3. Procedural Matters
3.1 Commencement and Application

This policy applies to Thornlie Christian College Inc and teachers employed at Thornlie Christian College, covered by this Policy pursuant to clause 3.3 of the Policy, whilst this Policy is in operation.

3.2 Access to the Policy and the NES

The School will take steps to make available copies of this Policy and the NES to all teachers to whom they apply; either in printed (paper) form on a noticeboard(s), shelving, or table conveniently located at or near the workplace, or through electronic means, whichever makes them more accessible.

3.3 Coverage

This Policy shall not apply to:

  1. (a) persons instructing students of the School in the areas of music or other individual arts and engaged on an individual fee basis;

  2. (b) sports coaches and trainers (unless appointed as teachers);

  3. (c) foreign language or LOTE teachers engaged to instruct students on an individual basis eg. conversation or other individual tuition;

  4. (d) persons employed as teacher’s aides, helpers, assistants or supervisors in or in connection with child care, child minding centres, Before and After School Care and Vacation Care services;

  5. (e) chaplains, psychologists and school counsellors (unless appointed as teachers); and

  6. (f) teachers who are engaged for the purpose of religious instruction or supervision of prayers or to undertake other religious duties of a non- teaching nature.

Thornlie Christian College Teachers Employment Conditions Policy

4. Definitions

For the purpose of this policy:

  1. (a) “Teacher” means a person, registered with the Teacher Registration Board of Western Australia, employed as such to assist the Principal in the work of the school but does not include a person appointed as Deputy Principal.

  2. (b) “Full-Time Teacher” means any teacher other than a relief, part-time, or temporary teacher.

  3. (c) “Part-Time Teacher” means a teacher who is engaged to work regularly, but for less than the normal hours of a full-time teacher.

  4. (d) “Relief Teacher” means a teacher engaged part-time or full-time on a daily or half daily basis for a period not exceeding nineteen consecutive days in the same school.

    Provided that such relief engagement may continue beyond nineteen consecutive days for a further nineteen consecutive days where the relief teacher is replacing a teacher absent for a period which extends beyond nineteen consecutive days (and such longer absence was not anticipated when the relief teacher was engaged).

  5. (e) “Temporary (or Fixed-Term) Teacher” means a teacher employed to work full- time or part-time for a specified period which is not more than a full school year, but not less than twenty consecutive working days.

    Provided that a teacher may be employed for a specific period in excess of a full school year but not more than two full school years where such a teacher is replacing a teacher who is on leave for a specified period in excess of a full school year.

    A teacher shall not be employed on successive temporary appointments except where each appointment is for a different purpose.

    A teacher cannot be employed on a temporary basis unless the teacher was advised at the point he or she was offered the position that it was temporary.

    Where the teacher is replacing a teacher on parental leave the school shall inform that person of the temporary nature of the employment and of the rights of the teacher who is being replaced to return to work.

    A teacher shall not be employed on a temporary basis for the purpose of probation.

  6. (f) “Degree” means a course of study at a recognised higher education institution of at least three years full-time duration, or its part-time equivalent.

  7. (g) “Second or higher degree” shall include a graduate diploma or a degree at honours level.

  8. (h) “Graduate” means a teacher who holds a degree from a recognised higher education institution.

  9. (i) “Recognised higher education institution” means an Australian university recognised by the relevant Australian tertiary education authority from time to

Thornlie Christian College Teachers Employment Conditions Policy

time or a former college of advanced education recognised by the Tertiary Education Commission or a successor body.

  1. (j) “Equivalent qualifications or equivalent course” means qualification or a course which the employer and teacher agree as being equivalent to the qualification or course prescribed by the clause in question in this policy or which the Fair Work Commission determines to be so equivalent.

  2. (k) “Two/Three Years Trained Teacher” means:

    1. (i) A teacher holding a Teacher’s Certificate or a teacher who is a graduate (other than a graduate in Education) but not a Teacher’s Certificate; or

    2. (ii) A teacher who has acquired other equivalent qualifications (as defined in paragraph (j) above).

  3. (l) “Four Years Trained Teacher” means:

    1. (i) A teacher who is a graduate in Education; or

    2. (ii) A teacher who is a graduate who holds a Diploma in Education from a recognised higher education institution; or

    3. (iii) A teacher who is a graduate who holds a Teacher’s Certificate; or

    4. (iv) A teacher who has acquired other equivalent qualifications (as defined in paragraph (j) above).

  4. (m) “Five Years Trained Teacher” means a teacher who is:

    (i) a teacher who has obtained the qualifications applicable to a Four Years Trained Teacher and who has, in addition, satisfactorily completed a second or higher degree; or

    (ii) a teacher who has obtained other equivalent qualifications (as defined in paragraph (j) above).

  5. (n) “Continuous Service” shall include full-time, part-time and temporary service, paid leave and unpaid leave of less than two (2) consecutive weeks, with the same employer.

  6. (o) “Deputy Principal” means a teacher appointed as such in a primary or secondary department, who assists the Principal in his / her responsibility for the conduct and organisation of the school.

  7. (p) “Promotional Position” means a position that involves:

    1. (i) the supervision of other members of staff; and/or

    2. (ii) administrative duties in excess of those usually required of a teacher in a Christian School; and/or

    3. (iii) pastoral care duties or any other Promotional Position responsibilities in excess of those usually required of a teacher in a Christian School.

  8. (q) “Registered school” means a school registered under the provisions of the School Education Act 1999 and which is not administered by or on behalf of the Government of Western Australia.

Thornlie Christian College Teachers Employment Conditions Policy

  1. (r) “Primary Section” means that section or division of a school which provides a primary education and includes a school which provides a primary education only.

  2. (s) “Secondary Section” means that section or division of a school which is not a primary department and includes a school which provides a secondary education only.

  3. (t) “School” means a school covered by this Policy.

  4. (u) “Act” means the Fair Work Act 2009 (Cth);

  5. (v) “Regulations” mean the Fair Work Regulations 2009 (Cth).

  6. (w) “Award” means the Educational Services (Teachers) Award 2010.

  7. (x) “NES” means the National Employment Standards provided for within the Act.

5. Salary Scales and Progression

  1. 5.1 Credit for Previous Teaching Service

    1. a) For the purpose of this clause, any teacher if required by the School so to do, shall upon engagement establish to the satisfaction of the School, the length of his or her teaching service as a qualified teacher in recognised schools or in schools certified or registered under the appropriate legislation in other States or Territories of the Commonwealth of Australia and the period so established shall be taken to be the length of such service, for the purpose of that employment. For the purpose of calculating service:

      1. (i) Any employment as a full-time teacher (including employment as a temporary full-time teacher), shall be counted as service;

      2. (ii) The amount of service of a part-time teacher (including a temporary part-time teacher) shall be calculated by reference to the ratio which the number of hours taught by the teacher in any year bears to the normal number of hours taught by a full-time teacher at the school in the same year.

    2. b) If a teacher, having previously been required by the School to establish the length of his or her teaching service, provides the School with satisfactory evidence of additional teaching service such service shall be included in calculating the period of service from the date the additional evidence is provided to the School.

  2. 5.2 Minimum Rates of Salary

    The minimum annual rate of salary payable to full-time teachers in schools shall be as set out in Part B, Table 1A – Salaries. Weekly salaries shall be ascertained by dividing the annual salaries by 52.16 and fortnightly salaries by dividing the annual salaries by 26.08.

    [Notation: this clause is intended to proscribe the guaranteed minimum rates of salary during the term of this Policy. It should not be construed as prohibiting payment of higher salary rates or implying any change in the existing

Thornlie Christian College Teachers Employment Conditions Policy arrangements within the School in relation to the determination of annual salary rates.]

  1. a) Five Years Trained Teachers
    A Five Years Trained Teacher shall commence on Step 3 of the scale and

    progress according to normal years of service to Step 10 of the scale.

  2. b) Four Years Trained Teachers
    A Four Years Trained Teacher shall commence on Step 2 of the scale and

    progress according to normal years of service to Step 10 of the scale.

