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The Friends' School
(Teacher
s)
Enterprise Agreement
2024
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1
Fair Work Act 2009
s.185—Enterprise agreement
The Friends' School Incorporated T/A The Friends' School
(AG2023/5289)
THE FRIENDS' SCHOOL (TEACHERS) ENTERPRISE AGREEMENT
2024
Educational services
COMMISSIONER LEE
MELBOURNE, 18 JANUARY 2024
Application for approval of The Friends' School (Teachers) Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the
Friends’ School (Teachers) Enterprise Agreement 2024 (the Agreement). The application was
made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Friends’
School Incorporated T/A The Friends’ School. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this
application for approval have been met.
[3] The Independent Education Union of Australia being a bargaining representative for the
Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In
accordance with s.201(2) I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
25 January 2024. The nominal expiry date of the Agreement is 31 December 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE523178 PR770390>
[2024] FWCA 225
DECISION
Fa
irWork
Commission
The Friends’ School
(Teachers) Enterprise
Agreement 2024
THE
FRIENDS'
SCHOOL
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 2
Contents
Part 1 - Application and Operation ................................................................................................... 4
1.
Title
................................................................................................................................................. 4
2.
Application and Parties Bound
...................................................................................................... 4
3.
Commencement and Duration
..................................................................................................... 4
4.
Relationship to Other Industrial Instruments and the NES
......................................................... 4
5.
Purpose of the Agreement
............................................................................................................ 4
6.
No Further Claims
.......................................................................................................................... 5
7.
Definitions and Interpretation
...................................................................................................... 5
8.
Agreement Flexibility
..................................................................................................................... 7
Part 2 - Consultation and Dispute Resolution Consultation
..................................................... 9
9.
Consultation regarding workplace change
................................................................................... 9
10. Dispute Resolution ........................................................................................................................ 10
11. Teachers Enterprise Agreement Advisory Committee .................................................................. 11
Part 3 - Types of Employment and Conditions of Employment
............................................ 12
12. Types of Employment.................................................................................................................... 12
13.
Termination of Employment
...................................................................................................... 17
14
Redundancy
................................................................................................................................. 18
Part 4 - Minimum Wages and Related Matters .............................................................................. 20
15.
Classifications
............................................................................................................................... 20
16
Salaries
......................................................................................................................................... 21
17.
Allowances
................................................................................................................................... 24
18
Payment of Salaries
.................................................................................................................... 28
19
Salary Sacrifice
............................................................................................................................. 28
20.
Superannuation
........................................................................................................................... 30
Part 5 - Hours of Work and Related Matters
.......................................................................... 33
21.
Ordinary Hours of Work
........................................................................................................... 33
22.
Breaks
........................................................................................................................................... 35
Part 6 – Leave and Public Holidays ............................................................................................... 36
23.
Annual Leave
............................................................................................................................... 36
24. Personal/ Carer’ s Leave
.................................................................................................................. 38
25. Compassionate Leave ........................................................................................................................ 38
26. Community Service Leave
.......................................................................................................... 39
27. Public Holidays .................................................................................................................................. 39
28. Parental Leave ................................................................................................................................... 39
29. Renewal Leave
................................................................................................................................ 39
30. Family and Domestic Violence Leave
....................................................................................... 41
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 3
31. Leave without pay
.......................................................................................................................... 43
32. Aboriginal and Torres Strait Islander Cultural Leave
..................................................................... 43
Part 7 - Other Conditions of Employment
.................................................................................. 44
33. Early Learning .................................................................................................................................... 44
34. Part-Time Teachers Attendance Non- Teaching Activities
...................................................... 44
35. Professional Learning / Planning Days
.................................................................................... 44
36. Union Training Leave
.................................................................................................................... 45
Part 8 - Signatures
.......................................................................................................................... 46
Appendix 1 – Parental Leave .......................................................................................................... 47
1.
Definitions
.................................................................................................................................... 48
2.
Eligibility
....................................................................................................................................... 49
3.
Period of leave
............................................................................................................................ 50
4.
Paid parental leave
.................................................................................................................... 52
5.
Interaction with paid leave
..................................................................................................... 53
6.
Miscarriage, still birth, child dies (birth- related leave)
.................................................... 54
7.
Special maternity leave
........................................................................................................... 55
8.
Cancellation of placement, child dies (adoption - related leave)
.................................... 56
9.
Before leave Notice and evidence requirements
................................................................. 57
10.
Pre-adoption leave
..................................................................................................................... 58
11.
Leave within 6 weeks of birth
................................................................................................... 59
12.
Transfer to a safe job and no safe job leave
..................................................................... 60
13.
Communication during parental leave
................................................................................. 62
14.
Superannuation – Parental Leave ................................................................................................. 62
15.
Paid work during parental leave
.......................................................................................... 63
16.
Employee ceases care of child
............................................................................................... 64
17.
Replacement Employees
.......................................................................................................... 64
18.
Subsequent pregnancy or adoption during leave
............................................................... 65
Returning to Work ................................................................................................................................... 65
19.
Changing the end date of leave
............................................................................................. 65
20.
Return to work guarantee
....................................................................................................... 66
21.
Notice of return to work
.......................................................................................................... 66
22.
Return to work part- time
......................................................................................................... 66
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 4
Part 1 - Application and Operation
1.
Title
This Agreement is The Friends' School (Teachers) Enterprise Agreement 2024.
2.
Application and Parties Bound
This Agreement is between The Friends' School Incorporated, 23 Commercial Road, North
Hobart, Tasmania, ABN: 34 682 819 626 (the Employer) and Employees for whom an
appropriate classification exists within this Agreement. This Agreement will not apply to
any Employee employed within Friends' Early Learning.
3.
Commencement and Duration
This Agreement commences seven days after the date of approval by the Fair
Work Commission and has a nominal expiry date of 31 December 2026
4.
Relationship to Other Industrial Instruments and the NES
(a)
This Agreement replaces The Friends’ School (Teachers) Enterprise Agreement
2021 and any previous workplace Agreements, in their entirety.
(b)
Employees covered by this Agreement are, apart from the making of this Agreement,
covered by the Educational Services (Teachers) Award 2020. This Agreement replaces
that Award and any other Award(s) which apply to their employment, in their
entirety.
(c)
This Agreement will be read and interpreted in conjunction with the NES. Where there is
an inconsistency between this Agreement and the NES, and the NES provides a greater
benefit, the NES provision will apply to the extent of the inconsistency.
5.
Purpose of the Agreement
The purpose of this Agreement is to:
(a)
Maintain and improve the productivity, efficiency, flexibility and effectiveness of the
employer through the implementation of agreed measures, as soon as practicable,
which will increase the performance of the School and offer secure, worthwhile and
fulfilling employment for Employees;
(b)
Continue a consultative and participative approach to implement increased and
sustained improvement in performance across all areas of operation of the
School;
(c)
Develop an environment of continuous improvement conducive to a flexible work
organisation able to respond to changing demands in education;
(d)
Develop management systems and work practices capable of assuring all
stakeholders of the quality of the employers services;
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 5
(e)
Maintain the Employer as a provider of services to the community through the
continued awareness of increasing pressures on operating costs and
encouragement of optimum resource usage;
(f)
Maximise the learning outcomes for students through quality teaching;
(g)
Share the benefits of enhanced service delivery among Employees and the School
community in an equitable manner;
(h)
Provide a safer and better working environment; and
(i)
Ensure the continuation of the stable industrial relations framework that exists in
the School.
6.
No Further Claims
(a)
The Parties to this Agreement agree that for the duration of this Agreement, neither
Party will make any further claims in respect of salaries or conditions of employment.
(b)
The Employer reserves the right to make additional payments if considered
appropriate.
7.
Definitions and Interpretation
7.1 In this Agreement, unless the contrary intention appears:
Act Means the Fair Work Act 2009 (Cth).
Employee
Means a person employed as a Teacher at The Friends’
School under this Agreement.
Five years trained
Teacher
Means an Employee who:
(i)
has completed a four-year full-time course in Teacher
training at a recognised tertiary institute and also has
completed a one-year post-graduate study in an
appropriate discipline; or
(ii)
has completed a three-year undergraduate degree in a
recognised tertiary institute and also has completed a
further two years’ full-time Teacher training course in
a recognised tertiary institute; or
(iii)
has completed a three-year undergraduate degree in a
recognised tertiary institute and also has obtained by
study a master’s degree or doctorate in education or
related discipline or has a four or five-year degree and
a Graduate Diploma in Education; or
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 6
(iv)
as determined by the Teachers Registration Board
Tasmania or equivalent.
Four years trained
Teacher
Means a Teacher who has completed a degree in education
or early childhood education that requires four years of
full-time study at an Australian university or the equivalent
as determined by the National Office of Overseas Skills
Recognition, or the relevant State or Territory Teacher
registration authority, or in the case of early childhood
Teachers the appropriate licensing and accreditation
authority.
FWC Means the Fair Work Commission.
Three years trained
Teacher
Means a Teacher who has completed a degree in education
or early childhood education that requires three years of
full-time study at an Australian university or the
equivalent as determined by the National Office of
Overseas Skills Recognition, or the relevant State or
Territory Teacher registration authority, or in the case of
early childhood Teachers the appropriate licensing and
accreditation authority.
Two years trained
Teacher
Means any Teacher employed in the children’s services and
early childhood education industry as at the
commencement of this Agreement and has completed a
two-year full-time course in early childhood education and
who has been recognised as an early childhood Teacher by
the appropriate State or Territory licensing and
accreditation authority.
NES
Means the National Employment Standards as contained
in sections 59 to 131 of the Fair Work Act 2009 (Cth).
Principal
Means the Employee appointed by The Friends’ School
Incorporated the Employer to the most senior
leadership position in the School.
School year
Means 12 months from the day Employee are required to
attend the School for the new educational year or the
calendar year, as determined by the School, and includes
term weeks and non-term weeks.
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 7
Teacher
Means a person employed as such by the Employer who
performs duties which include delivering an educational
program, assessing student participation in an education
program, administering an education program and
performing other duties incidental to the delivery of the
education program. To remove any doubt, Teacher
includes an Employee in a senior leadership position, but
not a Principal or Deputy Principal.
Employer
The Friends’ School Incorporated
The School
The Friends’ School located in North Hobart Tasmania
Stapled Super Fund
A stapled super fund is an existing super account which is
linked, or ‘stapled’, to an individual Employee so that it
follows them as they change jobs.
7.2 Where this Agreement refers to a condition of employment provided for in the NES, the NES
definition applies
.
8.
Agreement Flexibility
8.1 An Employer and Employee covered by this Agreement may agree to make an individual
flexibility arrangement to vary the effect of terms of the Agreement if the arrangement:
(a)
deals with one or more of the following matters:
ii.
arrangements about when work is performed; and
iii.
allowances
(b)
meets the genuine needs of the Employer and Employee in relation to one or more of
the matters mentioned in paragraph (a); and
(c)
is genuinely agreed to by the Employer and Employee.
8.2 The Employer will ensure that the terms of the individual flexibility arrangement:
(a)
are about permitted matters under section 172 of the Fair Work Act 2009; and
(b)
are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c)
result in the Employee being better off overall than they would be if they had not
entered into an individual flexibility arrangement.
8.3 The Employer will ensure that the individual flexibility arrangement:
(a)
is in writing; and
(b)
includes the name of the Employer and Employee; and
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 8
(c)
is signed by the Employer and Employee. Where the Employee is under 18 years of
age, the arrangement will be signed by Parent or Guardian of the Employee; and
(d)
includes details of:
(i)
the terms of the Agreement that will be varied by the arrangement; and
(ii)
how the arrangement will vary the effect of the terms; and
(iii)
how the Employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and
(e)
states the day the arrangement commences.
8.4 The Employer will give the Employee a copy of the individual flexibility arrangement within 14
days after it is agreed to.
8.5 Either party may terminate the individual flexibility arrangement:
(a)
by giving the other a minimum of 28 days’ written notice stating their intention to
end the arrangement; or
(b)
if both Parties agree in writing at any time.
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 9
Part 2 - Consultation and Dispute Resolution Consultation
9.
Consultation regarding workplace change
9.1 Employer to notify
(a)
Where the Employer has made a decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on Employees, the Employer will notify the Employee
who may be affected by the proposed changes and their representatives, (if
any).
(b)
Significant effects include termination of employment; significant changes in the
composition, operation or size of the Employer’s workforce or the skills required;
the elimination or diminution of job opportunities, promotion opportunities or
job tenure; the alteration of hours of work; the need for retraining or transfer of
Employees to other work or locations; and the restructuring of jobs. Provided
that where this Agreement makes provision for alteration of any of these matters
an alteration is deemed not to have a significant effect.
9.2 Employer to discuss change
(a)
The Employer will discuss with the Employees affected and their representatives
(if any), the introduction of the changes referred to in clause 9.1, the effects the
changes are likely to have on Employees and measures to avert or mitigate the
adverse effects of such changes on Employees and will give prompt consideration
to matters raised by the Employees and or their representatives concerning the
changes.
(b)
The discussions will commence as early as practicable after a decision has been
made by the Employer to make the changes referred to in clause 9.1.
(c)
The Employer will provide in writing to the Employees and their representatives,
all relevant information about the changes including the nature of the changes
proposed, the expected effects of the changes on Employees and any other
matters likely to affect Employees. The Employer is not required to disclose
confidential information, the disclosure of which would be contrary to the
Employer’s interests.
