Teaching Staff Enterprise Agreement 2014-2018 - Education

Transcription

ACT PUBLIC SECTOREDUCATION AND TRAINING DIRECTORATE(TEACHING STAFF)ENTERPRISE AGREEMENT2014-2018Date of operation:Date of expiry:18 September 201530 September 2018

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TABLE OF CONTENTSPART 1: ACTPS COMMON TERMS AND CONDITIONS . 11Section A - Scope of Agreement11A1TITLE . 11A2MAIN PURPOSE . 11A3APPLICATION AND COVERAGE . 13A4COMMENCEMENT AND DURATION . 14A5OPERATION OF THE AGREEMENT . 14A6AGREEMENT AVAILABILITY. 15A7AUTHORITY OF THE HEAD OF SERVICE . 15A8VARIATION TO AGREEMENT . 15A9TERMINATION OF AGREEMENT . 15Section B - Working in the ACT Public Service16B1TYPES OF EMPLOYMENT . 16B2REVIEW OF EMPLOYMENT STATUS. 16B3PROBATION . 16B4JOINT SELECTION COMMITTEES . 16B5HOURS OF WORK . 16B6HOURS OF WORK FOR SHIFT WORKERS. 16B7FLEXTIME. 16B8ACCRUED DAYS OFF (ADOS) . 17B9CASUAL EMPLOYMENT ARRANGEMENTS . 17B10RECORD KEEPING . 17B11OUTSOURCING AND USE OF CONTRACTORS . 17B12NOTICE OF TERMINATION . 18Section C - Rates of Pay and Allowances19C1PART-TIME EMPLOYMENT . 19C2PAY INCREASES . 19Page 1 of 200

C3METHOD OF PAYMENT . 19C4PAYROLL DEDUCTION FOR UNION FEES. 20C5PAY POINTS AND INCREMENTS . 20C6GRADUATE AND CADET PROGRAMS, TRAINEESHIPS, AND APPRENTICESHIPS. 20C7HIGHER DUTIES ALLOWANCE . 20C8PAYMENT FOR SHIFT WORKERS . 20C9OVERTIME . 20C10OVERTIME MEAL ALLOWANCE . 20C11REST RELIEF AFTER OVERTIME . 21C12PAYMENT FOR PUBLIC HOLIDAY DUTY . 21C13DAYLIGHT SAVING ARRANGEMENTS . 21C14ON-CALL ALLOWANCES . 21C15CLOSE CALL ALLOWANCE . 21C16REST RELIEF FOR ON-CALL OR CLOSE CALL SITUATIONS . 21C17EMERGENCY DUTY . 21C18OTHER ALLOWANCES . 21C19REIMBURSEMENT OF REASONABLE RELOCATION EXPENSES . 22C20MATURE AGE PAYMENT . 22Section D - Pay Related Matters23D1SALARY SACRIFICE ARRANGEMENTS . 23D2ATTRACTION AND RETENTION INCENTIVES . 23D3CLASSIFICATION/WORK VALUE REVIEW . 23D4SUPPORTED WAGE SYSTEM . 23D5OVERPAYMENTS . 23D6UNDERPAYMENTS . 24Section E - Flexible Working Arrangements and Employee Support26E1WORK AND LIFE BALANCE . 26E2REQUEST FOR FLEXIBLE WORKING ARRANGEMENTS. 26Page 2 of 200

E3EMPLOYEES WITH CARING RESPONSIBILITIES . 27E4MANAGEMENT OF EXCESSIVE HOURS . 28E5REGULAR PART-TIME EMPLOYMENT . 28E6JOB SHARING. 29E7PART-TIME EMPLOYMENT FOLLOWING MATERNITY LEAVE, PRIMARY CAREGIVER LEAVE,ADOPTION OR PERMANENT CARE LEAVE OR PARENTAL LEAVE . 29E8HOME BASED WORK . 30E9EMPLOYEE ASSISTANCE PROGRAM . 30E10SCHEDULING OF MEETINGS . 30E11VACATION CHILDCARE SUBSIDY . 30E12FAMILY CARE COSTS . 30E13NURSING MOTHERS . 30E14TRANSFER OF MEDICALLY UNFIT STAFF . 31E15TRANSFER TO A SAFE JOB DURING PREGNANCY . 31Section F - Leave33F1PART-TIME EMPLOYEES . 33F2NON-APPROVAL OF LEAVE . 33F3LEAVE BELOW ONE DAY . 33F4PERSONAL LEAVE . 33F5PERSONAL LEAVE IN EXTRAORDINARY AND UNFORESEEN CIRCUMSTANCES . 39F6INFECTIOUS DISEASE CIRCUMSTANCES . 39F7ANNUAL LEAVE . 40F8ANNUAL LEAVE LOADING . 43F9PURCHASED LEAVE . 43F10PUBLIC HOLIDAYS . 43F11CHRISTMAS SHUTDOWN . 44F12COMPASSIONATE LEAVE . 45F13COMMUNITY SERVICE LEAVE . 46F14MATERNITY LEAVE . 50Page 3 of 200