  3. c) Two/Three Years Trained Teachers
    A Three Years Trained Teacher shall commence on Step 1 of the scale and

    shall progress according to normal years of service to Step 10 of the scale.

  4. d) Not otherwise classified Teachers

    A teacher not otherwise classified under this Policy shall commence on Step 1 of the scale and shall not progress according to normal years of service.

[Notation: teachers engaged at the commencement of this Policy shall be reclassified on the basis outlined above with effect from the date of commencement. This reclassification will not result in any reduction in salary or interruption to normal incremental progression.]

5.3 Progression on Completion of Qualifications

A teacher, who obtains an additional qualification which is recognised as the equivalent to an additional year of training, shall be credited with the extra year for salary purposes and shall thereafter progress according to normal years of service.

6. Terms of Engagement 6.1 Letter of Appointment

The employer shall provide a teacher [other than a relief teacher] on appointment with a letter of appointment stating inter alia the classification and rate of salary as at appointment, the normal teaching load that will be required, requirements to perform extra-curricular duties and an outline of superannuation benefits available to teachers at the school.

6.2 Suspension

Notwithstanding any of the provisions in this policy, the School may suspend a teacher with or without pay while considering any matter which in the view of the employer could lead to the teacher’s summary dismissal. Suspension without pay shall not be implemented by the employer without prior discussion with the teacher and shall not, except with the teacher’s consent, exceed a period of four weeks.

6.3 Termination of Employment

Thornlie Christian College Teachers Employment Conditions Policy

  1. a) The employment of any teacher [other than a relief teacher] shall not be terminated without at least six school term weeks notice on either side, or the payment of, or forfeiture, of six weeks’ salary in lieu of notice or by giving part notice and part payment in lieu of notice.

    Provided that such six weeks’ notice shall expire within the school term during which it is given and shall expire at the end of the said school term.

    Provided further that the requirements of this clause may be waived in part or whole by mutual agreement between the teacher and the employer.

  2. b) The contract of service of a temporary teacher shall be terminable at any time by either party giving not less than one (1) week’s notice, save that in the case of continuous service exceeding one (1) year, notice shall be as prescribed above.

  3. c) The engagement of a relief teacher shall be by the day or half day and where the period exceeds five consecutive days the notice shall be one day. Where the employment is for five consecutive days or less the engagement shall be considered to be a specific period and notice shall not be required.

  4. d) If a teacher fails to give notice in accordance with this clause, without the agreement of the School to waive the notice the School, an amount not exceeding the amount the teacher would have been paid under this Policy in respect of the period of notice required by this clause less any period of notice actually given by the teacher, shall be payable by the teacher to the School.

  5. e) In accordance with s324 of the Act, with the written authorisation of the teacher, the School may withhold from any monies due to the teacher on termination under this Policy, an amount not exceeding the amount the teacher would have been paid under this Policy in respect of the period of notice required by this clause less any period of notice actually given by the teacher. Any outstanding balance becomes a debt due and payable by the teacher.

  6. f) The foregoing shall not affect the right of the employer to dismiss summarily any teacher for incompetence, misrepresentation, neglect of duty or other misconduct.

  7. 6.4 Statement of Service

    1. a) Upon the termination of service of a teacher [other than a relief teacher], the employer shall provide a statement of service setting out the length of service, the number of classes and range of subjects taught, the promotions positions held and any special and/or additional duties performed by such teacher.

    2. b) Upon request, a relief teacher shall be supplied with a statement setting out the number of days of duty undertaken by the relief teacher during the period of the engagement, provided such request is made during or on termination of the engagement.

  8. 6.5 Job Search Entitlement

Thornlie Christian College Teachers Employment Conditions Policy

Where a School has given notice of termination to a Teacher, a Teacher must 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 teacher after consultation with the School.

  1. 6.6 Hours of Work

    1. a) The ordinary hours of work for full time teachers are 37.5 hours on average per week (pro-rata for part-time teachers) averaged over each year concluding on the next School Service Date. In addition, teachers are required to work such reasonable additional hours as are necessary to perform their duties.

    2. b) A teacher is required to perform their duties in accordance with the requirements of sub-clause (a) of this clause. Any additional hours beyond those required by sub-clause (a) of this clause are only to be worked with the written approval of the School.

    3. c) The annual salary payable under this Policy is in consideration for all hours worked by the teacher in each year and the School’s obligations in respect of minimum rates of pay may be complied with over that period

    [Notation: this clause is intended merely to ensure compliance with the requirements of the Act. It should not be construed as implying any change in the existing arrangements within the School in relation to hours of attendance at the School or face to face teaching hours.]

  2. 6.7 Normal Duties

    The normal duties of teachers shall include playground duties, sports duties, and usual extra-curricular activities and, in relation to teachers appointed to residential positions, the usual residential duties.

  3. 6.8 Meal and Rest Breaks

    1. a) Between half an hour and one hour shall be allowed to teachers each day for lunch and/or an evening meal where work continues after 7.00 p.m. This meal break shall be at a time mutually agreed upon between the School and the teacher. The meal break shall not be at the end of the day. Such meal break shall not be counted as time worked and shall be unpaid.

    2. b) All teachers shall be allowed a rest break of ten minutes daily and this break shall be counted as time worked. The rest break shall not be taken at the beginning or end of the day, nor immediately before or after a meal break.

    3. c) Teachers shall be supplied with facilities for the heating of water and food and a suitable place to partake of their meals.

  4. 6.9 Policy Flexibility

    Notwithstanding any other provision of this Policy, a school and a teacher may agree to vary the application of certain terms of this Policy to meet the genuine needs of the School and the teacher, as provided in Attachment A. However, for such an agreement to take effect, the agreement must result in the teacher being better off overall than would have been the case if no flexibility agreement was entered into between the teacher and the School.

Thornlie Christian College Teachers Employment Conditions Policy

  1. Promotions Positions

    1. 7.1 A teacher appointed to a promotional position shall be placed within one of the following promotion levels in accordance with the duties as prescribed. The levels assigned will recognise the gradation of responsibilities which apply within a school among various promotional positions. The Principal retains the right to determine the level applicable to a position.

      Level 1: For example, positions of leadership responsible for the oversight of a major section of the College, addressing Student Development, Curriculum or Educational Leadership or equivalent thereof.

      Level 2: For example, positions of leadership responsible for the oversight of a Department or Learning Area addressing Student Development, Curriculum or Educational Leadership or equivalent thereof.

      Level 3: For example, positions of leadership responsible for the oversight of a subject within a learning area, with reportees, addressing Student Development or Curriculum or equivalent thereof.

      Level 4: For example, positions of leadership responsible for a minor subject within a learning area with at least 1 reportee addressing Student Development or Curriculum or equivalent thereof.

    2. 7.2 All allowances relating to promotional positions are minima.

    3. 7.3 The scale of promotional allowances paid shall be based on the promotional level

      as determined in section 7.1 of this clause.

    4. 7.4 The minimum allowance payable for a promotional position shall be as set out in Part B – Table 1B – Promotions Positions Allowances.

  2. Payment Arrangements

    1. 8.1 Payment Fortnightly

      1. a) The salary payable to any Teacher shall be payable fortnightly.

      2. b) The salary payable to any teacher, pursuant to this clause, shall be payable at the election of the employer by cash, cheque or Electronic Funds Transfer into an account nominated by the teacher.

      3. c) The fortnightly rate of pay for Employees shall, be subject to the other provisions of this Policy, be calculated by dividing the rates set out in Part B – Monetary Rates, by 26.08.

    2. 8.2 Payment of Part-Time and Temporary Teachers

a) A part-time teacher, including a temporary part-time teacher, shall be paid at the same rate as a full-time teacher with the corresponding classification but in that proportion which the number of hours which are normal teaching hours bear to the hours which a full-time teacher at the school is normally required to teach.

Thornlie Christian College Teachers Employment Conditions Policy

b) A temporary full-time teacher shall be paid at the same rate as that prescribed for a full-time teacher with corresponding classification.

8.3 Payment of Relief Teachers

  1. a) The salary payable to a relief teacher engaged for five consecutive days or more shall be the appropriate rate in clause 5.2 in accordance with years of full-time service, divided by 200 in the case of a daily payment and 40 in the case of a weekly payment.