9.3 Consultation about changes to rosters or hours of work
Where the Employer proposes to change an Employee’s regular roster or ordinary hours of
work, the Employer will consult with the Employee or Employees affected and their
representatives, about the proposed change.
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 10
(a)
The Employer will:
(i)
provide to the Employee and / or Employees affected and their
representatives, if any, information about the proposed change/s. For
example, information about the nature of the change/s to the Employee’s
regular roster or ordinary hours of work and when the change is proposed
to commence;
(ii)
invite the Employee or Employees, their representatives, to give their views
about the impact of the proposed change/s (including any impact
concerning their family or caring responsibilities); and
(iii)
give consideration to any views about the impact of the proposed change/s
that are provided by the Employee or Employees and/or their
representatives.
(b)
The requirement to consult under this clause does not apply where an Employee has
irregular, sporadic or unpredictable working hours.
(c)
These provisions are to be read in conjunction with other Agreement provisions and
those concerning the scheduling of work and notice requirements.
9.4 Employee Representatives
As per the process outlined in Part 2 of this Agreement, a representative will be recognised
by the Employer where:
(a)
relevant Employee or Employees appoint the representative for consultation; and
(b)
the Employer has been informed of the identity of the representative.
10. Dispute Resolution
10.1 Dispute
In the event of a dispute about a matter under this Agreement, or concerning the NES, in
the first instance, the parties will attempt to resolve the issue at the workplace by
discussions between the Employee or Employees concerned and the relevant Supervisor.
Where these discussions do not resolve the dispute, the parties will endeavour to resolve
the dispute in a timely manner through discussions between the Employee or Employees
concerned and more senior levels of management.
10.2 Matters arising under the Agreement
If a dispute about a matter arising under this Agreement or a dispute about the NES is
unable to be resolved at the workplace, and all appropriate steps under clause 10.1 have
been taken, a party to the dispute may refer the dispute to the FWC.
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 11
10.3 Agree on process
The Parties may agree on the process to be utilised by FWC including mediation,
conciliation and consent arbitration.
10.4 Dispute remains unresolved
Where the matter in dispute remains unresolved, FWC may exercise any method of
dispute resolution permitted by the Act that it considers appropriate to ensure the
settlement of the dispute. FWC can arbitrate the dispute and make a determination that is
binding on all parties.
10.5 Appointing another person
The Employer or Employees may appoint another person, organisation or association to
accompany and or represent them for the purposes of this clause.
10.6 While dispute resolution process is underway
While the dispute resolution procedure is being conducted, work will continue in
accordance with this Agreement and the Act. Subject to applicable Workplace Health and
Safety Legislation, an Employee will not unreasonably fail to comply with a direction by
the Employer to perform work, whether at the same or another workplace that is safe and
appropriate for the Employee to perform.
11. Teachers Enterprise Agreement Advisory Committee
11.1 For the term of this Agreement the Employer will establish and maintain a committee to be known
as the Teachers Enterprise Agreement Advisory Committee.
11.2 The Teachers Enterprise Agreement Advisory Committee will be established by the Principal’s
Committee within the existing committee structure of the Employer.
11.3 Consistent with the Employer’s processes, the Terms of Reference for the Teachers Enterprise
Agreement Advisory Committee will be determined by the Principal’s Committee and may be
reviewed and amended by the Principal’s Committee.
11.4 The purpose of the Teachers Enterprise Agreement Advisory Committee will be to provide a forum
for the Employer’s management and Teachers to consider matters relating to the implementation
of this Agreement and to make any necessary recommendations to the Principal’s Committee.
11.5 The Teachers Enterprise Agreement Advisory Committee will be convened by the Deputy Principal
and the Director of Teaching and Learning and the Human Resources Manager will be an Employer
representative on the Committee.
11.6 The Teachers Enterprise Agreement Advisory Committee will include a maximum of two teachers
from each of the three sections / campuses operated by the Employer who will be appointed by the
Principal, after seeking nominations, for a term of one year.
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 12
Part 3 - Types of Employment and Conditions of
Employment
12. Types of Employment
12.1 Employees covered by this Agreement will be employed in one of the following
categories:
(a)
full-time employment; or
(b)
part-time employment; or
(c)
casual employment; or
(d)
fixed-term employment.
12.2 Terms of engagement
(a)
On appointment, the Employer will provide the Employee with a letter of appointment
stating the classification and rate of salary applicable on commencement and, if applicable,
the Employee’s face-to-face teaching load and details of their extra-curricular
commitment.
(b)
In the case of a part-time Employee, the letter of appointment will include the
Employee’s teaching load expressed as a percentage of a full-time load in the
School and that their extra-curricular commitment will generally be, on balance,
the same proportion to their teaching load as that of a full-time Employee.
(c)
Where the Employer engages the Employee on a fixed-term basis, the letter of
appointment will inform the Employee of the reason the employment is fixed term,
the date of commencement and the period of their fixed-term employment.
12.3 Probationary period full and part-time Employees
(a)
All full time and part-time employees, other than fixed-term Employees, will be
required to complete a six-month probation period on the commencement of their
employment. (i.e. from the day they first report for work).
(b)
Where full or part-time Employee is absent, (not including paid leave), during the
probationary period for any period(s) exceeding two consecutive weeks the
Employee’s probationary period will be extended by the total duration of the
Employee’s absence.
(c)
Subject to completion of a satisfactory probation review at the conclusion of the
probationary period, full or part-time Employees will be granted permanent
employment.
12.4 Probation period fixed-term Employees
(a) At the discretion of the Employer where a probation period is required to be
completed for a fixed-term position being offered the Employer will include the
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 13
probation
period duration and the commencement date in the written offer of
employment to the prospective fixed-term Employee, and as such it will form
part of the contract of employment.
(b)
Where a fixed-term Employee is absent, (not including paid leave), during the
probationary period for any period(s) exceeding two consecutive weeks the fixed-
term Employee’s probationary period will be extended by the total duration) of the
Employee’s absence.
(c)
The continuation of employment beyond the probationary period is subject to
satisfactory completion of their probation by the fixed-term Employee.
12.5 Full-time employment
(a) A full-time Employee is an Employee engaged to work an average of 38 ordinary
hours per week.
12.6 Part-time employment
(a) A part-time Employee is an Employee who is engaged to work on a regular basis for less
than, but not more than 90% of the hours of a full-time Employee in the School. If the
hours of a part-time Employee temporarily rise above 90%, the Employee will be
considered to be full-time and receive the equivalent salary and leave entitlements of a
full-time Employee for the period of time they are required by the employer
to work in
excess of 90% of the full-time hours.
(b) A part-time Employee is entitled to proportional benefits under this Agreement. The
proportional rate is calculated by dividing the number of face-to-face teaching hours
prescribed for the part-time Employee by the face-to-face teaching hours specified for a
full-time Employee
in the School.
(c)
An Employee (full-time or part-time) who requests to work above 90% of full-time
hours, but less than full-time, will not be considered to be full-time and will be
remunerated for the actual hours worked.
(d)
The Employer cannot vary a part-time Employee’s teaching load or days of
attendance unless:
(i)
the Employee consents; or
(ii)
where such a variation is required as a result of a change in funding,
enrolment or curriculum, the Employer will provide seven weeks’ notice in
writing to the Employee. Where the change will result in a salary reduction,
the salary of the Employee will be maintained for seven weeks.
(e)
Where a part-time Employee is appointed in addition to their usual part-
time load an additional teaching load for any period exceeding one (1)
week, the following formula will be used to determine the casual weekly
payment due to the Employee for the additional load:
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 14
Additional Appointment (FTE %) x Salary Scale Rate + 25% 1
52.18
The casual weekly payment is paid in lieu of any payments or benefits otherwise
accruing to the Employee under the Agreement, the Award or NES in respect to
the additional appointment, including any entitlement to school holiday leave,
annual leave, personal leave, public holidays, paid parental leave, and
compassionate leave.
(f)
If a part-time Employee is required to undertake additional teaching hours
in addition to their usual part-time load, for any period up to and including
one week, the part-time Employee will be paid for these extra hours in
accordance with clause 16.11
12.7 Casual employment
(a) Casual employment means employment on a day-to-day basis for a period of not
more
than four consecutive term weeks.
(b)
A casual engagement may be extended by agreement between the Employee and
the Employer provided the total period of the engagement does not exceed one
school term.
(c)
The rates of pay for a casual Employee are contained in clause 16.12.
12.8 Right to request casual conversion
(a)
Offers and requests for casual conversion are provided for in the NES.
12.9 Fixed-term employment
An Employee may be employed for a fixed period of time for a period of at least four
weeks but no more than 12 months, except as provided for in clauses 12.10(c) and 12.9,
on either a full-time or part-time basis to:
(a)
Undertake
a specified project for which funding has been made available;
(b)
Undertake
a specified task which has a limited period of operation; or
(c)
Replace
an Employee who is on leave, performing other duties temporarily or
whose employment has terminated after the commencement of the School year.
Provided that where the replacement arrangement extends beyond 12 months,
the fixed term employment may be extended for up to a further 12 months.
12.10 Fixed term relief teacher
(a) An
Employee may be engaged as a designated fixed term relief teacher for a
maximum period of two years.
The Friends’ School (Teachers) Enterprise Agreement 2024
Page 15
(b)
If the School determines to offer a designated fixed term relief teacher further
employment at the end of the two-year period, it will be in accordance with the
Types of Employment at clauses 12.3 to 12.6 of this Agreement.
(c)
An Employee engaged in accordance with this clause will be employed on a full-
time basis.
(d)
An Employee who is a designated fixed term relief teacher is required to attend
and participate in all staff meetings but will not be required to write reports,
undertake marking, prepare detailed lesson plans or attend parent teacher
evenings.
(e)
Due to the reduced workload outside of direct classroom teaching a fixed term
relief teacher can undertake up to a maximum of 30 hours of contact time per
week.
(f)
Clause 21.4(a) and (b) do not apply to an Employee engaged in accordance with
this clause.
12.11 Concurrent engagement as a Fixed Term Relief Teacher (Part-time or casual)
(a)
An existing part-time Employee may in addition to their existing part time
arrangements also be concurrently engaged on either a:
i. further part-time basis as a designated fixed term relief teacher on a daily
basis for a maximum period of 2 years; or
ii. on a casual basis as a relief teacher
on the basis that an Employee who is engaged as such is required to attend and
participate in all staff meetings but will not be required to write reports, undertake
marking, prepare detailed lesson plans or attend parent teacher evenings.
(b)
Such an additional engagement will have contact time in accordance with the
following table
1 day per week Up to maximum 6 hours of
contact time per day (ie: pro rata
equivalent of a 30 hour maximum
contact hour week) for a
maximum of 6 hours per week
2 days per week Up to maximum 6 hours of
contact time per day (ie: pro rata
equivalent of a 30 hour maximum
contact hour week) for a
maximum of 12 hours per week
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3 days per week Up to maximum 6 hours of
contact time per day (ie: pro rata
equivalent of a 30 hour maximum
contact hour week) for a
maximum of 18 hours per week
4 days per week Up to maximum 6 hours of
contact time per day (ie: pro rata
equivalent of a 30 hour maximum
contact hour week) for a
maximum of 24 hours per week
(c)
Clause 21.4(a) and (b) do not apply to an Employee concurrently engaged in
accordance with this clause. This applies to the relief component and not the
ongoing component.
12.12 Relief and Casual Teaching
(a)
A Relief (Casual) Teacher:
(i)
is a Teacher who is engaged on a genuine casual arrangement, as and when required
on an irregular basis;
(ii)
shall, except in exceptional circumstances, have a minimum engagement of three
hours on each occasion;
(iii)
shall be paid the salary determined in accordance with the experience and
qualifications as for full-time Teachers in accordance with clause 16.
(iv)
shall be paid for each hour at 1/1000 of the annual salary applying to that Teacher;
(v)
shall receive a minimum payment of three (3) hours for each engagement;
(vi)
on the completion of five (5) hours, shall be paid the daily rate of pay (equal to the
annual rate applying to that Teacher/200) but may be required to be in attendance
for seven hours on that day; and
(vii)
shall not accrue holiday or personal leave entitlements for time worked.
12.13 Teacher engagement
A teacher normally engaged on a particular day, other than as a Relief (Casual) Teacher,
and who has their engagement time extended on that day shall be paid at the casual rate
of pay determined in accordance with Clause 16.12 for the extended time only and shall
not accrue holiday or personal leave entitlements for this extended time.
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13. Termination of Employment
13.1 Notice of termination is provided for in the NES.
This clause of the Agreement provides specific detail and supplements the NES that deals
with termination of employment.
13.2 Notice of termination by the Employer
(a)
Subject to clause 14.8, the employment of an Employee (other than a casual
Employee) will not be terminated without at least seven term weeks’ notice as
per the school calendar for that year (inclusive of the notice required under the
NES), the payment of seven weeks’ salary instead of notice or part notice and part
payment instead of notice provided that the total weeks’ notice and weeks’ pay
equal seven weeks.
13.3 Notice of termination by an Employee
(a)
The notice of termination required to be given by an Employee is the same as
that required of the Employer.
(b)
If an Employee does not give the period of notice required under paragraph (a)
without Agreement from the Employer, then the Employer can at their discretion
deduct an amount equal to no more than two weeks’ wages from wages due to
the Employee.
(c)
Any deduction under paragraph (b) will not be unreasonable in the
circumstances.