F15SPECIAL MATERNITY LEAVE . 53F16PRIMARY CARE GIVER LEAVE . 54F17PARENTAL LEAVE . 57F18BONDING LEAVE . 58F19GRANDPARENTAL LEAVE . 60F20ADOPTION OR PERMANENT CARE LEAVE . 62F21FOSTER AND SHORT TERM CARE LEAVE . 64F22LEAVE FOR DOMESTIC VIOLENCE PURPOSES . 66F23RECOVERY LEAVE ARRANGEMENTS FOR SENIOR OFFICER GRADE A AND B AND EQUIVALENTEMPLOYEES. 69F24OTHER LEAVE . 69F25LONG SERVICE LEAVE . 70Section G - Communication and Consultation72G1CONSULTATION . 72G2DISPUTE AVOIDANCE/SETTLEMENT PROCEDURES . 73G3FLEXIBILITY TERM . 75G4FREEDOM OF ASSOCIATION . 76G5WORK ORGANISATION . 77G6RIGHT OF EXISTING AND NEW EMPLOYEES TO REPRESENTATION IN THE WORKPLACE. 77G7CO-OPERATION AND FACILITIES FOR UNIONS AND OTHER EMPLOYEE REPRESENTATIVES . 78G8ATTENDANCE AT INDUSTRIAL RELATIONS COURSES AND SEMINARS . 78G9PRIVATISATION . 79G10SUPERANNUATION. 79Section H - Workplace values and behaviours80H1INTRODUCTION . 80H2PRELIMINARY ASSESSMENT . 80H3COUNSELLING. 81H4UNDERPERFORMANCE . 81H5APPEAL RIGHTS . 82Page 4 of 200

H6MISCONDUCT AND DISCIPLINE . 82H7DEALING WITH ALLEGATIONS OF MISCONDUCT . 83H8SUSPENSION, REASSIGNMENT OR TRANSFER . 84H9INVESTIGATIONS . 85H10DISCIPLINARY ACTION AND SANCTIONS . 86H11CRIMINAL CHARGES . 87H12RIGHT OF APPEAL . 88Section I - Internal Review Procedures89I1OBJECTIVES AND APPLICATION . 89I2DECISIONS AND ACTIONS EXCLUDED. 89I3INITIATING A REVIEW . 90I4REVIEW PROCESS . 90I5RIGHT OF EXTERNAL REVIEW . 93Section J - Appeal mechanism94J1OBJECTIVE AND APPLICATION . 94J2INITIATING AN APPEAL . 94J3COMPOSITION OF THE APPEAL PANEL . 95J4POWERS AND ROLE OF THE APPEAL PANEL . 95J5COSTS . 97J6RIGHT OF EXTERNAL REVIEW . 98Section K - Redeployment and Redundancy99K1APPLICATION . 99K2DEFINITIONS . 99K3CONSULTATION . 99K4INFORMATION PROVIDED TO THE OFFICER . 100K5VOLUNTARY REDUNDANCY . 101K6SEVERANCE BENEFIT. 101K7REDEPLOYMENT . 102Page 5 of 200

K8INVOLUNTARY RETIREMENT . 103K9INCOME MAINTENANCE PAYMENT . 104K10LEAVE AND EXPENSES TO SEEK EMPLOYMENT . 104K11USE OF PERSONAL LEAVE . 104K12APPEALS . 105K13AGREEMENT NOT TO PREVENT OTHER ACTION . 105K14RE-ENGAGEMENT OF PREVIOUSLY RETRENCHED OFFICERS . 105Section L - Management or Government Initiated TransfersL1106GAINING EMPLOYEES . 106PART 2: EDUCATION AND TRAINING DIRECTORATE SPECIFIC CONDITIONS . 107Section M - Technical Matters107M1SPECIAL EMPLOYMENT ARRANGEMENTS . 107M2DIRECTORATE DOCUMENTS REFERENCED IN THIS AGREEMENT . 107Section N - Means of Engagement110N1SALARY ON ENGAGEMENT . 110N2PERMANENT EMPLOYMENT . 110N3TEMPORARY EMPLOYMENT . 111N4CASUAL EMPLOYMENT . 113N5ASSOCIATES. 114Section O - Structural Matters116O1CLASSIFICATION AND LOCAL DESIGNATIONS. 116O2REVISED PRINCIPAL CAREER STRUCTURE. 116O3CLASSROOM TEACHER INCREMENTAL PROGRESSION . 117O4REVIEW OF VOCATIONAL EDUCATION AND TRAINING IN SCHOOLS . 118Section P - Teaching as a Profession120P1PROFESSIONAL REGISTRATION . 120P2TEACHERS’ CODE OF PROFESSIONAL PRACTICE . 120P3REVIEW OF PERFORMANCE, ASSESSMENT AND DEVELOPMENT PROCEDURES FOR TEACHERS . 120Page 6 of 200