  2. b) The salary payable to a relief teacher engaged for less than five consecutive days or more shall be the appropriate rate as indicated in the table below, divided by 200 in the case of a daily payment and 400 in the case of a half-day payment:

    All Relief Teachers 6

    The said rate includes any applicable loading and allowance for annual leave, leave loading, personal leave and redundancy under the Act.

  3. c) A relief teacher shall be paid for a minimum of half a day for each single engagement.

  4. d) For the purposes of this clause a half day is determined as the hours usually worked in a school prior to the lunch break or the hours worked from the beginning of the lunch break until the end of the school day.

8.4 Overpayments

  1. a) Where excess payments are made in circumstances which were apparent to the teacher, or could reasonably have been expected to be detected by the teacher, and the teacher fails to return the excess payments, the excess payments shall be a debt due by the teacher to the School and the School shall seek written agreement from the teacher as to a schedule of repayments. The teacher shall not unreasonably withhold agreement to repay the monies as soon as possible. The teacher authorises the School to deduct the repayments agreed from subsequent payments made to the teacher.

  2. b) Where excess payments are made in circumstances which were not apparent or could not reasonably have been expected to be detected by the teacher, the relevant parties shall seek agreement regarding repayment of the overpayment.

8.5 Remuneration Packaging

  1. a) This clause shall apply to those individual schools wishing to facilitate the provision of salary and benefit packages to individual members of staff covered by this policy.

  2. b) For the purposes of this clause:

Classification

Step

 

Thornlie Christian College Teachers Employment Conditions Policy

  1. (i) ‘Benefits’ means the benefits nominated by the teacher from the benefits provided by the school and listed in clause 8.5(d)(iii).

  2. (ii) ‘Benefit Value’ means the amount specified by the school as the cost to the school of the Benefit provided including Fringe Benefit Tax, if any.

  3. (iii) ‘Fringe Benefit Tax’ means tax imposed by the Fringe Benefits Tax Act 1986 (Cth).

c) Conditions of Employment

Except as provided by this clause, teachers covered by this policy must be employed at a salary based on a rate of pay, and otherwise on terms and conditions, not less than those prescribed by this policy.

  1. d) Salary Packaging

    The school may offer to provide and the teacher may agree in writing to accept:

    1. (i) the Benefits nominated by the teacher; and

    2. (ii) a salary equal to the difference between the Benefit Value and the salary which would have applied to the teacher or under clause 8.5(c), in the absence of an agreement under this clause.

    3. (iii) The available Benefits are those made available by the school from the following list:

      1. (a) superannuation;

      2. (b) childcare provided by the school;

      3. (c) payment of otherwise deductible study expenses;

      4. (d) other benefits offered by the school.

    4. (iv) The school must advise the teacher in writing of the Benefit Value before the agreement is entered into.

  2. e) During the currency of an agreement under clause 8.5(d):

    1. (i) any teacher who takes paid leave on full pay shall receive the Benefits and salary referred to in clause 8.5(d)(i) and (ii);

    2. (ii) if a teacher takes leave without pay the teacher will not be entitled to any Benefits during the period of leave;

    3. (iii) if a teacher takes leave on less than full pay he or she shall receive:

      1. (a) the Benefits; and

      2. (b) an amount of salary calculated by applying the formula:

        A = S x P% – [(100% – P%) x B]

        where:

        S = the salary determined by paragraph (ii) of subclause (d) of this clause

        P = the percentage of salary payable during the leave B = Benefit Value
        A = Amount of salary.

Thornlie Christian College Teachers Employment Conditions Policy

(iv) any other payment under this agreement, calculated by reference to the teacher’s salary, however described, and payable:

  1. (a) during employment; or

  2. (b) on termination of employment in respect of untaken paid leave; or

  3. (c) on death,

shall be at the rate of pay which would have applied to the teacher under clause 8.5(c), in the absence of an agreement under clause 8.5(d).

9. Allowances
9.1 Travelling Allowances

  1. a) Where a Teacher is required by the employer to work away from the teacher’s usual place of employment the employer shall pay the teacher any reasonable travelling expenses incurred except where an allowance is paid in accordance with sub-clause (b) hereof.

  2. b) Where a teacher is required and authorised to use his/her own motor vehicle in the course of duty, the teacher shall be paid the rate set out in Table 2 – Travelling Allowances, of Part B – Monetary Rates, for such use.

10. Superannuation

  1. 10.1 Superannuation legislation

    1. a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and teachers.

    2. b) The rights and obligations in these clauses supplement those in superannuation legislation.

  2. 10.2 Employer contributions

    1. a) The School must make such superannuation contributions to a superannuation fund for the benefit of a teacher as will avoid the School being required to pay the superannuation guarantee charge under superannuation legislation with respect to that teacher.

    2. b) Under superannuation legislation a school must make contributions on an employee’s ordinary time earnings. For the purposes of this Policy, ordinary time earnings include:

      1. (i) the minimum annual rate of salary prescribed from time to time for the employee by clause 5.2; and

      2. (ii) the amount of any allowance which is prescribed from time to time for the employee by clauses 5.3 and 7; and

Thornlie Christian College Teachers Employment Conditions Policy

11.

(iii) the amount of all payments made to the employee pursuant to clause 11 Pro Rata Salary Adjustments.

  1. 10.3 Voluntary teacher contributions

    1. a) Subject to the governing rules of the relevant superannuation fund, a teacher may, in writing, authorise their School to pay on behalf of the teacher a specified amount from the post-taxation wages of the teacher into the same superannuation fund as the School makes the superannuation contributions provided for in clause 10.2.

    2. b) A teacher may adjust the amount the teacher has authorised their School to pay from the wages of the teacher from the first of the month following the giving of three months’ written notice to their School.

    3. c) The School must pay the amount authorised under clauses 10.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 10.3(a) or (b) was made.

  2. 10.4 Superannuation fund

    Unless, to comply with superannuation legislation, the School is required to make the superannuation contributions provided for in clause 10.2 to another superannuation fund that is chosen by the teacher, the School must make the superannuation contributions provided for in clause 10.2 and pay the amount authorised under clauses 10.3(a) or (b) to one of the following superannuation funds, PROVIDED THAT it is a fund offering a MySuper Product (as defined in the Superannuation Industry (Supervision) Act 1993 (Cth)):

    1. (i) Christian Super; or

    2. (ii) any other complying superannuation fund approved for the purposes of superannuation legislation which is approved by the School as a fund into which a Teacher of that School may elect to have the School pay contributions made pursuant to this policy in respect of that teacher.

Pro-rata Salary Adjustments 11.1 Application

This clause will apply:

  1. a) in lieu of the applicable provisions of the Act and NES in relation to pro- rata annual leave; and

  2. b) notwithstanding any other provisions in this policy.

For the purposes of this clause:

(a) “School Service Date” means the usual commencement date of employment at a school for teachers who are to commence teaching on the first day of the first term.

(b) “Teacher” means any teacher other than a relief teacher. 11.2 Applicable Circumstances

The provisions of this clause shall apply where:

Thornlie Christian College Teachers Employment Conditions Policy

11.3

  1. (a) a teacher’s employment ceases;

  2. (b) a teacher commences employment after the School Service Date;

  3. (c) where a teacher takes approved leave without pay; or

  4. (d) where the hours which a teacher normally teaches at a school have varied since the School Service Date [“a teacher whose hours have varied”],

and payments shall be made to such teachers by application of the formula prescribed by either clause 11.3 or 11.4, as appropriate, and, if relevant, by the application of the provisions of clauses 11.5, 11.6, 11.7 and 11.8 separately or in combination.

Calculation of Payments where hours have varied

Payments made pursuant to this clause to a teacher whose hours have varied shall be calculated in accordance with the following formula:

11.4

Where:

P s

b c d

is the payment due.

is the total salary paid in respect of term weeks, or part thereof, since the anniversary of employment [or date of employment in circumstances where a teacher has been employed by the school for less than one year].

is the number of term weeks, or part thereof, in the year.

is the number of non-term weeks, or part thereof, in the year.

is the salary paid in respect of pupil vacation weeks, or part thereof, that have occurred since the anniversary of employment [or date of employment in circumstances where a teacher has been employed by the school for less than one year].