13.4
Job search entitlement
(a)
Where the Employer has given notice of termination to an Employee, an
Employee will be allowed up to one day’s time off without loss of pay for the
purpose of seeking other employment. The time off is to be taken at times that
are convenient to the Employee after consultation with the Employer.
13.5 Exclusions
(a) Employees who are excluded from coverage of the notice of termination provisions in the
NES are also excluded from coverage of the notice of termination provisions in this
Agreement.
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13.6 Statement of Service
(a) On the termination of employment of an Employee (other than a casual Employee), the
Employer will provide, upon the request of the Employee, a statement of service setting
out the commencement and cessation dates of employment.
14 Redundancy
14.1 Redundancy
(a)
This may take place where the Employer has determined that the work performed
by an Employee or Employees is no longer required to be performed and cannot
redeploy those Employees in suitable and effective positions within the School.
14.2 Redundancy pay
(a) This is provided for in the NES. This clause of the Agreement supplements the NES which
deals with redundancy.
14.3 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties by reason of redundancy, the
same period of notice in accordance with clause 14.4 of this Agreement will be given as
the Employee would have been entitled to if the employment had been terminated. The
Employer may, at their discretion make payment instead of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary time rate
for the number of weeks of notice still owing.
14.4 Redundancy payment
(a) Where employment ceases because of Redundancy full-time and part- time Employees
will be entitled to receive the greater of the redundancy payment set out in the table
below or the redundancy payment provided for by the NES:
Years of Continuous Service Weeks of Pay at Ordinary Time Rate
More than 1 year
4 weeks
More than 2 years
6 weeks
More than 3 years
8 weeks
More than 4 years
10 weeks
More than 5 years
12 weeks
More than 6 years
14 weeks
More than 7 years
16 weeks
More than 8 years
18 weeks
More than 9 years 20 weeks
More than 10 years 22 weeks
11 or more years 24 weeks
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14.5 Part-time Employee entitlements
(a) Entitlements for part-time Employees under this clause are calculated on the basis of the
average number of hours worked by the Employee as a proportion of full-time weekly
hours for the Employee’s previous 12 months of service.
14.6 Employee leaving during notice period
(a) An Employee given notice of termination in circumstances of redundancy may terminate
their employment during the period of notice set out in clause 13.3. The Employee is
entitled to receive the benefits and payments they would have received under this clause
had they remained in employment until the expiry of the notice period but is not entitled
to pay instead of notice.
14.7 Job search entitlement
(a)
An Employee given notice of termination in circumstances of redundancy 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.
(b)
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, produce proof of attendance at an interview or
they will not be entitled to payment for the time absent. For this purpose, a
statutory declaration is sufficient.
14.8 Interaction of this clause with clause 13 - Termination of Employment
Where the Employee’s employment is terminated on the grounds of redundancy, the
Employee will be entitled to:
(a)
Notice of termination under clause 13.2; and
(b)
Redundancy payments as per the table in clause 14.4(a).
(c) Staff who have completed less than 12 months of service are not entitled to redundancy
payment under Clause 14.4.
14.9 Part-time Employees
(a) If a part-time Employee’s hours are reduced, without their consent, by more than 25%
they will be entitled to the provisions of this clause.
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Part 4 - Minimum Wages and Related Matters
15. Classifications
15.1
Duties of an Employee
(a)
The duties of an Employee may include in addition to teaching, activities associated
with administration, review, development and delivery of educational programs and
co-curricular activities.
15.2 Evidence of qualifications
(a)
On engagement, the Employer will require that the Employee provide documentary
evidence of qualifications and teaching experience. If the Employer considers that
the Employee has not provided satisfactory evidence, and advises the Employee in
writing to this effect, then the Employer may decline to recognise the relevant
qualification or experience until such proof is provided. Provided that the Employer
will not unreasonably refuse to acknowledge the qualifications or teaching
experience of an Employee.
(b)
Where a Teacher has completed further teaching experience with another Employer
(for example during unpaid leave) or additional qualifications after commencement
of their employment they will be entitled to be classified accordingly and back paid
from the date of completion of the experience or qualifications, provided the
Employee provided satisfactory evidence to the Employer within three months of
completion. In all other cases the Employee will be classified and paid from the date
sufficient evidence is provided.
15.3 Entry points and progression
(a)
Unqualified Teachers and Teachers teaching on a limited authority to teach will
commence on a step of the salary scale determined by the Employer following
consideration of the Employee’s qualifications, skills and experience but will not
progress beyond Step 6 of the salary scale detailed in clause 16.1 of this Agreement
other than at the discretion of the Employer.
(b)
A Teacher who is recognised as two years trained will commence on a step of the
salary scale determined by the Employer following consideration of the Employee’s
qualifications, skills and experience but will not progress beyond Step 8 of the salary
scale detailed in clause 16.1 of this Agreement other than at the discretion of the
Employer.
(c)
A Teacher who is recognised as three years trained will commence on a step of the
salary scale determined by the Employer following consideration of the Employee’s
qualifications, skills and experience but will not progress beyond Step 10 of the
salary scale detailed in clause 16.1 of this other than at the discretion of the
Employer.
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(d)
A Teacher who is recognised as four years trained will commence on Step 5 of the
salary scale detailed in clause 16.1 of this Agreement.
(e)
A Teacher who is recognised as five years trained will commence on Step 7 of the
salary scale detailed in clause 16.1 of this Agreement and will skip Step 10.
(f)
If a Teacher attains a further recognised teaching qualification, or an unqualified
Teacher or Teacher teaching on a limited authority to teach attains a recognised
teaching qualification, then their entry point and progression will be adjusted
according to the level of their teaching qualifications.
(g)
Effective from the date of approval of this Agreement, and subject to a Teacher’s
satisfactory service during the previous 12 months, full-time and part-time
Employees will progress at the rate of one step of the teaching salary scale for each
completed full School year of continuous service. For this clause, a full School year of
continuous service is a calendar year where the Teacher is continuously employed
for the duration of the School year.
16 Salaries
16.1 The following salary table includes the starting Salary rates for Employees covered by this
Agreement.
Salary Scales
1/05/2023
Existing EA Annual Rates
Step 1
$74,139
Step 2
$76,478
Step 3
$78,880
Step 4
$81,290
Step 5 - 4YT Entry Level
$83,694
Step 6
$87,993
Step 7 - 5YT Entry Level
$92,531
Step 8
$97,856
Step 9
$102,903
Step 10 (SYT jumps this step)
$108,152
Step 11
$113,704
Step 12
$118,942
SCT 1
$123,112
SCT 2
$124,344
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16.2 Actual Salaries for the life of this Agreement
Actual salaries for the life of this agreement have not been inserted above. These will be
prepared and issued to all Employees covered by this Agreement when the rates have
been calculated using the following methodology:
1
st
Year
Effective date first full pay
period on or after
01/05/2024
Whichever is lower: 2.5% or Hobart CPI
– All Groups Consumer
Price Index for the year ended 31 December 2023.
2
nd
Year
Effective date first full pay
period on or after
01/05/2025
Whichever is lower:
2.5% or Hobart CPI - All Groups Consumer
Prices Index for the year ended 31 December 2024.
3
rd
Year
Effective date first full pay
period on or after
01/05/2026
Whichever is lower: 2.5% or Hobart CPI - All Groups Consumer
Prices Index for the year ended 31 December 2025 or in
accordance with clause 15.3, whichever provides the more
favorable
result for Employees.
Excepting that in every instance should the Hobart CPI - All Groups Consumer Prices
Index be less than 1.0% for the year ended 31 December referenced above the
salary increase effective from the first full pay period on or after 1 May in the
following year shall be no less than 1.0%
The Friends School Teachers Enterprise Agreement salary terms including the no
disadvantage provisions are outlined in further detail in clauses 16.3, 16.4 and 16.5,
respectively.
16.3 First full pay period after 1 May 2026.
(a)
Subject to Clause 16.2, from the first full pay period on or after 1 May 2026 salaries will be
increased by the percentage increase that results in the salary of a Friends’ School SCT Step
2 Teacher being set at 3.5% more than the rate prescribed, at the time, for a Tasmanian
Department of Education Band 1 Level 13 (B1 L13) Teacher (inclusive of annual leave
loading) i.e. 103.5% of the Tasmanian Department of Education Band 1 Level 13 (B1 L13).
This increase will be applied to the responsibility allowances at clause 17.1 from the first full
pay period on or after 1 May 2026.
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16.4
Salary versus Department of Education
(a) Provided also that should the salary of a Friends’ School SCT Step 2 fall below 103.5% of the
Tasmanian Department of Education Band 1 Level 13 (B1 Ll3) Teacher (inclusive of annual
leave loading) in the period after 1 May 2026 and before the 31 December 2026 (the
notional expiry date of this Agreement) the salaries prescribed by this clause will be
increased as per the formula in clause 15.3 of this Agreement, with effect from the same
date as the variation to the rate prescribed for Tasmanian Department of Education Band 1
Level 13 (B1 L13) Teachers (inclusive of annual leave loading) and maintained until this
Agreement is replaced.
16.5
Negative figure result
(a) Should the result produced by the application of either clause 16.2 or clause 16.3 result in
a negative figure, then existing salary rates will be maintained.
16.6
Step 12 Teacher to Senior Classroom Teacher Step 1
(a) In all cases a Teacher is required to be classified at Step 12 of the salary scale for 12
months before being eligible to apply for progression to the Senior Classroom
Teacher Step 1 (SCT Step 1) classification. On application, progression to, and
maintenance of, SCT Step 1 status will be dependent upon the Teacher satisfying the
eligibility requirements outlined in The Friends’ School Policy and Guidelines.
16.7 A Senior Classroom Teacher Step 1 to Step 2
(a)
A SCT Step 1 teacher after completing 12 months at that classification level will
progress to SCT Step 2 if they:
(i)
hold full Tasmania Teachers Registration Board registration,
(ii)
provide confirmation by their Supervisor of the Employee’s current (SCT
Step 1) senior leadership contribution to the Employer;
(iii)
provide affirmation by either the Deputy Principal or Head of Campus of
the Employee’s current (SCT Step 1) senior leadership contribution to the
Employer; and
(iv)
satisfy any other requirements outlined in The Friends’ School policy.
16.7
Salary rates
(a) The salary rates set out in this clause are inclusive of any entitlement to annual leave
loading.
16.8
National Minimum Wage Order
(a) National Minimum Wage Order increases which apply during the life of this
Agreement will be absorbed by the agreed salary levels specified by clause 16.1 and
16.2 of this Agreement and do not flow on to this Agreement.
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16.9
Calculating weekly and fortnightly rates
(a) The weekly rate of pay for an Employee is calculated by dividing the annual rates in clauses
16.1 and 16.2 by 52.18, and the fortnightly rate is calculated by dividing the annual rate
by 26.09.
16.11 Part-time Employee rates
(a) A part-time Employee will be paid pro-rata, at the same rate as a full-time Employee
in the same classification, per the provisions of clause 12.5.
16.12 Casual Employee rates
Will be paid in accordance with Clause 12.12 Relief and Casual Teaching
(a)
The casual loading paid to casual Employees is paid instead of all paid leave including:
i.
paid annual leave and annual leave loading;
ii.
paid personal/carer’s leave;
iii.
paid compassionate leave;
iv.
payment for absence on a public holiday;
v.
payment in lieu of notice of termination;
vi.
redundancy pay; or
vii.
any paid entitlements associated with non-casual employment under the NES, any
industrial instrument, or otherwise; and
accordingly, the casual loading paid may
be set-off against any claims for these entitlements.
17. Allowances
17.1 Responsibility allowances
(a)
The allowance rates set out in this clause are inclusive of any entitlement to
annual leave loading.
(b)
A responsibility allowance is payable where the Employer requires an Employee
to perform duties or adopt responsibilities that the Employer considers to be in
excess of the ordinary duties of an Employee at The Friends’ School and those
specified in this Agreement.
(c)
In such circumstances the Employee will be paid, in addition to his or her
normal salary, a responsibility allowance based on the skills required and the
nature of the additional duties or responsibilities, while ever such additional
duties or responsibilities are being performed. Provided that; a responsibility
allowance is only payable if the period of additional duties or responsibilities
exceeds one term.
(d)
The level of any responsibility allowance to be paid is determined by the
Employer. The methodology used to determine the level of the allowance will
be made available to an Employee concerned. The methods used or any
determination reached may be revised, using the usual consultative
mechanisms of the Employer. An Employee affected by any revision of the
methodology used or determination reached will be individually advised within
seven (7) days of any such modification.
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(e)
The Employer determines the degree of time-release for a particular
responsibility.
(f)
Before commencing a period of additional duties or responsibilities that
attracts a responsibility allowance, the Employee will be provided the following
written advice:
(i) the amount of the allowance;
(ii) the additional duties or responsibilities to be carried out;
(iii)
the duration of the period of additional duties or responsibilities; and
(iv)
where the Employer believes it to be appropriate for the nature of the additional
responsibilities, the period of notice to be given to change or terminate the
arrangements.
(g)
Allowance levels are calculated based on 2% of Step 12 of the trained Teacher
salary scale for each level, operative from the same dates as the salary increases.
Salary Scales
% of Annual
Step 12
1/05/2023
Level 1
2%
$2,379,
Level 2
4%
$4,759
Level 3
6%
$7,137
Level 4
8%
$9,516
Level 5
10%
$11,894
Level 6
12%
$14,273
Level 7
14%
$16,652
Level 8
16%
$19,030
Level 9
18%
$21,410
Level 10
20%
$23,789
Level 11
22%
$26,167
Level 12
24%
$28,546
The percentage shown is of the annual Step 12 rate in clause 15.