P4DEVELOPING CLASSROOM TEACHERS . 122P5NEW EDUCATOR DEVELOPMENT . 122P6CONTINUING PROFESSIONAL LEARNING AND DEVELOPMENT . 123P7THE ANNUAL PROFESSIONAL LEARNING PROGRAM . 123P8PROFESSIONAL LEARNING COMMUNITIES . 126Section Q - Core Role of Teachers127Q1PROFESSIONAL RESPONSIBILITIES OF TEACHERS . 127Q2THE SCHOOL YEAR . 127Q3THE TEACHING YEAR . 128Q4FACE-TO-FACE TEACHING . 128Q5FACE-TO-FACE TEACHING LOADS . 128Q6VARIATION IN FACE-TO-FACE TEACHING LOADS. 129Q7VOLUNTARY ADDITIONAL LOADS . 130Q8SCHOOL MONITORING OF WORKLOAD AND PRACTICE . 130Q9SYSTEMIC MANAGEMENT OF WORKLOAD ISSUES. 131Section R - Workforce Planning132R1INTRODUCTION . 132R2TEACHER AND SCHOOL LEADER PLACEMENT. 132R3TEACHER TRANSFER . 133R4CLASSROOM TEACHER VACANCIES . 134R5EMPLOYING GRADUATE TEACHERS . 135R6SCHOOL LEADER VACANCIES . 135R7SELECTION COMMITTEES FOR SCHOOL LEADER POSITIONS. 135R8REVIEW . 135Section S - Allowances and Payments136S1PRINCIPAL ALLOWANCES . 136S2SPECIAL EDUCATION ALLOWANCE . 136S3TRAVELLING ENTITLEMENT . 136Page 7 of 200

S4PRACTICUM SUPERVISION PAYMENT . 137S5HIGHER DUTIES ALLOWANCE . 137S6RELOCATION ASSISTANCE . 137Section T - Recognition of Work and Life Responsibilities139T1REGULAR PART TIME WORK AND JOB SHARING. 139T2REGULAR PART TIME WORK FOR SCHOOL BASED TEACHERS AND SCHOOL LEADERS . 139T3JOB SHARING. 140T4UNPAID PARENTAL LEAVE . 140T5HOME BASED WORK (SCHOOL BASED TEACHERS) . 141T6HOME BASED WORK (OFFICE BASED TEACHERS) . 141T7PURCHASED LEAVE (SCHOOL BASED TEACHERS) . 142T8PURCHASED LEAVE (OFFICE BASED TEACHERS) . 145Section U - Other Matters149U1ASSESSMENT, MODERATION AND CERTIFICATION . 149U2BIRRIGAI@TIDBINBILLA . 149U3SCHOOL PSYCHOLOGISTS . 150U4RECORDING OF DAILY ATTENDANCE . 151U5MANAGING EMPLOYEE ABSENCES . 151U6CHRISTMAS SHUTDOWN . 151U7STAND DOWN . 152U8ANNUAL LEAVE FOR SCHOOL BASED TEACHERS AND PRINCIPALS . 152U9RECALL TO DUTY DURING ANNUAL LEAVE. 153U10ANNUAL LEAVE LOADING . 154Section V - Office based Teacher Conditions155V1HOURS OF DUTY . 155V2SCHEDULING OF MEETINGS . 155V3PERSONAL AND CAREER DEVELOPMENT . 155V4FLEXTIME. 155Page 8 of 200

V5RECOVERY LEAVE ARRANGEMENTS FOR SCHOOL LEADER A AND B . 157V6GRADUATED RETURN TO WORK. 158V7STAND DOWN AND ANNUAL LEAVE ON COMMENCEMENT . 158V8STAND DOWN AND ACCRUED ANNUAL LEAVE . 158V9VACATION CHILD CARE SUBSIDY . 159Section W - School Leadership Group160W1SCHOOL LEADERSHIP GROUP . 160W2PROFESSIONAL LEARNING . 160W3SCHOOL LEADER SELECTION PROCEDURES . 160W4CAREER DEVELOPMENT FOR SCHOOL LEADER C . 160W5PRINCIPAL WELLBEING . 161ANNEXES162Annex A - Classifications and Rates of Pay162ANNEX A1INTRODUCTION . 162ANNEX A2CLASSROOM TEACHER . 162ANNEX A3SCHOOL LEADER C . 162ANNEX A4SCHOOL LEADER B AND A . 163ANNEX A5SCHOOL NETWORK LEADER . 163ANNEX A6ASSOCIATE . 163ANNEX A7SCHOOL PSYCHOLOGIST . 164ANNEX A8CASUAL TEA

ACT PUBLIC SECTOR . EDUCATION AND TRAINING DIRECTORATE (TEACHING STAFF) ENTERPRISE AGREEMENT . 2014-2018 . Date of operation: 18 September 2015 . Date of expiry: 30 September 2018