Calculation of Payments in other circumstances

P= sxc-d b

Payments made otherwise pursuant to this clause shall be calculated in accordance with the following formula:

Where:
P is the payment due.
s is an amount equivalent to a week’s salary [including allowances] of the

P=Sx txc -d b

Thornlie Christian College Teachers Employment Conditions Policy teacher at the date of application of the formula.

11.5

11.6

A teacher shall be entitled on termination of employment except in the case of serious misconduct, to a payment calculated in accordance with this clause.

11.7

(a)

(b)

Teachers Who Commence Employment After The Commencement Of The School Year

A teacher who commences employment after the usual date of commencement at a school in any school year, shall be paid from the date the teacher commences, provided that at the end of Term IV or final semester in that year, the teacher shall be paid an amount calculated pursuant to clause 11.3 or 11.4 as appropriate and shall receive no salary or other payment other than payment under this clause until the School Service Date or the resumption of Term 1 or first semester in the following school year.

In each succeeding year of employment, the anniversary of appointment of the teacher for the purpose of this clause shall be deemed to be the School Service Date.

Teachers Who Take Approved Leave Without Pay

is the number of term weeks, or part thereof, worked by the teacher since the School Service Date.

is the number of term weeks, or part thereof, in the year.

is the number of pupil vacation weeks, or part thereof, in the year.

is the number of pupil vacation weeks, or part thereof, that have occurred since the school service date or the date of the commencement of the teacher if after the school service date.

Termination of Employment

Where a teacher takes leave without pay with the approval of the employer for a period which [in total] exceeds 20 pupil days in any year, the teacher shall be paid salary calculated in accordance with this clause as follows:

  1. (a) If the leave without pay commences and concludes in the same school year:

    1. (i) subject to clause 11.7 (a) (ii) below, the payment shall be calculated and made at the conclusion of Term Four of that school year; and

    2. (ii) if the leave without pay commences on the day following the last teaching day of a term and concludes on the day preceding the first teaching day of a term in the same year a payment shall be calculated and made:

      1. a) at the commencement of the leave in respect of that year; and

      2. b) at the end of Term Four in accordance with clause 11.7 (c).

  2. (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 shall be calculated and made in respect of the school year in which the leave commences; and

Thornlie Christian College Teachers Employment Conditions Policy

11.8

(ii) at the end of Term Four in the school year in which the leave concludes, a payment shall be calculated and made in respect of that school year.

(c) The payment to be made to a teacher at the conclusion of Term Four of a school year:

  1. (i) pursuant to clause 11.7 (a) (ii) (B);

  2. (ii) or in circumstances where, with the agreement of the employer, a teacher who has been paid pursuant to clause 10.7 (b) (i) returns from leave during the school year in which the leave commenced and not withstanding that as a result did not in total exceed 20 pupil days, shall be determined by:

    1. a) applying the formula in clause 11.3 or 11.4 as appropriate as if no payment had been made to the teacher pursuant to clause 11.7 (a) (ii) (A) or clause 11.7 (b) (i); and

    2. b) deducting from that amount the amount paid to the teacher pursuant to clause 11.7 (a) (ii) (a) or clause 11.7 (b) (i).

(d) Notwithstanding the provisions of clause 11.1 (a), a teacher shall not pursuant to this clause be paid an amount in respect of a year of employment which is less than the amount to which the teacher would otherwise be entitled under the provisions of the Act in respect of a year of employment.

[Notation: The employer and the teachers are of the unanimous view that other than in exceptional circumstances leave without pay should preferably commence on the day following the last teaching day of a term and conclude on the day preceding the first teaching day of a term unless the employer has expressly agreed to the contrary.]

Teachers Whose Hours Have Varied

Where the hours which a teacher normally teaches at a school have varied since the School Service Date in any school year and the teacher’s employment is to continue in the next school year, the teacher shall be paid at the conclusion of Term Four or final semester of that year in accordance with the formula provided in clause 11.3 and shall receive no salary or other payment other than payment under this clause until the School Service Date or the resumption of Term 1 or the first semester in the following school year.

12 Annual Leave and Loading 12.1 Entitlement

All Teachers, other than relief Teachers, shall receive four weeks paid annual leave in accordance with the Act and subject to the requirements of the Act and NES, such leave normally to be taken during the summer pupil vacation period. A Teacher who was actually engaged for all school terms in a calendar year shall be entitled to a year’s entitlement.

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[Notation: this clause is intended merely to ensure compliance with the requirements of the Act. It should not be construed as implying any change in the existing arrangements within the School in relation to pupil vacation periods or pro-rata salary adjustments in accordance with clause 11.]

  1. 12.2 Subject to clause 12.6, where a teacher other than a relief teacher, is given and takes annual holidays commencing at the beginning of the school summer vacation each year, the teacher shall be paid an annual holiday loading calculated in accordance with this clause.

  2. 12.3 The loading shall be payable in addition to the pay payable to the teacher for the period of the school summer vacation. Loading is calculated based on 4 weeks annual leave only.

  3. 12.4 The loading shall be calculated:

    1. (a) in relation to the period of annual leave to which the teacher is entitled for the time being under the Act at the end of each year of employment or;

    2. (b) where relevant the period of annual leave calculated under clause 12.7.

  4. 12.5 The loading shall be the amount payable for the period specified in clause 12.4 or 12.7 at the rate of 17.5 per cent of the weekly equivalent of the teacher’s annual salary.

  5. 12.6 For the purposes of this clause, “salary” shall mean the salary payable to the teacher at the first day of December of the year in which the loading is payable together with, where applicable, the allowances prescribed by clause 7, but not including any other allowances or amount otherwise payable in addition to salary.

    Provided that where clause 12.7 applies, “salary” shall mean the salary [together with allowances payable as aforesaid] payable immediately prior to the payment made to the teacher pursuant to clause 11.4.

  6. 12.7 Where a teacher receives a payment pursuant to clause 11, including the case where a teacher’s employment is terminated by the employer during the school year for a reason other than misconduct, the teacher shall be entitled to be paid for that part of such fraction of the annual holiday loading he or she would be entitled to for the full school year as is equal to the fraction which the number of school weeks worked by the teacher in that year bears to the number of school weeks he or she would be normally required by the Principal to work in a full school year.

13 Personal/Carer’s Leave

13.1

(a)

Entitlement

All Teachers, other than Relief Teachers, shall receive ten days paid personal/carer’s leave for each year of service in accordance with the Act and subject to the requirements of the Act and NES. A Teacher who was actually engaged for all school terms in a calendar year shall be entitled to a year’s entitlement. Any untaken leave shall accrue indefinitely in accordance with the Act.

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13.2

  1. (b) Teachers shall not be entitled to paid personal/carer’s leave, for any period in respect of which the Teacher is entitled to payment under the Workers’ Compensation and Rehabilitation Act 1981.

  2. (c) The Teacher shall notify the Principal of the School, or other such person deputised by the Principal, of the nature of the absence and the estimated duration of the absence, where practicable, prior to the commencement of the first organised School activity on that day.

  3. (d) The Teacher shall provide such documentation as is reasonably required by the School to support the Teacher’s application for paid personal/carer’s leave.

    Medical Evidence Supporting Absence Due to Illness or Injury

  1. (a) The Teacher shall provide to the School such evidence as the School may request that the Teacher was unable, by reason of such illness or injury to attend for duty on the day or days for which paid personal/carer’s leave is claimed.

  2. (b) Where a single day absence occurs before or after a public holiday or a rostered day off, the Teacher shall supply a medical certificate to the School evidencing that the Teacher is or was unable, by reason of such illness or injury to attend for duty on the day for which paid personal/carer’s leave is claimed.