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17.2 Temporary responsibility allowance
(a)
The allowance rates set out in this clause are inclusive of any entitlement to annual
leave loading.
(b)
If the Employer requires an Employee to perform additional duties or accept
additional responsibilities for a period of one term or less, but not less than a
fortnight, the Employee is entitled to a temporary responsibility allowance based on
the table at clause 17.1(g) of this Agreement.
(c)
All other provisions of clause 17 of this Agreement apply, save and except for the
following:
(i)
A Teacher performing the duties of another Teacher in receipt of a
responsibility allowance will be paid the appropriate allowance for those
duties or part of those duties, for the period of the temporary appointment.
(ii)
A temporary responsibility allowance entitlement continues during a period
of approved leave; provided that, the period of leave is within the agreed
period of the temporary appointment.
(iii)
Service increments applying to an Employee’s salary under the Agreement
are taken into account and not absorbed into the total salary if a service
increment occurs during the period of the temporary appointment.
(iv)
A temporary responsibility allowance is not considered to be part of an
Employee’s total salary, except for superannuation payments required by
legislation.
17.3 Vehicle allowance
(a)
An Employee required by the Employer to use their own motor vehicle in the
performance of duties will be paid the following allowances:
(i)
Motor car
$0. 96 per kilometre with a maximum payment up to 400 kilometres per week
(ii)
Motor Cycle
$0. 32 per kilometre with a maximum payment up to 400 kilometres per week.
(b)
The Employer will pay all expenses including registration, running and maintenance,
where the Employer provides a motor vehicle which is used by an Employee in the
performance of the Employee’s duties.
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17.4 Overnight allowance
(a)
An Overnight Allowance will be payable to a part-time or a full-time Employee who is
required by the Employer to stay overnight in a tent, hostel, school camp or a similar
standard of accommodation, for purposes of accompanying students on an
overnight activity or excursion.
(b)
Entitlement to an Overnight Allowance will be assessed on a night-by-night basis by
the Employer. It may not be payable for all nights of a particular activity or excursion.
(c)
The Teacher, or other Employee, leading the activity or excursion will be responsible
for notifying Employees accompanying the activity or excursion of any nights for
which they are entitled to claim an Overnight Allowance. However, it is the individual
Employee’s responsibility to complete and lodge an appropriately authorised
application for an Overnight Allowance.
(d)
Notwithstanding any other provisions of this Agreement, an Employee will not be
entitled to claim an Overnight Allowance for any activity or excursion;
(i)
which they are leading or accompanying as a volunteer or where their
attendance is not required by the Employer; or
(ii)
that is conducted by an organisation other than The Friends’ School.
(e)
Notwithstanding any other provisions of this Agreement, an outdoor education
Teacher will not be entitled to claim an Overnight Allowance.
(f)
The Overnight Allowance payable will be $157.53 per night. As at 1/5/23
(g)
The allowance specified in sub-clause (f) is subject to indexation at the rate and
timing specified for salaries in accordance with the provision of clause 16 of this
Agreement.
17.5 Extended Essay and TCE student directed Inquiry
(a)
An Employee who is directed by the Employer to undertake an Extended Essay supervision will
receive a one off allowance payment of $300.00 per essay.
(b) An Employee who is directed by the Employer to undertake a TCE Student Directed Inquiry
will receive a one off allowance payment of $300.00 per inquiry.
17.6 Adjustment of expense related allowances
(a)
Allowances will be increased on the 1 July each year in line with the FWC Annual
Wage Review Decision. The increase will be the amount FWC determines to increase
the minimum wage by in accordance with the Annual Wage Review Decision.
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18 Payment of Salaries
Payment of Employee wages will be transferred electronically into a nominated bank account
on a fortnightly basis.
19 Salary Sacrifice
19.1 Application
This clause facilitates the provision of salary and benefit packages to
Employees whose employment is covered by this Agreement.
19.2 Definitions
“Benefits”
Means the benefits selected by an Employee from the
“Salary Sacrifice Benefits” provided by the Employer.
“Benefit Value”
Means the amount specified by the Employer as the
cost to the Employer of the benefit provided,
including fringe benefits tax, if any.
“Fringe Benefits Tax”
Means tax imposed by the Commonwealth Fringe
Benefits Tax Assessment Act 1986.
“Salary Sacrifice Benefits”
Means the salary sacrifice benefits made available by
the Employer from time to time, but will include –
Superannuation contributions to the extent relevant
legislation permits an Employee to salary sacrifice
superannuation - at or above the minimum level
specified by the Employer. Contributions will be made
in accordance with clause 19 of this Agreement; and
Childcare fees at Friends’ Early Learning, based on an
agreed level of care to be maintained for each
calendar year.
19.3 Conditions of employment
(a) Except as provided by this clause, an Employee will be employed on a rate of pay and
otherwise on terms and conditions not less than those prescribed by this Agreement.
19.4 Salary packaging
The Employer may offer to provide, and an Employee may accept, in writing -
(a)
the benefits selected by the Employee from those salary sacrifice benefits made
available by the Employer; and
(b)
a wage equal to the difference between the benefit value and the wage which would
have applied to the Employee pursuant to clause 19.3, in the absence of an
agreement under this clause.
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19.5 Taxation liability
(a) The Employee is, and remains, liable to pay or reimburse the Employer for any fringe
benefits tax, or any other tax, and any salary packaging fees imposed by the Employer (or a
party acting under contract for the Employer) on any benefit provided to an Employee
under this clause. Any such amounts included in the calculation of benefit value will be
recognised as a contribution from the Employee towards the liability imposed by this
clause.
19.6 Overpayments and other liabilities
If in relation to any salary packaging arrangement entered into between the Employer and
an Employee, an overpayment or any other liability occurs as a result of a mistake of fact;
(a)
the Employer is entitled to reimbursement of any overpayment; and
(b)
the Employee is responsible for any other liability incurred.
Provided that where reimbursement of any overpayment or liability is required, the
repayment schedule will be determined by negotiation between the parties.
19.7 Changes to packages
Unless otherwise mutually agreed, an Employee may only amend his or her salary
packaging arrangements once in every 12-month period and will provide the School’s
administration with two pay cycle’s written notice of any changes.
19.8 Cessation of arrangements
Salary packaging arrangements under this clause can be ceased, as follows:
(a)
by written notice of at least two (2) pay cycles from the Employee; and
(b)
on termination of the Employee’s employment; and
(c)
if the Employer is unable to continue such arrangements; and
(d)
if legislative changes prevent continuation of such arrangements.
19.9 Notification of benefit value
The Employer will advise the Employee in writing of the benefit value before the Employee
and the Employer enter into an agreement pursuant to clause 19.4 of this Agreement.
19.10 Application
The Employer will advise the Employee in writing of the benefit value before the Employee
and the Employer enter into an agreement pursuant to clause 19.4 of this Agreement.
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19.11 Calculation of salary during leave
During the life of an agreement pursuant to clause 19.4 of this Agreement, an Employee
who takes leave is entitled to payment during the period of leave, as follows:
(a)
on full pay the Employees normal benefits and normal wage.
(b)
without pay no benefits.
(c)
on less than full pay – the Employees normal benefits and a wage calculated by
applying
(W x P%) – (100% - P%) x B = A.
Formula Explanation:
W
the wage determined pursuant to clause
18.4 of this Agreement
P
the % of wage payable during the leave
B
the benefit value
A
the amount of wages
19.12 Other payments
(a) Any other payment that is calculated by reference to the Employee’s salary, however
described, that is payable - either during employment or on termination of employment
in respect of untaken paid leave or on death - will be at the rate of pay that would have
applied to the Employee according to clause 19.3, in the absence of an agreement under
clause 19.4 of this Agreement.
19.13 Independent advice
(a) The Employer makes no representation that the salary packages offered will be financially
advantageous for the Employee(s) concerned. It is the Employer’s expectation that
Employees will seek independent financial advice prior to entering into any salary
packaging arrangement that may be offered by the Employer.
20. Superannuation
20.1 Superannuation legislation
(a)
Superannuation will be paid in accordance with the applicable superannuation legislation
as amended from time to time and is to be paid into a complying superannuation fund
nominated by the Employee.
(b) The rights and obligations in these clauses supplement those in superannuation
legislation.
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20.2 Employer contributions
(a) The Employer will make such superannuation contributions to a superannuation fund
for the benefit of an Employee as will avoid the Employer being required to pay the
superannuation guarantee charge under superannuation legislation with respect to
that Employee.
20.3 Voluntary Employee contributions
(a)
Subject to the governing rules of the relevant superannuation fund, an Employee
may, in writing, authorise their Employer to pay on behalf of the Employee a
specified amount from the post-taxation wages of the Employee into the same
superannuation fund as the Employer makes the superannuation contributions
provided for in clause 20.2.
(b)
An Employee may adjust the amount the Employee has authorised their Employer to
pay from the wages of the Employee from the first of the month following the giving
of three months’ written notice to their Employer.
(c)
The Employer will pay the amount authorised under clauses 20.1(a) and (b) no later
than 28 days after the end of the month in which the deduction authorised under
clauses 20.1(a) or (b) was made.
20.4 Superannuation fund
Unless, to comply with superannuation legislation, the Employer is required to
make the superannuation contributions provided for in clause 20.2 to another
superannuation fund that is the Employee’s stapled superannuation fund or
superannuation fund chosen by the Employee, the Employer will make the
superannuation contributions provided for in clause 20.2 and pay the amount
authorised under clauses 20.1(a) and (b) to Spirit Super or its successor
20.5 Superannuation fund - salary sacrificing
(a)
If an Employee does not have a stapled Complying Superannuation Fund, the
Employee may elect any Complying Superannuation Fund into which the Employer
will contribute salary sacrifice superannuation contributions determined under
clause 18 of this Agreement. Provided that an Employee will not be entitled to elect
a different superannuation fund from that nominated for purposes of legislated
compulsory Employer superannuation contributions. Further, any change notified by
an Employee of their nominated Complying Superannuation Fund for purposes of
legislated compulsory Employer superannuation contributions will be deemed to
also apply to future salary sacrifice contributions made for that Employee under this
Agreement.
(b)
Where an Employee nominates that Employer superannuation contributions made
on his or her behalf are to be directed to the Employer’s superannuation fund
administered by IOOF, and that Employee salary sacrifices into that fund an
additional amount equal to 5.5%’ net of tax’ (i.e. in addition to the Employer
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contribution), the School will contribute an additional 1% over any legislated
minimum Employer contribution. Provided that, any tax benefit accrued by the
Employee as a result of the salary sacrifice will also be directed to that fund as
superannuation.
(c)
For the purpose of salary sacrificing, Employees are entitled to change funds once in
any 12-month period.
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Part 5 - Hours of Work and Related Matters
21. Ordinary Hours of Work
21.1 This clause of the Agreement provides for industry specific detail and supplements the NES
that
deals with maximum weekly hours.
21.2 Notwithstanding the NES, and due to the operational requirements of Employers in
the industry,
the ordinary hours of an Employee under this Agreement may be averaged over a 12-month
period.
21.3
Minimum attendance hours
(a)
A full-time Employee will be required to be in attendance for a minimum of 35 hours
per week during term time.
(b)
A part-time Employee is required to be in attendance for a proportionate number of
hours, determined by reference to their FTE (i.e. 35 hours’ x the Employee’s FTE =
weekly required attendance hours).
21.4 Hours of contact time
(a)
The hours of contact time for full-time primary Teachers is 22 hours per week, which
includes regularly timetabled periods of pastoral care.
(b)
The hours of contact time for full-time secondary Teachers and full-time specialist
Teachers is 20 hours per week, which includes regularly timetabled periods of
pastoral care.
(c)
No more than six (6) hours of timetabled lessons will be scheduled for any Teacher
on any one day.
21.5 Contact time
Contact time means:
(a)
Regularly timetabled periods for the delivery of the formal curriculum, including
regularly timetabled sport and recreation in the Primary School; and
(b)
Regularly timetabled pastoral care periods where things such as absenteeism are
checked, School information distributed and student pastoral care provided.
21.6 Other duties
Other duties include:
(a)
Playground (buildings and grounds) duties, attendance at Assemblies and
Gatherings, tutorials for students and supervisory duties, including supervision
for absent Teachers, except where these are negotiated as part of an Employee’s
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contract of employment. Such additional duties will not exceed an average of
three (3) hours per week.
(b)
Co-curricular duties after School hours and at weekends normally held during
term time. Such duties will normally be 40 hours per year.
(c)
Provided that for this clause, additional duties that are voluntarily undertaken by
Employees and are not approved variations of their regular timetable, do not
form part of the contact time.
21.7 Other duties and minimum breaks
(a)
This clause deals specifically with “other duties” undertaken during the School’s
recess or lunchtime periods.
(b)
For the purpose of calculating an Employee’s total ordinary hours of work, in
accordance with this clause, other duties will be counted as work time.
(c)
Provided that other duties will not be counted as work time, or work, in respect of
clause 22 of the Agreement. For clarity, the School’s recess or lunchtime periods will
be considered unpaid meal breaks irrespective of any other duties undertaken
during such breaks.
21.8 The maximum number of days
The maximum number of days that the Employee will be required to attend during term
weeks and non-term weeks will be 205 in each School year.
