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ST HILDA’S ANGLICAN SCHOOL FOR GIRLS (INC) (ENTERPRISE BARGAINING) AGREEMENT 2008
AG 10 of 2008
2008 WAIRC 00381
1. - TITLE
This agreement shall be known as the St Hilda's Anglican School for Girls (Inc) (Enterprise Bargaining) Agreement 2008 and shall replace St Hilda’s Anglican School for Girls Inc (Enterprise Bargaining) Agreement 2006.
2. - ARRANGEMENT
1. Title2. Arrangement3. Parties to the Agreement4. Scope of the Agreement5. Date and Duration of Agreement6. Relationship to Parent Awards7. Single Bargaining Unit8. Objectives9. Professional Practices10. Salary and Allowances11. Conditions of Employment12. Dispute Resolution Procedure13. No Further Claims14. No Reduction15. No Precedent16. Signatories
Appendix 1 – Independent Schools’ Teachers Award 1976Appendix 2 - Teachers’ Aides’ (Independent Schools) Award 1988
3. - PARTIES TO THE AGREEMENTThis Agreement is made between St Hilda's Anglican School for Girls (Inc) (the School), the Independent Education Union of Western Australia, Union of Employees (the IEUWA) and the Liquor, Hospitality and Miscellaneous Union, WA Branch (the LHMU), registered organisations of employees.
4. - SCOPE OF THE AGREEMENT(1) This Agreement shall apply to all staff who are employed within the scope of the Awards as set out
in Clause 6 of this Agreement, in Western Australia and who are members or are eligible to be members of the Unions party to this Agreement.
(2) The number of employees covered by this Agreement is 125.
5. - DATE AND DURATION OF AGREEMENT(1) This Agreement shall come into effect on the 1 January 2008 and shall apply until 31 December
2010.
(2) The representatives of the School and the teaching staff (the Representatives) agree to meet no later than six months before the conclusion of the Agreement to commence negotiations for a new agreement.
(3) St Hilda’s is committed to providing a salary above that offered by the Department of Education and Training (DET). Should DET salaries increase significantly to erode the base salary gap or base salaries at comparable independent schools increase at a rate significantly higher than this agreement, then the parties may recommence negotiations related to the stated increase of 5% from 1 January 2010.
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6. - RELATIONSHIP TO PARENT AWARDS
(1) Subject to sub clause (2) of this clause, the terms of the below mentioned Awards, as those terms stood at the date of certification of this Agreement, are incorporated into this agreement and bind the relevant parties to this agreement as if those terms were set out in the body of this agreement.
Independent Schools’ Teachers’ Award 1976;Teachers’ Aides’ (Independent Schools) Award 1988
(2) Where there is any inconsistency between this Agreement and the relevant awards (as per appendices 1 - 2), this Agreement will prevail to the extent of the inconsistency.
7. - SINGLE BARGAINING UNIT
The parties to this Agreement have conducted negotiations and reached full agreement.
8. - OBJECTIVES
St Hilda’s is committed to providing an outstanding education for girls. Based on this premise, the nature and purposes of this Agreement are to:
(1) Encourage further the pursuit of excellence in the teaching and learning environment of the School.
(2) Develop a shared commitment to the provision of a nurturing working environment which values teachers as committed professionals, while recognising family responsibilities.
(3) Ensure the School is well-positioned to attract and retain the highest quality staff.
(4) Ensure that the School and the staff are genuine participants in the on-going implementation and review of the School’s aims, objectives and philosophy.
(5) Develop a shared responsibility for enhancing the School’s reputation and promoting it to the wider community.
(6) Clarify terms and conditions of employment as practiced at the School.
9. - PROFESSIONAL PRACTICES
The parties are committed to the development of staff professional practices as it is believed that the pursuit of an excellent teaching and learning programme and environment is best attained by staff who both value and who have opportunities for professional growth. The parties have a shared commitment to provide a nurturing working environment in which staff embrace the School’s pastoral care programme and value and engage in performance appraisal and professional development activities. It is recognised that a commitment to the improvement of professional practice necessitates a time commitment and the active involvement of all staff.
(1) Pastoral Care
The parties are committed to continuing to enhance pastoral care for both students and staff.
(a) Proactive pastoral care of students is seen as the responsibility of every teacher and education assistant. To meet this responsibility staff will be assisted by a continuing programme of professional development.
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(b) Pastoral care for staff will support them in balancing professional and personal responsibilities, recognizing that the circumstances of individual teachers and education assistants will change from time to time and throughout their career.
(c) It is acknowledged that in certain circumstances professional employee counseling services for staff may be required. The School will assist in providing reasonable support and the extent of the services will be determined in consultation with the staff member.
(2) Performance Appraisal
The School is committed to systematic performance appraisal which:
Encourages regular reflection and feedback on performance
Ensures that the individual’s goals and directions are consistent with those of the School
Guides personal and professional development
Guides career development
(3) Professional Development
(a) The parties agree to the professional development needs of staff (at the whole school, departmental and individual levels) being identified systematically and collaboratively on an annual basis.