  3. (c) Where the School has reasonable grounds to believe that the Teacher may be absent for a reason or reasons other than illness or incapacity the School may require the Teacher to be examined by a medical practitioner nominated by the School (at the School’s expense) to substantiate eligibility for paid personal/carer’s leave. Alternatively, the School may have a medical practitioner nominated by the School contact the Teacher’s treating doctor and require the Teacher to advise the Teacher’s treating doctor to provide information to substantiate eligibility for paid personal/carer’s leave. No other information shall be provided by the medical practitioner to the School unless specifically authorised by the Teacher.

  4. (d) A Teacher who refuses to be examined by a medical practitioner or who refuses to direct his or her treating doctor to provide information to the medical practitioner without reasonable cause shall not be entitled to paid personal/carer’s leave. Provided that the direction to the Teacher shall be in writing, signed by the Principal, and shall refer to the provisions of this clause and shall nominate the reasonable grounds for the view of the School that the Teacher may be absent for a reason or reasons other than illness or incapacity. Such direction must be received by the Teacher in sufficient time for the Teacher to reasonably comply with the direction.

Evidence Supporting Absence for Carer’s Leave

The Teacher shall, if required,

13.3

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(a) (b)

establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

establish by production of documentation acceptable to the School or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the Teacher.

In normal circumstances, a Teacher must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

  1. 13.4 Access to personal leave in circumstances of domestic violence

    1. (a) In addition to the circumstances outlined in the Act a Teacher may access personal/carer’s leave in circumstances of domestic violence, including to attend medical appoints and legal proceedings.

    2. (b) A teacher will, upon request, provide documentation acceptable to the School or a statutory declaration, outlining the fact of domestic violence, and that such circumstance prevented the teacher from attending work.

    [Notation: Where circumstances of domestic violence give rise to concerns in relation to workplace safety these concerns shall be dealt with in accordance to the existing school procedures.]

  2. 13.5 Special Leave

    A teacher, other than a casual teacher, is entitled to up to three days per year for moving house or other domestic or other pressing necessity not otherwise qualifying for personal leave and not reasonably capable of being arranged for pupil vacation periods. A teacher shall give the Principal notice as soon as practicable of the need to take this leave. For the avoidance of doubt, special leave does not accumulate.

  3. 13.6 Unpaid Carers Leave

    Under the Act and subject to the requirements of the Act and NES, a Teacher is entitled to a period of up to two days unpaid carer’s leave for each occasion when a member of their immediate family who is ill or who requires care due to an unexpected emergency.

14 Compassionate Leave

14.1

14.2

Paid Compassionate Leave

A teacher, other than a Relief Teacher, is entitled to two days paid compassionate leave per occasion in accordance with the Act and subject to the requirements of the Act and NES.

Conditions on taking Compassionate Leave

14.2.1 The teacher shall notify the Principal of the School, or other such person deputised by the Principal, of the nature of the absence and the estimated duration of the absence, where practicable, prior to the commencement of the first organised School activity on that day.

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14.2.2 The teacher shall provide such documentation as is reasonably required by the School to support the Teacher’s application for paid compassionate leave.

15 Community Service Leave

  1. 15.1 Unpaid Community Service Leave

    A teacher is entitled to unpaid community service leave in accordance with the NES and subject to the requirements of the NES in relation to jury service, voluntary emergency management activity and any other prescribed activity.

  2. 15.2 Paid Jury Service Leave

    A teacher, other than a Relief Teacher, is entitled to ten days paid jury service leave per jury summons in accordance with the NES and subject to the requirements of the NES.

16 Parental Leave 16.1 General

  1. a) A Teacher is entitled to take parental leave in accordance with the provisions in the Act and NES and subject to the limitations and conditions, including notification requirements, contained in the Act and NES.

  2. b) Without limiting the above appropriate arrangements shall be made for taking parental leave which, as far as practicable, take account of the School’s and Teacher’s requirements.

  3. c) A teacher with two years continuous service with the School who takes unpaid parental leave under the provisions of the Act is eligible to receive a payment (new parent bonus) paid by the School under sub- clause 16.2 of this Policy. If a teacher takes concurrent parental leave as described in the Act, sub-clause 16.3 of this Policy applies.

  4. d) Where a teacher gives birth to or adopts a second or subsequent child following an earlier period of maternity leave and has not returned to work for a period of four school terms, or such lesser period as may be agreed to by the school, before the birth or adoption of the second or subsequent child, the teacher will not be entitled to a bonus under sub- clause 16.1(c). However, the teacher will remain entitled to unpaid maternity leave in accordance with the Act.

  5. e) The period of parental leave will not count as a period of service under this Policy or any statute but will not break continuity of service.

  6. f) A Teacher shall be required to give at least written notice of the intention to take leave and shall provide other notices and documentation consistent with the provisions of the Act and the requirements of the NES.

16.2 New Parent Bonus

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16.3

Concurrent Parental Leave (including former Paternity Leave)

  1. 16.3.1 A teacher who is entitled to take unpaid parental leave pursuant to section 71 or section 72 of the Act and who applies to take concurrent parental leave pursuant to section 72(5) of the Act will, subject to clause 16.3.3 below, be entitled to two weeks paid carer’s leave commencing on the day of birth of the child, or on the day on which the child or mother of the child leaves hospital following the birth, or in the case of an adoption, from the date of placement of the child.

  2. 16.3.2 A period of paid carer’s leave will count as a period of service under this Policy pursuant to the provisions applying to carer’s leave in the Act.

  1. 16.2.1 A teacher who gives birth to, or adopts, a child is eligible to receive a new parent bonus from the School. The calculation of the new parent bonus is dealt with at sub-clauses 16.2.2 and 16.2.3 below.

  2. 16.2.2 The weekly value of the new parent bonus is the difference, if any, between the teacher’s gross weekly salary for the usual position held by the teacher (plus any allowance received under clause 7) before the teacher gave birth to or adopted the child and the federal minimum wage.

  3. 16.2.3 The minimum value of the new parent bonus expressed in weeks is 6 weeks. The maximum value of the new parent bonus, expressed in weeks, is 18 weeks, or the number of weeks of unpaid parental leave taken, if the period of leave taken is less than 18 weeks.

  4. 16.2.4 If a new parent bonus is payable, the employee must be paid:

16.2.4.1 at the usual times and intervals that other employees are paid at the school from the birth or placement of the child; or

16.2.4.2 as otherwise agreed in writing, for example, from the commencement of a period of parental leave, or deferred to a later date, and/or in a lump sum or in instalments.

16.2.5 For the avoidance of doubt:

16.2.5.1

16.2.5.2

The birth or adoption of more than one child around the same period of time does not give rise to a second or greater bonus. The new parent bonus is only payable once in such circumstances.

If both parents of an adopted child are covered by Policy, or an agreement in similar terms, the new parent bonus available in respect of the birth or adoption of the particular child is only available to one parent. It is payable by one school, to one employee covered by this Policy, or an agreement in similar terms. Generally, it is anticipated that this will be the adoptive mother. However, the parents may agree that it be the adoptive father.

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  1. 16.3.3 A teacher must give notice of the intention to take parental leave and provide other notices and documentation as required by the provisions of the Act (and, in particular, section 74).

  2. 16.3.4 A teacher who receives two weeks ‘Dad and Partner’ pay under the Paid Parental Leave Act 2010 (Cth)during the three week period of concurrent parental leave available under the Act may only take one week of paid carer’s leave (as the teacher must be on unpaid leave to receive the ‘Dad and Partner’ pay).

16.4 Right to request

a) A Teacher entitled in accordance with the NES to parental leave may request the School to allow the Teacher:

  1. (i) to extend the period of concurrent unpaid parental leave;

  2. (ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months.

16.5 Communication during parental leave

Where a Teacher is on parental leave and a definite decision has been made to introduce significant change at the workplace, the School shall take reasonable steps to communicate with the Teacher in accordance with the NES.

The Teacher shall also notify the School of changes of address or other contact details which might affect the School’s capacity to comply with this clause.

17 Long Service Leave

  1. 17.1 General Provisions

    1. (a) Except in so far as expressly varied by the provisions of this clause, the provisions of the Long Service Leave Act 1958 (WA), shall apply to teachers employed under this policy.