21.9 Published school term dates
The Employer has published a calendar that sets the number of scheduled teaching days
out of the total attendance days for each school year that falls during the life of this
Agreement as follows:
(a) 2024, 187 days
(b)
2025, 189 days maximum (Department of Education has not finalised its teaching
calendar for 2025)
(c)
2026, 189 days maximum (Department of Education has not finalised its teaching
calendar for 2026)
Once the Department of Education releases its calendar for 2025 and 2026, teaching staff
at The Friends’ School will be informed of the specific number of teaching days they will be
in attendance.
21.10 Professional learning days
In accordance with clause 35 the Employer will provide up to six (6) Professional Learning (PL)
Days each year.
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21.11 Calculating the attendance days
The following circumstances are not included when calculating the 205 Employee
attendance days:
(a)
Co-curricular activities that are conducted on the weekend;
(b)
School-related overseas and interstate trips, conferences and similar activities that
are undertaken by mutual consent during non-term weeks;
(c)
When the Employee appointed to a leadership position is performing duties in non-
term weeks that are directly associated with the leadership position;
(d)
When the Employee has boarding house responsibilities and the Employee is
performing those duties during term weeks and non-term weeks;
(e)
Exceptional circumstances, such as the requirement to provide pastoral care to
students in the event of a tragedy in the School community, in which an Employee is
recalled to perform duties relating to their position; and
(f)
The Employer will provide written notice of the term weeks and days in non-term
times on which the Employees are required to attend, six (6) months in advance of
the requirement to participate in.
22. Breaks
(a)
An Employee is entitled to an unpaid meal break of 30 consecutive minutes no
later than five hours after commencing work.
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Part 6 – Leave and Public Holidays
23. Annual Leave
23.1
Amount of leave
(a)
Annual leave is provided for in the NES. This clause of the Agreement provides industry
specific details and supplements the NES provisions that deal with annual leave.
(b)
Part-time and full-time Employees covered by this Agreement who work a full School
year are entitled to four (4) weeks’ annual leave, to be taken during and in conjunction
with, paid non-term weeks.
(c)
Annual leave will be taken as it accrues and will be taken on that basis throughout each
calendar year during the life of this Agreement.
(d)
The annual salary and any applicable allowances payable under this Agreement are
paid in full satisfaction of an Employee’s entitlements for the School year or a
proportion of the School year. The Employee’s absence from School during non-term
weeks is deemed to include their entitlement to annual leave.
23.2 Pro rata payment of salary inclusive of annual leave
This clause of the Agreement provides industry specific detail and incorporates the
NES entitlements specific to annual leave.
The provisions of this clause will apply:
(a)
in the calculation of payment of pro rata salary where an Employee’s employment
ceases; or
(b)
in the calculation of payment regarding pro rata salary if:
(i)
an Employee commenced employment after the School service date;
(ii)
an Employee has taken leave without pay of more than two-(2) term weeks
since the School service date; or
(iii)
the hours which an Employee has worked at School have varied since the
School service date.
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23.2
Calculation of Payments now in a table
P = S X C - D
B
P
is the payment due
S
is the total salary paid for term weeks, or part thereof, from the
School service date or the date the employment commenced in
circumstances where the Employee started after the expected date
of commencement for the School year
B
is the number of term weeks, or part thereof, in the School year
C
is the number of non-term weeks, or part thereof, in the School year
D
is the salary paid in respect of non-term weeks, or part thereof, that
have occurred since the School service date or date of employment
in circumstances where the Employer has employed the Employee
since the School service date
23.4 For the purpose of this clause:
(a)
School service date means the date from which Employees are paid at the
commencement of the School year in their first year of service with the Employer;
and
(b)
Employee means an Employee other than a casual Employee.
23.5 Formula
(a)
The formula in clause 23.3 is intended to be used to calculate the pro-rata salary
inclusive of annual leave owing to an Employee in respect of the School year in which
the formula is applied.
23.6 Termination of employment
(a)
An Employee will be entitled on termination of employment to a payment calculated
in accordance with this clause.
23.7 Employees who commence employment after the commencement of the School year
(a)
An Employee who commences employment after the expected date of
commencement at the School in any School year will be paid from the date the
Employee commences. This is on the proviso that at the end of the previous School
term or final semester in that year, the Employee will be paid an amount calculated
according to clause 23.3.
(i)
The Employee will receive no salary or other payment other than the
payment under clause 23.3 until the School service date or the resumption
of Term 1 or first semester in the following School year.
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23.8 Employees who take Approved Leave Without Pay
Where an Employee takes leave without pay with the approval of the Employer for a
period which (in total) exceeds more than two (2) term weeks in any year, the Employee
will be paid a salary calculated in accordance with the following:
(a)
if the leave without pay commences and concludes in the same School year, the
payment will be calculated and made after the last School term or final semester in
that year; and
(b)
if the leave without pay is to conclude in a School year following the School year in
which the leave commenced:
(i)
at the commencement of the leave, a payment will be calculated and made
in respect of the School year in which the leave commences; or
(ii)
at the end of the last School term or final semester in that year the leave
concludes, payment will be calculated and made in respect of that School
year.
(c)
If the Employee returns early from leave any payment under clause 23.8(b)(i) will be
taken into account in calculating the amount owed to the Employee at the end of
the last School term or final semester in that year.
24. Personal/ Carer’ s Leave
(a)
Personal/carer’s leave is provided for in the NES, with the following additional
entitlements.
(b)
Full-time and part-time permanent Employees commencing employment with the
Employer on/or after 1 January 2015 will receive an initial 20 days’ personal leave credit
upon commencement in addition to their NES entitlements.
(c)
This entitlement will be made on a pro-rata basis for part-time Employee based on their
fractional appointment at the time of their commencement.
25. Compassionate Leave
(a)
Compassionate leave is provided for in the NES.
(b)
In addition to the NES entitlements (2 days per occasion), an Employee will be entitled
to a further 3 days of compassionate leave on each occasion in which a member of the
Employee’s immediate family dies.
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26. Community Service Leave
Community service leave is provided for in the NES.
27. Public Holidays
Public holidays are provided for in the NES.
28. Parental Leave
Employees are entitled to Parental Leave, and related entitlements, as set out in
Appendix 1 of this Agreement.
29. Renewal Leave
29.1 Philosophy
(a)
The parties to this Agreement recognise that the quality of teaching and students’
educational outcomes may be improved by Employees’ experiences outside the School
environment, including - further education, professional experience, alternative
employment in industry, opportunities to cope with personal or family demands and
leisure activities.
29.2
Eligibility
(a)
An Employee with at least two (2) years’ continuous service, other than a temporary,
fixed-term, casual or relief Employee, may apply to the Employer for approval to
participate in Renewal Leave.
29.3 Payment
(a) If participation
in Renewal Leave is approved, the annual salary payable to the Employee
will be 80% of the appropriate salary and responsibility allowance, where applicable and
is pursuant to clauses 16.1, 17.1 and 19 of this Agreement that would apply to the
Employee during their participation in the Renewal Leave.
(b)
After four (4) years of continuous participation in Renewal Leave on the rate prescribed
by clause 29.3 (a), the Employee is entitled to the 5
th
year as Renewal Leave.
(c)
While on Renewal Leave the Employee will be paid the rate prescribed by clause 29.3(a)
unless otherwise agreed in writing, payment will be in accordance with normal payment
of salary procedures.
(d)
Any other payment calculated by reference to the Employee’s salary and payable on
either termination of employment, in respect of untaken paid leave, or on death,
will be paid at the rate of pay that would have otherwise been applicable to the
Employee under this Agreement, if they had not elected to participate in Renewal
leave.
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(e)
An amount equal to the Employee’s deferred salary, as determined by clause 29.3(a) of
this Agreement, will be paid to an Employee who has elected to participate in Renewal
leave for each year, or part thereof, since they commenced in Renewal leave if an
Employee:
(i)
dies; or
(ii)
terminates their employment; or
(iii)
is terminated by the Employer; or
(iv)
ceases to participate in Renewal leave, according to clause 28(d)(i) of this
clause; or
(v)
takes a shorter period of renewal leave, according to clause 28(d)(ii) of this
clause.
29.4 Other Conditions:
(a)
Once an application to participate in Renewal leave has been approved, withdrawal
from this will be mutually agreed, in writing.
(b)
Renewal leave taken pursuant to clause 29.3(b) will be taken as a whole School
year, commencing at the beginning of the School year, unless otherwise mutually
agreed in writing. The Principal will at their discretion consider requests for renewal
leave of shorter periods than a year, for example, semester blocks.
(c)
If an Employee has either taken their renewal leave or a shorter period of renewal
leave, as agreed pursuant to clause 29.4 (b), or withdrawn from Renewal leave,
pursuant to clause 29.4 (a), and again wishes to participate in Renewal leave, a
fresh application will be made.
(d)
The parties agree that the efficient operation of the School will be a consideration
in the requesting and approval of leave under Renewal leave.
29.5
Renewal Leave and Long Service Leave
(a)
An Employee on renewal leave who is entitled to long service leave, pursuant to
the relevant long service leave legislation, can, if mutually agreed, take their long
service leave immediately before or immediately after their renewal leave.
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(b)
If an Employee takes long service leave immediately before or immediately after
renewal leave, only the period of long service leave will count as service for the
purposes of other entitlements under this Agreement, the Award or the NES;
(c)
If an Employee participating in Renewal leave takes long service leave during their
first 4 years in the scheme, they can elect to -
i)
take long service leave at their salary rate prescribed by sub-clause 29.1(a); or
ii) take long service leave at their appropriate salary as prescribed by clause
16.1 of this Agreement.
(d)
If an Employee makes an election pursuant to clause 29.5(c)(i) progression
towards the qualification of the renewal year is suspended for the period of long
service leave.
30. Family and Domestic Violence Leave
30.1 Entitlement
(a)
Employees are entitled to 15 days paid family and domestic violence leave per annum
or otherwise in accordance with the NES.
30.2 General Principles
(a)
The Employer recognises that Employees sometimes face situations of violence or
abuse in their personal life that may affect their attendance or performance at work.
The Employer is committed to providing support to staff that experience family and
domestic violence. Understanding the traumatic nature of family and domestic
violence the Employer will support their Employees if they have difficulties
performing tasks at work. No detrimental action will be taken against an Employee on
the basis that they have accessed Family and Domestic Violence Leave.
30.3
Definition of Family and Domestic Violence
(a)
For this clause, family and domestic violence are defined as any violent, threatening
or other abusive behaviour by a person against a member of the person’s family or
household (current or former). To avoid doubt, this definition includes conduct or
actions that:
(i)
are physically or sexually abusive; or
(ii)
are emotionally or psychologically abusive; or
(iii)
are economically abusive; or
(iv)
are threatening; or
(v)
are coercive; or
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Page 42
(vi)
in any other way controls or dominates the family or household member and
causes that person to feel fear for their safety or wellbeing or that of another
person; or
(b)
causes a child to hear or witness, or otherwise be exposed to the effects of, such behaviour.
30.4 Family and Domestic Violence Leave
(a)
A permanent Employee, experiencing family and domestic violence is entitled to
fifteen (15) non-accruing days per year of paid family and domestic violence leave
for the purpose of:
(i) attending legal proceedings, counselling, appointments with a medical or
legal practitioner; or
(ii)
relocation or making other safety arrangements; or
(iii)
other activities associated with the experience of family and domestic
violence.
(b)
This leave will be in addition to existing leave entitlements, may be taken as
consecutive or single days or as a fraction of a day, and can be taken without prior
approval in emergency situations.
30.5
Notice and Evidentiary Requirements
(a)
The Employee will give the Employer notice as soon as reasonably
practicable of their request to take leave under this clause.
(b)
If required by the Employer, the Employee will provide evidence that would
satisfy a reasonable person that the leave is for the purpose as set out in
clause 30.3(a). Such evidence may include a document issued by the police
service, a court, a doctor (including a medical certificate), district nurse,
maternal and child health care nurse, a family violence support service, a
lawyer or a statutory declaration.
(c)
The Employer will take all reasonable measures to ensure that any personal
information provided by the Employee concerning an Employee’s
experience of family and domestic violence is kept confidential. The
Employer will consider the Employee’s wishes concerning the confidential
storage of personal information in relation to this clause.
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30.6
Individual Support
(a)
To provide support to an Employee experiencing family and domestic violence
and to provide a safe work environment to all Employees, the Employer will
consider a reasonable request, from an Employee experiencing family and
domestic violence for:
(i)
temporary changes to their span of hours or pattern or hours and/or shift
patterns subject to operational requirements; or
(ii)
a change to their telephone number or email address to avoid
harassing contact; or
(iii)
any other reasonable measure including those available under existing
provisions for family friendly and flexible work arrangements.
(b)
Accommodating Employees who are subject to family and domestic violence may have
an impact on the normal operational requirements of the Employer. In the event of
such an occurrence, the Employer will negotiate with affected Employees to achieve
safe and workable outcomes.
(c)
Any change under clause 30.6 will only apply for the period that the Employee
reasonably requires the change as a result of experiencing family or domestic violence.
The Employee will return to their substantive role, or other employment arrangement
at the end of the period. An Employee that discloses that they are experiencing family
and domestic violence will be given information in relation to external support
services/agencies, referral services and other local resources.
31. Leave without pay
(a)
Approval for leave without pay is at the sole discretion of the Employer. An Employee
may be granted unpaid leave at such a time, period and purpose as may, in the opinion
of the Employer, be convenient to the School.