(b) The parties acknowledge that the responsibility for professional development is shared and that it should be undertaken on a shared basis in school time, in ways that minimise disruptions to students and additional costs, and in staff time. It is believed that the resources needed for professional development should be provided on a shared basis by the School and the staff according to the guidelines formulated by the professional development committee.
10. - SALARY AND ALLOWANCES
(1) Teachers
(a) It is agreed that the current salary scale be replaced as demonstrated in the following step conversion table:
Salary Steps 2008 New Band 1/01/20081 n/a2 n/a3 n/a4 n/a5 1.16 1.17 1.28 1.39 2.110 2.111 2.212 3.113 3.2
ST1 MT1
(b) With reference to the conversion table above, salary scales from 1 January 2008 are as follows:
Description Band 1 Jan 2008 1 Jan 2009 1 Jan 20105% 5%
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Graduate 1.1 $55,000 $57,750 $60,638Graduate 1.2 $57,500 $60,375 $63,394Graduate 1.3 $60,000 $63,000 $66,150Competent 2.1 $64,500 $67,725 $71,111Competent 2.2 $67,000 $70,350 $73,868Accomplished 3.1 $71,000 $74,550 $78,278Accomplished 3.2 $74,500 $78,225 $82,136
(c) On appointment, a teacher shall be placed on the appropriate salary band according to qualifications and full-time experience. Teachers will then proceed by increments on completion of each full time equivalent year of service up to and including Band 3.2.
(d) Transitional arrangements:Teaching staff employed at the time of signing this agreement who are on Step 10 or Step 11 of the existing 13 step scale, will remain on this system assuming an agreed 7%+5%+5% salary increase for 2008-2010 until such time as they reach Step 13 and move to Band 3.2 of the new structure. All other staff will move to the new Band structure.
(e) Monetary allowances for positions of responsibility are a percentage of the School’s Band 3.2 rate as follows:
Promotional Positions Master TeachersDescription Percentage 1 Jan 2008 Description Percentage 1 Jan 2008Level 4 5% $3,725 MT 1 4% $2,980Level 3 10% $7,450 MT 2 10% $7,450Level 2 15% $11,175Level 1 25% $18,625
A teacher shall not be entitled to hold a promotional position and a Master Teacher classification simultaneously.
(f) Progression to Master Teacher:(i) After one year at 3.2 a teacher may apply to the Principal for a Master Teacher 1 classification.
(ii) A teacher who has been classified as a Master Teacher 1 for a minimum of three years may apply to the Principal for Master Teacher 2 classification.
(g) School psychologists who have attained full registration status with the Psychologists’ Board of Western Australia shall receive a 2.5% loading in addition to the salary payable on the St Hilda’s teachers’ scale.
(h) Any arbitrated safety net adjustments applied to the Award shall be absorbed into the salary rates prescribed in this Agreement.
(2) Education Assistants
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(a) The hourly and annual gross salary rates as set out in the School’s Step 13 scale are as follows:
Step 2008 (+6.5%) 2009 ( +5%) 2010 ( +5%)
Hourly Annual Hourly Annual Hourly Annual
12345678910111213
$17.04 $17.27 $17.54 $17.87 $18.24 $18.73 $19.13 $18.82 $19.22 $19.64 $20.14 $20.44 $20.65
$29,775 $30,177$30,649$31,225$31,872$32,728$33,427$32,885$33,584$34,318$35,192$35,716$36,083
$17.89$18.14 $18.42 $18.76 $19.16 $19.67 $20.08 $19.76 $20.18 $20.62 $21.15 $21.46 $21.68
$31,260 $31,697 $32,186 $32,780 $33,479 $34,371 $35,087 $34,528 $35,262 $36,031 $36,957 $37,498 $37,883
$18.79 $19.04 $19.34 $19.70 $20.11 $20.65 $21.09 $20.75 $21.19 $21.65 $22.20 $22.53 $22.77
$32,833$33,270 $33,794 $34,423 $35,139 $36,083 $36,852 $36,258 $37,027 $37,830 $38,791 $39,368 $39,787
(b) Any arbitrated safety net adjustments applied to the Award shall be absorbed into the salary rates prescribed in this Agreement.
(c) Effective 1 January 2004 the ordinary hours of work of a full-time education assistant shall be 33.5 to be worked between Monday and Friday inclusive.
11. - CONDITIONS OF EMPLOYMENT
(1) Leave
In considering provision for staff leave it is important to maintain as well as possible, the continuity of staff-class relationships.
(a) Long Service Leave
(i) Notwithstanding the Long Service Leave provision of Awards (as per appendices 1 and 2); from 1 January 2006 a teacher or an education assistant who has completed 8 years continuous service with the School shall be entitled to 10 weeks paid Long Service Leave.