    2. (b) For the purpose of this clause 17 Long Service Leave, a teacher shall be deemed to have completed a year of service if he or she had been employed for the whole of the term time of that calendar year.

  2. 17.2 Quantum of Leave

    Subject to clause 17.3 the amount of long service leave to which a teacher shall be entitled shall:

(a) In the case of a teacher who has completed at least eight years service with the School shall be:

  1. (i) in respect of eight years service so completed ten weeks; and

  2. (ii) in respect of each additional eight years of service with the School since the teacher last became entitled to long service leave, ten weeks; and

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(iii) on the termination of the teacher’s employment, in respect of completed service with the School since the teacher last became entitled to an amount of long service leave, a proportionate amount on the basis of ten weeks for eight year’s service.

(b) In the case of a teacher who has completed with the School five years service, and whose services are:

(i) terminated by the School for any reason other than serious misconduct; or

(ii) cease for any other reason (including resignation by the teacher),

be a proportionate amount on the basis of ten weeks for eight years service.

17.3 Conditions of Taking Leave

  1. (a) Where a teacher has become entitled to long service leave in respect of the teacher’s service with the School, the School shall give to the teacher and the teacher shall take the leave as soon as practicable having regard to the needs of the School provided always that unless the School otherwise agrees the teacher shall give not less than two school terms notice of the teacher’s wish to take leave and further provided that the School shall give the teacher not less than two school terms’ notice of any requirement that such leave be taken.

  2. (b) Due to the operational needs of the School long service leave will preferably be taken in term blocks. However, a school may agree to allow a teacher to take long service leave in smaller blocks for personal reasons subject to the operational needs of the School.

  3. (c) Where long service leave is taken so that it commences on the first day after a period of pupil vacation and concludes on the last day prior to a period of pupil vacation, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within and following the period of long service leave.

  4. (d) A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the School.

  5. (e) A teacher may request and the school may grant up to four week’s leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with subclause 17.3(c) the conditions of that clause shall apply.

  6. (f) Where a teacher is entitled to an amount of long service leave which is in excess of a school term the teacher may elect not to take that part of the long service leave which is in excess of a term [the deferred leave], until such time as the teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.

  7. (g) Additional Options for LSL:

(i) LSL may also be taken in 2 blocks of 5 weeks each

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(ii) LSL may also be taken as 1 block of 5 weeks and a cash payout of the remaining 5 weeks

[Notation: where long service leave is not taken in accordance with this clause the period between the commencement of leave and conclusion of leave shall be long service leave in accordance with the Act.]

  1. 17.4 Long Service and Public Holidays

    A period of long service leave shall be inclusive of any public holidays falling within the period of leave. Any public holiday which occurs during the period a teacher is on long service leave shall be treated as part of the long service leave and extra day(s) in lieu thereof shall not be granted.

  2. 17.5 Continuous Service

    The service of a teacher with the School shall be deemed continuous notwithstanding the service has been interrupted by reason of the teacher taking maternity leave (including paid and unpaid leave in accordance with clause 16 – Parental Leave) or other approved leave without pay but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.

18 Other Leave

  1. 18.1 Examination Leave

    Any teacher who for the purpose of furthering his or her teacher training, enrols in any course at a recognised University or recognised teacher training institution, shall be granted leave with pay on the day of any examination required in the course.

  2. 18.2 Leave without Pay

    While a teacher has the right to apply for leave without pay the granting of such leave is at the discretion of the employer.

    A teacher applying for leave under this clause must state the period of such leave and the reason for which the leave is being sought.

    Leave without pay does not involve loss of continuity of service for salary, sick leave and long service leave purposes. Any period exceeding two weeks during which the teacher is absent on leave without pay shall not be taken into account in calculating the period of service for any purposes of this Award. In the case of leave without pay, which exceeds eight weeks in a continuous period, the entire period of that leave is exercised in full.

    If a teacher is granted leave without pay the question of the teacher’s specific duties on return to work should be considered before the granting of such leave and any arrangements made documented. If no prior arrangement is made a teacher upon return to service shall be entitled to a position commensurate with the position held immediately prior to the commencement of such leave.

    The maximum period for which leave is granted under this clause shall be one year.

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  1. 19 Public Holidays

    1. 19.1 The days on which the following holidays are observed shall be holidays, namely: New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Queen’s Birthday, Christmas Day and Boxing Day, together with any day which may hereafter be proclaimed as a public holiday throughout the whole State of Western Australia.

    2. 19.2 Full-time and part-time Teachers shall be entitled to the above holidays without loss of pay, provided that a Teacher who is regularly rostered to work ordinary hours on Monday to Friday shall only be paid for such holidays as occur on those days.

  2. 20 Application of NES

    1. 20.1 The leave arrangements in this Policy are considered by the College to be more favourable than the arrangements provided under the NES.

    2. 20.2 In the event that the application of the NES in particular circumstances would result in a more favourable outcome to the teacher this policy is modified to the extent that is necessary to comply with the Standard.

  3. 21 Consultation regarding major workplace change and redundancy

    Where the college has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on employees, including the possible termination of employment due to redundancy, the College will follow the procedures set out in Attachment B.

  4. 22 Disputes Resolution

    In the event of a dispute about a matter under this Policy, or a dispute in relation to the NES, the parties will follow the disputes procedure in Attachment C.

  5. 23 Faith Basis of the School

    1. 23.1 Statement of Faith

      1. (a) Teachers are expected by the School to possess and maintain throughout the term of this policy a firm personal belief consistent with the Statement of Faith of the School (Attachment – D) together with an active commitment to and involvement with a Christian church holding a doctrinal position consistent with the Statement of Faith.

      2. (b) Should a teacher cease to have a firm personal belief consistent with the Statement of Faith or cease to maintain an active commitment to and involvement with an appropriate Christian church the teacher shall inform the School.

    2. 23.2 Lifestyle and Values

      The parties acknowledge that:

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  1. (a) the School bases its teachings and beliefs on the Bible, both the Old and New Testaments which the School regards as the inspired and inerrant Word of God.

  2. (b) all staff members of the School are required to be seen to conduct themselves at all times, in a manner consistent with these teachings and beliefs and in accordance with the Christian ethos of the School, thus providing a specifically Christian role model and example to all students and families associated with the School.

  3. (c) it is an inherent, genuine occupational requirement that all staff members of the School must not act in a way that they know, or ought reasonably to know, is contrary to the religious beliefs of the School. Nothing in their deliberate conduct shall be incompatible with the intrinsic character of their position.

  4. (d) should a teacher act contrary to the lifestyle requirements set out in this clause the matter will be dealt with in accordance with the normal School procedures in relation to performance management.

  5. (e) if a dispute arises in conjunction with this clause it shall be dealt with in accordance with clause 22 – Dispute Resolution.

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PART B – MONETARY RATES Table 1A – Salaries

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

Step 8

Step 9

Annual salary (excluding leave loading) from the first full pay period on or after 1st January 2019

$

Limited Authority to Teach

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Step 10

55,479 65,825 72,592 75,459 80,635 85,770 92,058 98,025

100,199 102,376 106,389

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Table 1B –Promotions Positions Allowances

9% 6% 4%

Level 4 2%

Table 2 – Travelling Allowances

Use of own vehicle on a casual or incidental Australian Taxation Office rate per kilometre basis to a maximum of 400 kilometres

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Level 1

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Level 2

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Level 3

% of Step 10 Salary rate

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ATTACHMENT A – INDIVIDUAL FLEXIBILITY AGREEMENTS

A school and a teacher may agree to vary the application of certain terms of this Policy to meet the genuine needs of the school and the teacher, as provided below.

  1. B.1 The terms the school and the individual teacher may agree to vary the application of are those concerning:

    1. (a) arrangements for when work is performed;

    2. (b) allowances; and

    3. (c) leave loading.

  2. B.2 The school and the teacher must have genuinely made the agreement without coercion or duress.

  3. B.3 The agreement between the school and the teacher must:

    1. (a) be confined to a variation in the application of one or more of the terms listed in

      clause B.1; and

    2. (b) result in the teacher being better off overall than the teacher would have been if no individual flexibility agreement had been agreed to.

