay but will be classified at sub-division 3 within that Level.

2.    Employees who translate to Level 2 and have a full time equivalent salary less than $23,165 will translate to $23,165. From the first full pay period commencing on or after 29 January 2002 such employees will be paid the Level 2 sub-division 1 rate.

Progression
Progression within Levels 2 to 5 shall be by annual increments having regard to the acquisition and utilisation of skills and knowledge through experience in the employee’s work setting(s) over such period.
For the purposes of this clause experience shall count from the first pay period commencing on or after 1 April 2001.