(b)
Except in the case of an emergency all applications for leave without pay will be
made in writing to the Employer at least 12 weeks before such leave is required.
However, in case of an emergency, the Employer may waive this notice.
32. Aboriginal and Torres Strait Islander Cultural Leave
A full-time Employee (other than a casual Employee) of Aboriginal or Torres Strait
Islander descent is entitled to three (3) days’ paid leave per school year (non-
cumulative) for the purpose of attending Aboriginal or Torres Strait Islander cultural and
ceremonial events.
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Page 44
Part 7 - Other Conditions of Employment
33. Early Learning
The Employer will continue to support School staff to access the Friends’ Early Learning
Centre where appropriate room vacancies exist to meet the early learning access needs
of the Employee.
34. Part-Time Teachers Attendance Non- Teaching Activities
34.1
Attendance at Professional Learning/Staff Days
(a)
A part-time Employee is required to attend Professional Learning/Staff Days (PL) in
proportion to their fractional appointment. For example, a 0.5 Teacher would be
required to attend 0.5 of the total PL days each year; provided that, the first PL day of
the year is attended and relevant sections of the 2 subsequent PL days are attended.
(b)
If a part-time Employee is unable to attend the first PL Day for legitimate and
compelling reasons, e.g. - other employment obligations, a Teacher will provide written
notification to their Head of Campus, explaining their inability to attend, at least 1
week before the first PL day.
(c)
If a part-time Employee is required to attend a PL day that is not one of the first 3 PL
days on a day that is not a normal working day, for that Employee, they will be paid for
that attendance.
34.2
Attendance at meetings
(a)
A part-time Employee is not normally required to attend a meeting, if the meeting is
held on a day that is not, for that Employee, a normal working day.
(b)
If a part-time Employee is required to attend a meeting on a day that is not, for that
Employee, a normal working day, they will be paid for that attendance.
35. Professional Learning / Planning Days
(a) Full-time Employees will complete an average of ten (10) Professional Learning/Staff Days (PL)
days per year over a three (3) year period. The Employer will provide up to six (6) of the ten
(10) PL days per year.
(b) The Employer will implement a School calendar that allows some PL Days to be carried out in
School time with the balance to be carried out on days when Employees are not required to
attend School. Provided that, PL Days that need to be taken outside School time.PL days will be
limited to ensure that Employees do not exceed the 205 maximum attendance days detailed in
clause 21 of this Agreement.
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Page 45
36. Union Training Leave
(a) Employee/s who are appointed by the Independent Education Union (IEU) as a union
representative will be entitled to unpaid leave of up to five (5) days per year to attend union
training courses. Such leave will require prior approval by the Employer. The Employer will
not unreasonably withhold their consent. When considering whether to approve the leave or
not the Employer will take into account the notice provided by the Employee and the ability
to source appropriate replacement Employee/s to perform the work usually performed by the
Employee/s taking the leave.
(b)
A total of two days paid leave will be provided for IEU union training courses per school year.
These two (2) days will be shared between all union representatives appointed by the
Independent Education Union to attend union training courses.
Part
8 -
Signatures
The
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The Friends’ School (Teachers) Enterprise Agreement 2024
Page 47
Appendix 1 – Parental Leave
General
1. Definitions
2. Eligibility
3. Period of leave
4. Paid parental leave
5. Interaction with paid leave
6. Miscarriage, still birth, child dies (birth-related leave)
7. Special maternity leave
8. Cancellation of placement, child dies (adoption-related leave)
Before Leave
9. Notice and evidence
10. Pre-adoption leave
11. Special maternity leave
12. Leave within 6 weeks of birth
13. Transfer to safe job and no safe job leave
During Leave
14. Communication during parental leave
15. Paid work during parental leave
16. Employee ceases care of child
17. Replacement Employees
18. Subsequent pregnancy or adoptions during leave
Returning to Work
19. Changing the end date of leave
20. Return to work guarantee
21. Notice of return to work
22. Return to work part-time
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Page 48
General
1.
Definitions
(a)
Continuous Service means an unbroken work pattern of regular and systematic
hours for the immediate twelve (12) month period before the expected birth
date of the child, or the expected date of placement of a child. For a casual
Employee, it would also be subject to the Employer’s expectation that the
pattern of work on a regular and systematic basis, would have continued if the
birth or adoption had not happened.
(b)
Adoption-related leave means leave of either of the following kinds:
(i)
parental leave taken in association with the placement of a child for
adoption; and
(ii)
pre-adoption leave.
(c)
Birth-related leave means leave of either of the following kinds:
(i)
parental leave taken in association with the birth of a child; and
(ii)
special maternity leave.
(d)
Day of placement, in relation to the adoption of a child by an Employee, means
the earlier of the following:
(i)
the day on which the Employee first takes custody of the child for the
adoption; and
(ii)
the day on which the Employee starts any travel that is reasonably
necessary to take custody of the child for the adoption.
(e)
Pre-parental leave position in relation to an Employee is:
(i)
unless sub-clause (ii) applies, the position the Employee held before starting
parental leave; or
(ii)
if, before starting parental leave, the Employee:
a.
was transferred to a safe job because of her pregnancy;
b.
reduced her working hours due to her pregnancy; or
c.
was working under a temporary part-time working arrangement,
(iii)
the position the Employee held immediately before that transfer, reduction
or temporary arrangement.
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Page 49
(f)
Spouse is a husband or wife of the Employee.
(g)
De facto partner is a person who lives with the Employee in a relationship as a
couple on a genuine domestic basis but is not married to the Employee. The
person can be of the same sex or different sex to the Employee, or a current or
former de facto partner of the Employee.
(h)
Concurrent Leave is defined for parents who are married or in a de facto
relationship who can take up to eight (8) weeks unpaid parental leave at the
same time.
2.
Eligibility
(a)
An Employee is entitled to parental leave under this Section where the Employee
has completed twelve (12) months of continuous service with the Employer
immediately before the relevant date and the leave is associated with:
(i)
the birth, or expected date of birth, of a child of the Employee, or the
Employee’s spouse or de facto partner; or
(ii)
the placement of a child with the Employee for adoption; and
(b)
The Employee has or will have a responsibility for the care of the child.
2.1
Additional rules for adoption-related leave
(a)
An Employee is not entitled to adoption-related leave unless the child that
is placed with the Employee for adoption:
(i)
is, or will be, under sixteen (16) years of age as at the day of placement or
the expected date of placement;
(ii)
has not lived continuously with the Employee for a period of six (6) months
or more as at the day of placement or proposed day of placement; and
(iii)
is not (otherwise than because of the adoption) a child of the Employee or
the Employee’s spouse or de facto partner.
2.2
Care of a child under a Permanent Care Program
(a) This clause applies to an Employee who undertakes the care of a child through a
placement under a Permanent Care Program (through the Department of Health and
Human Services). This means that the Employee may be eligible for pre- adoption
leave, unpaid parental leave and paid parental leave in relation to the child. The
additional rules for adoption-related leave in Clause 2.1(a)(ii) and (iii) apply to the
placement of a child under a Permanent Care Program.
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3.
Period of leave
3.1 Entitlement to leave
(a)
Subject to paragraph 2(b), an Employee is entitled to up to twelve (12) months of
parental leave. This is referred to as the ‘available parental leave period’.
(b)
An Employee who takes their available parental leave may request an
extension of parental leave for a further period of up to twelve (12) months,
immediately following the end of the available parental leave period. The
request must be in writing and given to the Employer at least four (4) weeks
before the end of the available parental leave period.
(c)
Save for any periods of paid leave under clauses 4 and 5, the parental leave is
unpaid.
(d)
The maximum entitlement of leave includes the following periods taken by the
Employee:
(i)
unpaid parental leave;
(ii)
paid parental leave (clause 4);
(iii)
paid leave taken in conjunction with parental leave (clause 5);
(iv)
if applicable, required leave (clause 11);
(v)
paid work with an Employer during the period of parental leave (clause 14);
and
(vi)
keeping in touch days (clause 14).
(e)
An Employee's entitlement is further reduced by any parental leave (with the
exception of concurrent leave) taken by the Employee's spouse or de facto in
relation to the child.
(f)
Where return to work would typically occur before the end of a school year, by
mutual agreement the period of leave may be extended to the beginning of the
new school year.
(g)
The maximum entitlement of leave does not include the following periods taken
by the Employee:
(i)
special maternity leave (whether or not this is taken as paid personal leave)
taken by the Employee while she is pregnant in accordance with clause 7;
and
(ii)
paid no safe job leave taken in accordance with clause 12.
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3.2
Leave must be taken in a single continuous period
(a) The Employee must take parental leave in a single continuous period. The exceptions
to this rule are concurrent leave, special maternity leave, required leave, no safe job
leave, paid work with an Employer and keeping in touch days.
3.3
When birth-related leave must start for pregnant Employee
(a)
If the leave is birth-related leave for an Employee who is pregnant with the child,
the period of leave may start:
(i)
at any time within six (6) weeks before the expected date of birth of the
child; or
(ii)
earlier, if the Employer and Employee so agree;
(b)
But must not start later than the date of birth of the child.
3.4 When birth-related leave must start for other Employees
(a)
If the leave is birth-related leave but the Employee is not pregnant with the
child, the period of leave must start:
(i)
on the date of birth of the child; or
(ii)
at any time within twelve (12) months after the date of birth of the child, if
the Employee has a spouse or de facto who:
a.
is on parental leave between the date of birth of the child and the
start date of the leave; or
b.
is not employed and who has a responsibility for the care of the child
for the period between the date of birth of the child and the start
date of the leave.
3.5
When adoption-related leave must start
(a)
If the leave is adoption-related leave, the period of leave must start:
(i)
on the day of placement of the child; or
(ii)
at any time within twelve (12) months after the day of placement of the
child, if the Employee has a spouse or de facto who:
a.
is on parental leave between the day of placement of the child and
the start date of the leave; or
b.
is not employed and who has a responsibility for the care of the child
for the period between the day of placement of the child and the
start date of the leave.
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(b)
An Employee may take up to eight (8) weeks of parental leave at the same time
that the Employee's spouse or de facto also takes parental leave (concurrent
leave). The concurrent leave may be taken in separate periods, but, unless the
Employer agrees, each period must not be shorter than two (2) weeks.
(c)
Concurrent leave must not start before:
(i)
if the leave is birth-related leave – the date of birth of the child;
(ii)
if the leave is adoption-related leave – the day of placement of the child; or
(iii)
later than this date, but has to be within 12 months of the birth or
placement of the child.
(d)
Concurrent leave is an exception to the rules about when the Employee’s period
of parental leave must start and the rule that the Employee must take leave in a
single continuous period.
3.6
Continuous service
(a) The period of unpaid parental leave does not break the Employee's continuous
service but it does not count as service.
4.
Paid parental leave
(a)
Paid parental leave is paid maternity leave, paid adoption leave or paid partner
leave.
4.1
Eligibility for paid parental leave
(a)
Subject to clause 4.1(b), an Employee who is eligible for a period of parental
leave will also be eligible for a period of paid parental leave.
(b)
An Employee who has previously taken a period of paid parental leave must have
returned to work for the Employer for twelve months’ continuous service.
4.2
Paid maternity leave
(a) If the leave is birth-related leave and the Employee is the female who has given birth
to the child, the Employee is entitled to paid maternity leave of sixteen (16) weeks.
4.3
Paid adoption leave
(a)
If the leave is adoption-related leave and the Employee does not have a
spouse or de facto who is employed by an Employer, the Employee is entitled
to paid adoption leave of sixteen (16) weeks.
(b)
If the leave is adoption-related leave and the Employee has a spouse or de facto
who is employed by the Employer, the Employee and the Employee's spouse or de
facto are entitled to an aggregate of sixteen (16) weeks of paid primary carer’s
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leave and the Employees spouse or de facto may take three (3) weeks of adoption
leave as the secondary carer between them. For example, the first Employee may
take ten (10) weeks of paid adoption leave and the first Employee's spouse or de
facto may take six (6) weeks of paid adoption leave.
4.4
Paid partner leave
(a) If the leave is birth-related leave and the Employee's spouse or de facto has given
birth to the child, the Employee is entitled to paid partner leave of three (3) weeks.
4.5 Rate of pay
(a)
Paid parental leave is paid at the Employee's ordinary rate of pay for the
Employee's ordinary hours of work for the pre-parental leave position.
(b)
Provision may be made for half pay over double the time provided that the
accrual of benefits is equivalent to what would have accrued if the Employee had
been paid at their full rate for the paid period of leave and it is for a continuous
period.
4.6 The period of paid parental leave
(a) The period of paid parental leave commences when the Employee commences
unpaid parental leave in accordance with clause 3.5 save that for birth-related leave a
period of paid parental leave cannot commence earlier than twenty weeks into the
pregnancy.
4.7 Paid parental leave counts as service
(a) A period of paid parental leave counts as service.
5.
Interaction with paid leave
(a)
An Employee taking parental leave may take only one form of paid leave at a
time. For example, an Employee cannot take paid parental leave while receiving
school holiday pay for the same period. The period of paid parental leave would
cease over the school holiday period for which the Employee receives school
holiday pay and resume after that period.
5.1 Annual leave and long service leave
(a) An Employee may instead of or in conjunction with parental leave take any annual
leave or long service leave (or any part of such leave) to which the Employee is
entitled.