  4. B.4 The agreement between the school and the teacher must also:

    1. (a) be in writing, name the School and the teacher and be signed by the school and the individual teacher and, if the teacher is under 18 years of age, the teacher’s parent or guardian;

    2. (b) state each term of this Policy that the school and the individual teacher have agreed to vary;

    3. (c) detail how the application of each term has been varied by agreement between the school and the individual teacher;

    4. (d) detail how the agreement results in the individual teacher being better off overall in relation to the individual teacher’s terms and conditions of employment; and

    5. (e) state the date the agreement commences to operate.

  5. B.5 The school must give the individual teacher a copy of the agreement within fourteen (14) days of being made and keep the agreement as a time and wages record.

  6. B.6 Except as provided in this Schedule the agreement must not require the approval or consent of a person other than the school and the teacher.

  7. B.7 If a school seeks to enter into an agreement under this clause it must provide a written proposal to the teacher. Where the teacher’s understanding of written English is limited the school must take measures, including translation into an appropriate language, to ensure the teacher understands the proposal.

  8. B.8 The agreement may be terminated:

(a) by the school or the teacher giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

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(b) at any time, by written agreement between the school and the teacher.

B.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between a school and a teacher contained in any other term of this Policy.

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ATTACHMENT B – CONSULTATION AND REDUNDANCY APPLICATION

  1. 1 This Part shall apply in respect of full-time, part-time and casual teachers employed in the classifications specified by the policy, except as provided below.

    1. b) The provisions of clauses 4 and 5 of this part shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of teachers and shall only apply to full time and part time employees of those employers.

    2. c) Notwithstanding anything contained elsewhere in this Policy, the provisions of clauses 4 and 5 of this part shall not apply to teachers with less than one year’s continuous service.

    3. d) The provisions of clauses 4 and 5 of this part shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual teachers, apprentices or teachers engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

  2. 2 SCHOOL’S DUTY TO NOTIFY AND DISCUSS

    1. a) Where a school has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on teachers, the School shall notify the teachers who may be affected by the proposed changes and the union to which they belong.

    2. b) ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the school’s workforce or in 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 teachers to other work or locations and the restructuring of jobs. Provided that where this Policy makes provision for alteration of any of these matters, an alteration is deemed not to have significant effect.

  3. 3 DISCUSSIONS WITH TEACHERS AND THEIR REPRESENTATIVES

    1. a) The school shall discuss with the teachers affected by the introduction of such changes, and their representatives, if any, the introduction of such changes, the likely effect on the teachers and the measures taken to avert or mitigate the adverse effects of such changes, as soon as is practicable after the School has made the decision described in sub clause 2 a).

    2. b) A teacher or teachers may appoint a representative for the procedures set out in this Part. If a teacher appoints or teachers appoint a representative for the purposes of consultation and the teacher or teachers notify the School of the identity and appointment of such representative the School must recognise that representative. Where a teacher is a member of the union, and informs the School of this, the union will be that teacher’s representative unless the

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5

teacher appoints another person or revokes the union’s status as his or her representative.

c) For the purposes of the discussion, the School shall, as soon as practicable, provide in writing to the teachers concerned and their representatives, if any, all relevant information about the proposed changes, including the reasons for and the nature of the proposed changes, the number and categories of teachers likely to be affected, the expected effects of the changes on teachers and any other matters likely to affect teachers provided that the School is not required to disclose confidential information the disclosure of which would be contrary to the School’s interests.

d) The School must give prompt consideration to matters raised by the teachers and/or their representatives in relation to the major changes.

4. NOTICE FOR CHANGES IN PRODUCTION, PROGRAMME, ORGANISATION OR STRUCTURE

4.1 Notice Generally

This subclause sets out the notice provisions to be applied to terminations by the School for reasons arising from production, program, organisation or structure in accordance with clause 2 of this part. The provisions of this clause only apply to a school if it employs 15 or more employees immediately before the termination of employment of a teacher or teachers due to redundancy.

  1. (i) In order to terminate the employment of a teacher due to redundancy the School shall give to the teacher at least 6 weeks notice.

  2. (ii) In addition to the notice above, teachers over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

  3. (iii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. The employment may be terminated by the School giving part of the period of notice specified and part payment in lieu of the balance of the period of notice.

Notice for Technological Change

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from the introduction of major changes in technology in accordance with clause 2 of this part.

  1. a) In order to terminate the employment of a teacher the School shall give to the teacher three months notice of termination.

  2. b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. The employment may be terminated by the School giving part of the period of notice specified and part payment in lieu of the balance of the period of notice.

  3. c) The period of notice required by this subclause to be given shall be deemed to be service with the School for the purposes of the Act.

Time off during the Notice Period

6

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  1. a) During the period of notice of termination given by the School a teacher shall be allowed up to one day’s time off without loss of pay during each week of the period of notice, to a maximum of the period of notice required by this Part, for the purposes of seeking other employment. For the avoidance of doubt, this means that a teacher is entitled to be absent, with pay, for the purpose of seeking employment, during 1 day per week for the NES period of notice. Absence with pay for part of 2 or more days during a week is not contemplated by this clause. However, the School and a teacher may agree that the one day’s time off be spread over a number of days. A part-time teacher is entitled to paid time off for the purpose of seeking employment, on a pro-rata basis. Time off pursuant to this clause is to be taken at a mutually convenient time, following consultation between the teacher and the School.

  2. b) If the teacher has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the teacher shall, at the request of the School, be required to produce proof of attendance at an interview or the teacher shall not receive payment for the time absent. For this purpose, a statutory declaration is sufficient.

  3. c) This entitlement applies instead of clause 6.3.

  1. 7 Employee leaving during the Notice Period

    If the employment of a teacher is terminated (other than for misconduct) before the notice period given by the School expires, the teacher shall be entitled to the same benefits and payments under this part had the teacher remained with the school until the expiry of such notice. However, in such circumstances the teacher shall not be entitled to payment in lieu of notice. If the teacher decides to leave earlier than the date the notice period given by the School expires, the teacher must give at least the notice required for resignation by a teacher.

  2. 8 Statement of Employment

    The School shall, upon receipt of a request from a teacher whose employment has been terminated, provide to the teacher a written statement specifying the period of the teacher’s employment and the classification of or the type of work performed by the teacher.

  3. 9 Centrelink Employment Separation Certificate

    The School shall, upon receipt of a request from a teacher whose employment has been terminated due to redundancy, provide to the teacher an ‘Employment Separation Certificate’ in the form required by Centrelink.

  4. 10 Transfer to Lower Paid Duties

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Where a teacher is transferred to lower paid duties for reasons set out in clause 2 of this part, the teacher shall be entitled to the same period of notice of transfer as the teacher would have been entitled to if the teacher’s employment had been terminated, and the School may at the School’s option make payment in lieu thereof 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.

11 SEVERANCE PAY

11.1 The provisions of this clause only apply to a school if it employs 15 or more employees immediately before the termination of employment of a teacher or teachers due to redundancy. Where the employment of a teacher is to be terminated pursuant to clause 4 of this part, subject to further order of Fair Work Australia, the School shall pay the following severance pay in respect of a continuous period of service:

Period of continuous service

Less than 1 year
1 year and less than 2 years
2 years and less than 3 years 3 years and less than 4 years 4 years and less than 5 years 5 years and less than 6 years 6 years and less than 7 years 7 years and less than 8 years 8 years and less than 9 years 9 years and less than 10 years 10 years and over

Severance pay

Nil
4 weeks’ pay* 6 weeks’ pay 7 weeks’ pay 8 weeks’ pay 10 weeks’ pay 11 weeks’ pay 13 weeks’ pay 14 weeks’ pay 16 weeks’ pay 12 weeks’ pay

‘Weeks Pay’ means the all purpose rate of pay for the teacher concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over agreement payments, shift penalties and allowances provided for in this Policy.

12 Incapacity to Pay

Subject to an application by the School and further order of Fair Work Australia, a school may pay a lesser amount (or no amount) of severance pay than that contained in subclause 11.1

The Fair Work Commission shall have regard to such financial and other resources of the school concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause h (i) above will have on the School.

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13 Alternative Employment

Subject to an application by the School and further order of the Fair Work Commission , a school may pay a lesser amount (or no amount) of severance pay than that contained in subclause 11.1 if the School obtains acceptable alternative employment for a teacher.

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1.

2.

General

3.

The parties acknowledge the value of a dispute resolution procedure in this Policy which is to be used to resolve a dispute. Subject to the provisions of the Act, all grievances or disputes in relation to matters arising under this Policy or the NES shall be dealt with in the manner set out in this clause.

Discussion within School

  1. (a) Any grievance or dispute which arises shall, where possible, be settled by discussion between the teacher and the School in accordance with any procedures that have been adopted by the School. This may include discussions between the teacher or teachers concerned and the relevant supervisor (subject, department or school section head). If such discussions do not resolve the dispute, the procedure may require discussions between the teacher or teachers concerned and more senior levels of management as appropriate.

  2. (b) Should the matter not be resolved, the parties may agree to submit the dispute to an agreed mediator for the purpose of mediation. If the parties do not agree to mediation or if no agreement can be reached on an agreed process for mediation and the person who shall conduct the mediation, the matter may be referred by either party to the Fair Work Commission for conciliation.

  3. (c) Should the matter not be resolved in accordance with the above procedures it may be referred by either party to the Fair Work Commission or any other person agreed between the parties for conciliation.

Process of Mediation

If the parties choose to participate in mediation:

  1. (a) both parties shall confer and reach agreement on the process for mediation and the person who shall conduct the mediation;

  2. (b) both parties shall participate in the mediation process in good faith;

  3. (c) both parties shall observe the instructions of the mediator about the conduct of the mediation, provided that such instructions comply with any applicable requirements of the Act;

  4. (d) the mediation procedure is confidential and neither party can use as evidence in arbitration or court proceedings any discussion between the parties and between the parties and the mediator or any written statements prepared for the mediator or for a party;

  5. (e) both parties are entitled to the assistance of a support person for the purpose of these procedures; and

  6. (f) both parties agree not to commence proceedings under the Act or for damages for breach of this Policy unless this dispute resolution procedure has been followed without a satisfactory conclusion reached.

Process of Conciliation

During the conciliation the Fair Work Commission may:

4.

ATTACHMENT C – DISPUTE RESOLUTION

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5.

  1. (a) arrange conferences of the parties or their representatives at which a Commissioner or conciliator is present; and

  2. (b) require the attendance of the parties or their representatives; and

  3. (c) arrange for the parties or their representatives to confer among themselves at conferences at which a Commissioner is not present; and

  4. (d) if requested by a party, make non-binding recommendations to settle the dispute. Such recommendation shall not be binding on the parties to the dispute and shall not affect any other remedies the parties may have in relation to the dispute.

Conduct during Mediation or Conciliation

  1. (a) A teacher who is a party to a dispute must, while the dispute is being resolved:

    1. (i) continue to work in accordance with his or her contract of employment, unless the teacher has a reasonable concern about an imminent risk to his or her health or safety; and

    2. (ii) comply with any reasonable direction given by the school to perform other available work, either at the same workplace or at another workplace.

  2. (b) In directing a teacher to perform other available work, the school must have

regard to:

  1. (i) the provisions (if any) of the law of the Commonwealth or of a State or Territory dealing with occupational health and safety that apply to that teacher or that other work; and

  2. (ii) whether that work is appropriate for the teacher to perform.

Representatives

The School or the teacher may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

6.

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ATTACHMENT D– STATEMENT OF FAITH

At the very core of Thornlie Christian College is the Christian faith. Following are the College’s principles of faith:

THE GODHEAD

We believe there is one God, eternally existing in three persons, Father, Son and Holy Spirit. Deut. 6:4, Is. 40:28, 2 Cor 13:14.

THE SOVEREIGNTY OF GOD

We believe that God, being sovereign, exercises supreme and absolute control over all creation. We believe that the universe was created by the express Word of the Sovereign God, and not by chance evolutionary processes. 1 Chron. 29:11, 12, Dan. 4:35, Gen 1, 2, Ps 33:6, John 1:3.

THE HOLY SCRIPTURES.

We believe the Bible as originally written to be the inspired Word of God, authoritative and inerrant. The Bible contains all that is necessary for salvation, and sets absolute standards for every age and life, no other authority is necessary. Ps 119, 2 Tim 3:16, 17, 2 Peter 1:20, 21, Matt 5:18, John 16:12, 13.

THE DEITY AND WORK OF CHRIST

We believe in the Deity of our Lord Jesus Christ, who though being the eternal Son of God, humbled Himself and became man. He was conceived of the Holy Spirit and born to the virgin Mary, so that He could reveal God and redeem sinful man. He accomplished our redemption and atonement by His sinless life, and His sacrificial death on the cross as our representative and substitute. His bodily resurrection is the assurance that our salvation has been accomplished. He is now in heaven exalted at the right hand of God, where He is our High Priest and advocate. We believe that He will return in power and glory to set up His Kingdom. John 1:1,2,14,Philip 2:6-8, Luke 1:35, John 14:7, Rom 3:24,25, 1 Cor.15:3-8, Rom 4:25, 1 Pet. 1:3-5, Eph 1:20, Heb 4:15, 9:24, 7:25, Matt. 24:30,31, 25:31-34.

SATAN

We believe that Satan is a real being. Throughout the Bible he is always shown to be hostile to God and man. His defeat has been accomplished by the sinless life, death and resurrection of Jesus Christ. Victory over Satan and his works will be complete at the end of the age. Gen 3:1-6, Rev 12:9,10, Job 1:6,7, Matt 4:2-11, Is. 14:12-17, John 8:44, 1 Pet. 5:8, Acts 26:18, 1 John 3:8, Heb 4:15, 7:26, 2:14, Rom. 6:8,9. Rev. 20:10.

THE LOST STATE OF MAN

We believe that man was created in the image of God, but through Satan’s activity and Adam’s subsequent sin, inherited a sinful nature, became alienated from God and is unable to regain his original condition by his own efforts. Gen. 1:26, 27, 3:1-6, Rom 5:12, Eph 2:12, Rom 3:23, Is 64:6, 7.

SALVATION

We believe that salvation is the free gift of God, given to man by grace and received by personal faith in the Lord Jesus Christ. There is no other way to re-establish man’s broken relationship with God. Eph. 2:8-10, John 1:12, Eph. 1:7, Acts 4:12.

THE ETERNAL FUTURE

We believe in the resurrection of both the saved and the lost – they who are saved to eternal life in heaven, and they who are lost to eternal damnation in hell. Luke 16:19-26, 23:43, 2 Cor 5:8, 2 Thess. 1:7-9, Rev. 20:11-15).

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THE PERSON AND WORK OF THE HOLY SPIRIT

We believe that the Holy Spirit is a person, is God, and therefore possesses all the divine attributes. He convicts the world of sin, righteousness and judgement. He indwells believers when they accept Jesus Christ as Lord and Saviour, sealing them for the day of redemption. His work continues in the life of believers, to produce in them a Christ-like character. It is the task of the Holy Spirit to glorify Jesus and reveal his word. Gen 1:2, Acts 13:2, 2 Cor. 3:18, Rom. 8:9, 1 Cor. 6:17, Eph. 1:13, 14, 1 Cor. 12:12-14, Eph. 5:18, John 16:8-14, Eph. 4:30, Matt. 1:21.

THE CHURCH

We believe that the holy universal Church is made up of all born again believers. It is both a spiritual and physical body, of which Jesus Christ is the head. Eph. 5:25, 27, 1Cor. 12:12-14, Eph. 1:22, 23.

CHRISTIAN EDUCATION

We believe that learning for its own sake, or in isolation from knowledge of God and His plan, is of limited value. It is the function of Christian education to encourage the search for truth in the context of God’s sovereignty, and His created universe. Eccl.1:18, 1 Cor.3:19, Eph. 6:4, Prov. 22:6, 9:9,10, 16:4, John 18:37, 17:17, 14:6.