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5.2 Personal/ carers’ leave and compassionate leave
(a) An Employee is not entitled to take paid personal/carers’ leave or compassionate
leave while the Employee is taking parental leave (with the exceptions of personal
leave taken during a period of special maternity leave or personal leave taken during
a period of long service leave as permitted by the long service leave provisions in this
Agreement).
5.3 Community services leave
(a) An Employee is not entitled to any payment for community services leave in relation
to activities the Employee engages in while taking parental leave.
5.4 Paid leave does not extend parental leave
(a) The taking of any annual leave, long service leave, paid school holidays or paid public
holidays does not break the continuity of the period of parental leave and does not
extend the period of parental leave beyond the maximum of twenty- four (24)
months, subject to clause 3.4.
6.
Miscarriage, still birth, child dies (birth- related leave)
This clause 6 applies to birth-related leave only.
6.1 Female pregnant beyond twenty (20) weeks or already commenced leave
(a)
Clauses 6.1(b) applies to a female Employee:
(i)
whose pregnancy has proceeded for at least twenty (20) weeks; or
(ii)
who has been pregnant for less than twenty (20) weeks but has already
commenced parental leave (other than special maternity leave).
(b)
If the Employee on unpaid parental leave wishes to return to work prior to the
intended end date of the parental leave, the Employee must make a request to
do this in writing, outlining their request. The Employer must agree to this, and if
they do not then the Employee has to return to work on the planned date.
6.2 Female pregnant for less than 20 weeks and has not commenced leave
(a) This clause applies to a female Employee who has been pregnant for less than twenty
(20) weeks and who has not yet commenced parental leave (other than any special
maternity leave). If the pregnancy of the Employee ends by miscarriage or the birth
of a still born child, the Employee will be entitled to special maternity leave under
clause 7 and any other parental leave applied for will be cancelled.
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6.3 Employee has commenced leave and spouse or de facto has miscarriage, still birth, child
dies
(a)
Clauses 6.3(b) and (c) apply to an Employee who has commenced parental leave
and whose spouse or de facto has been pregnant.
(b)
If the pregnancy of the Employee’s spouse or de facto ends by miscarriage or the
birth of a still born child, or if the child is born and later dies, the Employee is
entitled to take the full amount of parental leave (including any paid parental
leave to which the Employee is entitled) that the Employee originally intended to
take.
(c)
If the Employee wishes to return to work prior to the intended end date of the
parental leave, the Employee must give written notice of their intention to the
Employer. The Employer must advise the Employee of the return to work date,
which must be no later than the start of the next school term after the date of
notice given.
6.4 Employee has not commenced leave and spouse or de facto has miscarriage, still birth or
child
dies
(a) This clause applies to an Employee who has applied for but not commenced parental
leave and whose spouse or de facto has been pregnant. If the pregnancy of the
Employee’s spouse or de facto ends by miscarriage or the birth of a still born child, or
if the child is born and later dies, the parental leave applied for but not commenced
will be cancelled. Depending on the circumstances, the Employee may be entitled to
take personal leave. See also clause 6.5(a).
6.5 Other arrangements
(a) Nothing in this clause 6 prevents the Employer and the Employee from making
alternative arrangements regarding the taking of leave or the return to work of the
Employee, taking into consideration the Employee’s particular circumstances.
7.
Special maternity leave
7.1 Entitlement to special maternity leave
(a)
A female Employee is entitled to a period of unpaid special maternity leave if she
is not fit for work for a period because:
(b)
She has a pregnancy-related illness; or
(c)
Her pregnancy ends after 12 weeks because of a miscarriage, termination or
stillbirth.
7.2 Notice and evidence
(a)
An Employee must give her Employer notice of the taking of special maternity
leave. The notice must be given to the Employer as soon as practicable and must
advise the Employer of the duration, or expected duration, of the leave.
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(b)
The notice must be accompanied by a medical certificate stating that the leave is
taken for one of the reasons specified in clause 7.1.
(c)
If an Employee takes special maternity leave because of a pregnancy-related
illness, the leave will end when the pregnancy or illness ends, whichever is
earlier. If she takes leave because of miscarriage, termination or still birth it can
continue until she is fit for work.
(d)
Special maternity leave won’t reduce the amount of unpaid parental leave than
an Employee can take.
7.3 Personal leave
(a) An Employee entitled to a period of special maternity leave may elect to take any
paid personal leave to which she is entitled during that period (unless the leave is
commenced under clause 11). If the Employee does not have any accrued personal
leave or does not have sufficient accrued personal leave to cover the entire period,
then all or part of the period of special maternity leave will be unpaid.
8.
Cancellation of placement, child dies (adoption - related leave)
This clause 8 applies to adoption-related leave only.
8.1 Cancellation of placement for adoption before leave commences
(a) If an Employee has applied for but not commenced parental leave and the placement
of the child for adoption does not proceed, the parental leave will be cancelled.
8.2 Child dies or cancellation of placement for adoption after leave commences
(a)
If an Employee has commenced parental leave and either:
(i)
the placement of the child for adoption does not proceed; or
(ii)
the Employee has taken custody of the child for adoption and the child
later dies.
the Employee is entitled to take the full amount of parental leave (including any
paid parental leave to which the Employee is entitled) that the Employee
originally intended to take.
(b)
If the Employee wishes to return to work prior to the intended end date of the
parental leave, the Employee must give written notice of their intention to the
Employer. The Employer must advise the Employee of the return to work date,
which must be no later than the start of the next school term after the date of
notice given.
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8.3 Other arrangements
(a) Nothing in this clause 8 prevents the Employer and the Employee from making
alternative arrangements regarding the taking of leave or the return to work of the
Employee, taking into consideration the Employee’s particular circumstances.
9.
Before leave Notice and evidence requirements
9.1 Notice periods
(a)
An Employee must provide the Employer with written notice of the taking of
parental leave at least ten (10) weeks before the intended start date of the
leave, and two terms if possible. If that is not practicable in the circumstances,
the Employee must give written notice as soon as practicable.
(b)
An Employee shall not be in breach of clause 9.1(a) if the failure to provide ten
(10) Weeks’ notice is due to:
(i)
the birth occurring earlier than expected;
(ii)
the requirement of an adoption agency for the Employee to accept earlier
or later placement of the child;
(iii)
the death of the mother of the child with respect to birth-related leave;
(iv)
the death of the Employee’s spouse or de facto with respect to adoption-
related leave; or
(v)
other compelling circumstances.
(c)
The notice must specify the intended or presumed start date and end date of the
parental leave, and specify any parental leave to be taken by the Employee's
spouse or de facto.
(d)
The Employee shall notify the Employer as soon as reasonably practicable of any
change to the intended start date of the leave.
9.2
Evidence
(a)
The notice to the Employer in clause 9.1(a) must be accompanied by the following
evidence:
(i)
the leave is birth-related leave, a medical certificate confirming the pregnancy and
stating the expected date of birth of the child; or
(ii)
if the leave is adoption-related leave, evidence that would satisfy a reasonable
person of the expected day of placement of the child and that the child will be
under sixteen (16) as at the day of placement.
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9.3 Confirmation or change of intended start and end dates
(a)
At least four (4) weeks before the intended start date of the parental leave, the
Employee must:
(i)
confirm the intended start and end dates of the leave; or
(ii)
advise the Employer of any changes to the intended start and end dates of
the leave;
unless it is not practicable to do so.
9.4 Special rules for notice of a second or subsequent period of concurrent leave
(a)
If an Employee takes a second or subsequent period of concurrent leave:
(i)
Clauses 9.1(a), (c) and 9.3(a) do not apply to the Employee in relation to the
second and any subsequent period of concurrent leave;
(ii)
if the Employee has provided the evidence required by clause 9.2 of this
clause 9 in relation to the first period of concurrent leave, the Employee is
not required to provide additional evidence in relation to the second and
any subsequent period of concurrent leave; and
(iii)
the Employee must give the Employer written notice of the taking of the
second and any subsequent periods of concurrent leave at least four (4)
weeks before the intended start date of the leave. If that is not practicable
in the circumstances, the Employee must give written notice as soon as
practicable. The notice must specify the intended start date and end date of
the concurrent leave.
9.5 General
(a) Whilst an Employee is required to comply with the notice and evidence requirements
of this clause, the requirement is not a condition of eligibility for parental leave.
10.
Pre-adoption leave
10.1 Entitlement to pre-adoption leave
(a)
The Employer must grant to any Employee who is seeking to adopt a child unpaid
leave that is required by the Employee to attend any interviews or examinations
required to obtain approval for the Employee’s adoption of a child. The Employer
and the Employee should agree on the length of the unpaid leave. Where
agreement cannot be reached, the Employee is entitled to take up to two (2)
days unpaid leave. The leave may be taken as a single continuous period of up to
two (2) days or any separate periods to which the Employer and Employee agree.
If paid leave is available to the Employee, the Employee may elect to take such
leave instead of pre-adoption leave.
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10.2
Notice and evidence
(a)
An Employee must give his or her Employer notice of the taking of unpaid pre-
adoption leave by the Employee. The notice must be given to the Employer as
soon as practicable and must advise the Employer of the duration of the leave.
(b)
The notice must be accompanied by evidence that would satisfy a reasonable
person that the leave is taken to attend an interview or examination as referred
to in clause 10(a).
11.
Leave within 6 weeks of birth
11.1 Employer may ask Employee to provide a medical certificate
(a)
If a pregnant Employee who is entitled to parental leave continues to work
during the six (6) week period before the expected date of birth of the child, the
Employer may ask the Employee to provide a medical certificate containing:
(i)
a statement of whether the Employee is fit for work; and
(ii)
if the Employee is fit for work—a statement of whether it is inadvisable for
the Employee to continue in her present position during a stated period
because of:
a.
illness, or risks, arising out of the Employee’s pregnancy; or
b.
hazards connected with the position.
11.2 Employer may require Employee to take parental leave
(a)
The Employer may require the Employee to take a period of parental leave
(required leave) as soon as practicable if:
(i)
the Employee does not give the Employer the requested medical certificate
within seven (7) days after the request; or
(ii)
the Employee gives the Employer a medical certificate stating that
the Employee is not fit for work; or
(iii)
the Employee gives the Employer a medical certificate stating that she is fit for
work, but that it is inadvisable for her to continue in her present position for a
stated period because of illness or risks arising out of the Employee's pregnancy
or hazards connected with the position.
(b)
When the period of required leave ends
(i)
The period of required leave ends on the earlier of:
a.
the end of the pregnancy; or
b.
the start date of any parental leave or other leave connected with
the birth of the child as specified in the notice provided under
clause 8.
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(c)
Special rules about required leave
(i)
Required leave is an exception to the rules about when the Employee’s
period of parental leave must start and to the rule that the Employee must
take her parental leave in a single continuous period.
(d)
The Employee is not required to comply with notice and evidence requirements
in relation to the required leave.
12.
Transfer to a safe job and no safe job leave
12.1 Application of this clause
(a)
This clause applies to a pregnant Employee if she gives her Employer a medical
certificate stating that she is fit for work, but that it is inadvisable for her to
continue in her present position during a stated period (risk period) because of:
(i)
illness, or risks, arising out of her pregnancy; or
(ii)
hazards connected with that position.
(b)
An appropriate safe job is a safe job that has either the same ordinary hours of
work as the Employee’s present position or a different number of ordinary hours
agreed to by the Employee.
(c)
This clause applies to all Employees including permanent, casual and those that
are not eligible for unpaid parental leave.
12.2 Transfer to appropriate safe job during risk period
(a)
If clause 12.1(a) applies to an Employee and there is an appropriate safe job
available, the Employer must transfer the Employee to that job for the risk
period, with no other changes to the Employee’s entitlements. The Employee
and Employer can agree on different working hours.
(b)
The Employer must pay the Employee for the safe job at the Employee’s
ordinary rate of pay for the position she was in before the transfer. Any
overtime performed by the Employee during the risk period will be paid as
overtime on the Employee’s ordinary rate of pay.
(c)
The Employee will need to give the Employer evidence that:
(i)
they can work but cannot do their normal job (including why their normal
job is not safe) and
(ii)
how long they should not work in their normal job
The Employer can ask for this to be in a medical certificate.
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12.3 Paid no safe job leave during risk period
(a)
If clause 12.1(a) applies to an Employee and the Employee is entitled to
parental leave but there is no appropriate safe job available, the Employee is
entitled to take paid no safe job leave for the risk period.
(b)
The Employer must pay the Employee at the Employee’s base rate for ordinary
hours of work, applicable immediately prior to the taking of paid no safe job
leave in the risk period. For a casual, no safe job leave is paid at the base rate of
pay, not including the casual loading, for the average number of hours they
would have worked in the period they are on leave.
12.4 Employer may ask Employee to provide a medical certificate
(a) If an Employee is on paid no safe job leave during the six (6) week period before the
expected date of birth of the child, the Employer may ask the Employee to provide a
medical certificate stating whether the Employee is fit for work. If the circumstances
in clause 11(b) apply, the Employer may require the Employee to commence parental
leave.
12.5 Special rules about paid no safe job leave
(a)
Paid no safe job leave is an exception to the rules about when the Employee’s
period of parental leave must start and to the rule that the Employee must take
parental leave in a single continuous period.
(b)
The Employee is not required to comply with notice and evidence requirements
in relation to paid no safe job leave.
12.6 Unpaid no safe job leave during risk period
(a)
If clause 12.1(a) applies to an Employee but there is no appropriate safe job
available and:
(i)
the Employee is not entitled to parental leave; and
(ii)
the Employee has provided the Employer with a medical certificate confirming the
Employee’s pregnancy, then the Employee is entitled to take unpaid no safe job
leave for the risk period.
12.7 When the period of no safe job leave ends
(a)
The period of no safe job leave ends on the earlier of:
(i)
the end of the risk period;
(ii)
the end of the pregnancy; or
(iii)
if the leave is paid no safe job leave – the start date of any parental leave
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(including any leave commenced under clause 11) or other leave connected
with the birth of the child.
During Leave
13.
Communication during parental leave
13.1 Obligations of the Employer
(a)
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:
(i)
make information available in relation to any significant effect the change
will have on the status, responsibility level, pay or location of the Employee’s
pre-parental leave position; and
(ii)
provide an opportunity for the Employee to discuss any significant effect the
change will have on the status, responsibility level, pay or location of the
Employee’s pre-parental leave position.
13.2 Obligations of the Employee
(a)
While on unpaid parental leave, the Employee must:
(i)
take reasonable steps to inform the Employer about any significant matter
that will affect the Employee's decision regarding the duration of parental
leave, whether the Employee intends to return to work and whether the
Employee intends to request to return to work on a part-time basis; and
(ii)
notify the Employer of any changes of address or other contact details
which might affect the Employer's capacity to contact the Employee.
14.
Superannuation – Parental Leave
(a)
An Employee is entitled to have superannuation contributions made in respect of the
period of the Employee’s Parental leave for which they are the primary caregiver.
(b)
The quantum of superannuation contributions payable under this clause will be
calculated based on:
(i)
the number of weeks of the Employee’s Parental Leave for which they are
the primary caregiver, capped at:
•
28 weeks for an Employee entitled to paid maternity leave or
paid adoption leave;
•
15 weeks for an Employee entitled to paid partner leave; or
•
12 weeks for an Employee entitled only to unpaid Parental
Leave; and
(c)
where, in the event of the Employee returning to work for the Employer in any
capacity and at any fraction, other than employment as a Relief Teacher or other
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casual Employee, ceasing upon the date that the Employee returns to such
employment,
(d)
the Employee’s normal rate of pay for their pre-Parental Leave position (as defined
in Clause 1 of this Appendix); and
(e)
the applicable contribution rate under the applicable superannuation legislation for
the period to which the superannuation contribution relates.
15.
Paid work during parental leave
In this clause, the employer is the employer from whom the Employee is taking
parental leave.
15.1 Work with the Employer
(a)
If the Employer and the Employee agree, the Employee may be engaged to
perform relief or limited tenure work for the Employer during a period of
parental leave, without such work amounting to a return to work from parental
leave. The Employee is entitled to be paid the Employee's ordinary rate of pay
(minus any and all allowances) for the pre-parental leave position for any such
work. Such work counts as service for the purpose of leave accruals.
(b)
The Employee must not perform work for the Employer during any period for
which the Employee receives payment from the Employer (for example, paid
parental leave, long service leave and annual leave).
(c)
This clause is an exception to the rule that the Employee must take leave in a
single continuous period. Work with the Employer does not extend the period of
parental leave beyond the end date of the leave or the maximum period of one
hundred and four (104) weeks, subject to clause 2(b).
15.2 Keeping in touch days
(a)
An Employee may perform paid work for the Employer on a keeping in touch day
during a period of parental leave. Such a day is a keeping in touch day if:
(i)
the purpose of performing the work is to enable the Employee to keep in
touch with his or her employment in order to facilitate a return to work
after the end of the period of parental leave; and
(ii)
both the Employee and the Employer consent to the Employee performing
paid work for the Employer on that day; and
(iii)
the day is not within:
a. if the work is at the request of the Employee – fourteen (14)
days after the date of birth, or day of placement, of the child; or
b. otherwise – forty-two (42) days after the date of birth, or day of
placement, of the child; and
(iv)
the Employee has not already performed work for the Employer on ten (10)
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days during the period of leave that were keeping in touch days.
(b)
An Employee is entitled to be paid the Employee's ordinary rate of pay for
work performed on a keeping in touch day. Such work counts as service for the
purpose of leave accruals.
(c)
An Employee must not perform paid work on a keeping in touch day during any
period for which the Employee receives payment from the Employer (for
example, paid parental leave, long service leave and annual leave).
(d)
Work performed on a keeping in touch day does not break the continuity of the
period of parental leave and does not extend the period of parental leave
beyond the end date of the leave or the maximum period of one hundred and
four (104) weeks, subject to clause 2(b).
16.
Employee ceases care of child
(a)
If an Employee on parental leave ceases to have any responsibility for the care of
the child (other than in the circumstances of clause 6), the Employer may elect
to give the Employee written notice requiring the Employee to return to work no
earlier than eight (8) weeks after the date of the notice.
(b)
Nothing in this clause prevents the Employer and the Employee from making
alternative arrangements regarding the taking of leave or the return to work
of the Employee, taking into consideration the Employee’s particular
circumstances.
17.
Replacement Employees
(a)
Before an Employer engages an Employee to perform the work of another
Employee who is taking parental leave, the Employer must notify the
replacement Employee:
(i)
that the engagement to perform that work is temporary;
(ii)
of the rights the Employer and the Employee taking parental leave have to
cancel the leave if the pregnancy ends other than by the birth of a living
child or if the child dies after birth; and
(iii)
of the rights the Employee taking parental leave has to end the leave early if
the pregnancy ends other than by the birth of a living child or if the child
dies after birth; and
(iv)
of the right of the Employee taking parental leave to return to the
Employee's pre-parental leave position at the end of the leave; and
(v)
of the right of the Employer to require the Employee taking parental leave
to return to work if the Employee ceases to have any responsibility for the
care of the child.
(b)
Before an Employer temporarily promotes or transfers an Employee to replace
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an Employee taking parental leave, the Employer shall inform that person of the
temporary nature of the promotion or transfer and the rights of the Employee
who is being replaced.
(c)
Nothing in this clause requires an Employer to engage a replacement Employee.
18.
Subsequent pregnancy or adoption during leave
(a)
If an Employee is on parental leave and either:
(i)
the Employee or the Employee’s spouse or de facto gives birth to
another child; or
(ii)
another child is placed with the Employee for adoption, and the Employee
has responsibility for the care of the child, the Employee will be entitled to a
subsequent period of unpaid parental leave.
(b)
The subsequent period of parental leave is a separate period of leave of up to
twenty-four (24) months in total. The subsequent period of parental leave
commences on the date of birth or day of placement of the child.
(c)
The Employee shall comply with the notice and evidence requirements under
clause 9 in relation to the subsequent period of parental leave. The Employee is
not required to return to work to be eligible for the subsequent period of
parental leave, but will only be eligible for paid parental leave if they satisfy the
requirements in clause 4.1(a) and (b).
Returning to Work
19.
Changing the end date of leave
19.1 First extension by giving notice to Employer
(a)
An Employee on parental leave may extend the period of parental leave once by
giving the Employer written notice of the extension. Notice must be given as
early as possible (one term where possible, but not less than ten (10) weeks)
before the end date of the original leave period. The notice must specify the new
end date for the leave. The total period of parental leave including the extension
(and including any parental leave taken by the Employee's spouse or de facto
save for concurrent leave) must be no more than twenty-four (24) months
(unless clause 2(b) applies and the leave is extended to allow a return to work at
the start of a school year).
19.2 Further extensions by agreement with Employer
(a) If the Employer agrees, the Employee may further extend the period of parental leave
one or more times.
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19.3 Reducing the period of parental leave by agreement with Employer
(a) During the period of parental leave an Employee shall be entitled to return to work at
any time, as agreed between the Employer and the Employee. No notice period is
required if there is an agreement between the Employee and Employer.
20.
Return to work guarantee
(a)
On ending parental leave (including any special maternity leave), an Employee is
entitled to return to:
(i)
the Employee’s pre-parental leave position; or
(ii)
if that position no longer exists, a position commensurate with his or
her qualifications and experience.
(b)
An Employee with an ongoing part-time position is entitled to return to an
ongoing part-time position of the same number of hours per week but not
necessarily the times or class levels.
21.
Notice of return to work
(a)
This clause applies to Employees taking parental leave for a period of one school
term or more. For Employees taking parental leave for less than one school term,
notice of return to work is taken to be covered by the confirmation of the end
date of parental leave under clause 9.3.
(b)
An Employee must confirm their intention to return to work in writing as soon
as practicable (one term where possible), but not less than four (4) weeks prior
to the Employee’s intended return to work date.
(c)
If an Employer does not receive such notice from the Employee by the date in
20(b) the Employer may send written notice to the Employee requesting
confirmation of the Employee's intentions.
22.
Return to work part- time
(a)
Subject to this clause, an Employee returning to work from parental leave may
work part-time in one or more periods at any time from their return to work
until the child reaches school age.
22.1 Request for part-time work
(a)
An Employee who is returning to work from a period of parental leave is eligible
to make a request to the Employer for part-time work if the Employee has a child
under school age.
(b)
The request for part-time work must:
(i)
be in writing;
(ii)
be made as soon as practicable but not less than four (4) weeks, prior to the
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Employee’s intended return to work date, or prior to the date of a proposed
change of hours;
(iii)
set out details of the nature of part-time work sought; and
(iv)
specify the start and end dates of the period of part-timework sought.
22.2 Response to the request
(a)
The Employer must give the Employee a written response to the request for part-
time work within twenty-one (21) days of the request, stating whether the
Employer grants, refuses or proposes a modification to the request.
(b)
The Employer must consider the request to work part-time 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 or propose a
modification on reasonable grounds related to the effect of the change on the
workplace or the Employer’s business. If the Employer refuses the request or
proposes a modification, the written response must include details of the
reasons.
(c)
Without limiting what are reasonable grounds related to the effect of the change
on the workplace or the Employer’s business in 21(e), such grounds include the
following:
(i)
that the new working arrangements requested by the Employee would be
too costly for the Employer;
(ii)
that there is no capacity to change the working arrangements of other
Employees to accommodate the new working arrangements requested
by the Employee;
(iii)
that it would be impractical to change the working arrangements of other
Employees, or recruit new Employees, to accommodate the new working
arrangements requested by the Employee;
(iv)
that the new working arrangements requested by the Employee would be
likely to result in a significant loss in efficiency or productivity; or
(v)
that the new working arrangements requested by the Employee would be
likely to have a significant negative impact on customer service.
(d)
The work to be performed part-time need not be the work performed by the
Employee in his or her former position but must be work commensurate with
the Employee’s qualifications and experience.
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22.3 Part-time work agreement
(a)
Before commencing part-time work under this clause, the Employer and
Employee must enter into a part-time work agreement that contains the
following information:
(i)
that the part-time work agreement constitutes a temporary variation of the
Employee’s ongoing position;
(ii)
details of the part-time work (including hours to be worked, days of work
and commencing times for work for the specific period of the part-time
work agreement);
(iii)
the start and end dates of the period of part-time work; and
(iv)
that the part-time work agreement may be varied by consent.
(b)
The terms of the part-time work agreement and any variation to it shall be in
writing and retained by the Employer. A copy of the part-time work agreement
and any variation to it shall be provided to the Employee by the Employer.
22.4 Subsequent periods of part-time work
(a) If an Employee continues to be eligible under 21(b), the Employee may request a
subsequent period or periods of part-time work. This clause applies to any such
subsequent requests as though they were an initial request for part-time work.
22.5 End of part-time work
(a)
In this clause, the former position means the permanent position held by an
Employee prior to a period or periods of part-time work. If the Employee enters
into a part-time work agreement upon their return to work from parental leave,
the former position will be the permanent pre-parental leave position.
(b)
At the expiration of the part-time work agreement, if the Employer and
Employee have not entered into a subsequent part-time work agreement, the
Employee is entitled to return to:
(i)
the Employee's former position; or
(ii)
if that position no longer exists, a commensurate position for which the
Employee is qualified and suited nearest in status and pay to the former
position.
CONTACT THE IEUCONTACT THE IEU
STREET ADDRESSSTREET ADDRESS
120 Clarendon Street, Southbank, Victoria 3006120 Clarendon Street, Southbank, Victoria 3006
POSTAL ADDRESSPOSTAL ADDRESS
PO Box 1320, South Melbourne, Victoria 3205
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(03) 9254 1860
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www.ieuvictas.org.au
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Join the IEU Join the IEU
online todayonline today
ieuvictas.org.au/joinieuvictas.org.au/join
This Agreement This Agreement
was won through was won through
the solidarity and the solidarity and
collective strength collective strength
of IEU members in of IEU members in
this workplace.this workplace.
The IEU is the collective voice and The IEU is the collective voice and
leading advocate for staff in Victorian leading advocate for staff in Victorian
independent schools. We’ve achieved independent schools. We’ve achieved
higher wages and better conditions, higher wages and better conditions,
enforceable consultation provisions, enforceable consultation provisions,
paid parental leave, improved paid parental leave, improved
employment security and better employment security and better
salaries for Education Support staff. salaries for Education Support staff.
These wins have come through These wins have come through
active member campaigns, Agreement active member campaigns, Agreement
negotiations, and robust enforcement negotiations, and robust enforcement
of conditions. We continue to fight of conditions. We continue to fight
to improve the working lives and to improve the working lives and
professional development of teachers professional development of teachers
and education support staff. and education support staff.