(ii) For each subsequent period of 7 years continuous service, a teacher or education assistant shall be entitled to an additional 10 weeks paid Long Service Leave
(iii) In calculating an employee’s entitlement under this clause or the Awards (as per appendices 1 and 2), the following additional transitional provisions shall apply:
(aa) Teachers
Continuous service prior to 1 January 2006 shall be taken into account in the following manner:
In the case of an employee who has already accrued an entitlement to Long Service Leave prior to 1 January 2006 and who has subsequent continuous service of more than 7 but less than 8 years, from 1 January 2006 shall be entitled to their next Long Service Leave entitlement with any continuous
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service of more than 7 years being recognised as continuous service towards their subsequent entitlement of Long Service Leave calculated in accordance with the provisions of sub-clauses (i) and (ii) except for any period of continuous service between 1 January 1998 and 31 December 2005 which shall be an amount calculated on the basis of 10.4 weeks Long Service Leave for each 8 years of continuous service.
In the case of an employee who has already accrued an entitlement to Long Service Leave prior to 1 January 2006 and who has subsequent continuous service of less than 7 years, from 1 January 2006 shall accrue entitlements to Long Service Leave calculated in accordance with the provisions of sub-clauses (i) and (ii) except for any period of continuous service between 1 January 1998 and 31 December 2005 which shall be an amount calculated on the basis of 10.4 weeks Long Service Leave for each 8 years of continuous service.
In the case of an employee who has completed less than 8 years continuous service, from 1 January 2006 shall accrue entitlements to Long Service Leave calculated in accordance with the provisions of sub-clauses (i) and (ii) except for any period of continuous service prior to 1 January 2006 which shall be an amount calculated on the basis of 10.4 weeks Long Service Leave for each 8 years continuous service.
(bb) Education Assistants
Continuous service prior to 1 January 2006 shall be taken into account in the following manner:
In the case of an employee who has already accrued an entitlement to Long Service Leave prior to 1 January 2006 and who has subsequent continuous service of more than 7 but less than 8 years, from 1 January 2006 shall be entitled to their next Long Service Leave entitlement with any continuous service of more than 7 years being recognised as continuous service towards their subsequent entitlement of Long Service Leave calculated in accordance with the provisions of sub-clauses (i) and (ii) except for any period of continuous service between 1 January 2004 and 31 December 2005 an amount calculated on the basis of 10.4 weeks Long Service Leave for each 8 years of continuous service and prior to 1 January 2004 an amount calculated on the basis of 13 weeks Long Service Leave for each 15 years of continuous service.
In the case of an employee who has already accrued a first entitlement to Long Service Leave prior to 1 January 2006 and who has subsequent continuous service of less than 7 years, from 1 January 2006 shall accrue entitlements to Long Service Leave calculated in accordance with the provisions of sub-clauses (i) and (ii) except for any period of continuous service between 1 January 2004 and 31 December 2005 an amount calculated on the basis of 10.4 weeks Long Service Leave for each 8 years of continuous service and prior to 1 January 2004 an amount calculated on the basis of 13 weeks Long Service Leave for each 15 years of continuous service.
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In the case of an employee who has completed less than 8 years continuous service, from 1 January 2006 shall accrue entitlements to Long Service Leave calculated in accordance with the provisions of sub-clauses (i) and (ii) except for any period of continuous service between 1 January 2004 and 31 December 2005 an amount calculated on the basis of 10.4 weeks Long Service Leave for each 8 years of continuous service and prior to 1 January 2004 an amount calculated on the basis of 13 weeks Long Service Leave for each 15 years of continuous service.
(iv) Where a teacher or education assistant has completed at least 6 years continuous service but less than 8 years continuous service and employment is terminated for reasons other than serious misconduct, accrued Long Service Leave entitlement shall be paid to the staff member.
(v) On termination of the staff member’s employment in any circumstances otherwise than for serious misconduct the staff member shall be entitled to payment of Long Service Leave in respect of the number of years service with the School completed since the staff member last became entitled to an amount of Long Service Leave of a proportionate amount on the basis of 10 weeks for 7 years service.
(vi) Teachers or education assistants who have been employed full-time for the entitlement period will be paid at their current full-time rate. Staff who have been employed on a combination of full-time and part-time during the entitlement period or employed part-time at a fixed or varying part-time fraction, shall be paid at an average pro-rata rate of the current full-time rate.
(vii) From 1 January 2004 all Long Service Leave will be required to be taken within 18 months of it falling due, unless the staff member has indicated in writing his/her intention to retire within 24 months or unless special circumstances pertain which affect the staff member or the School.
(aa) If a staff member defers the Long Service Leave beyond 18 months of it falling due such leave will be paid at the rate prevailing on the date on which it fell due.
(bb) If the School wishes the staff member to defer the Long Service Leave such leave will be paid at the rate prevailing at the time the staff member takes the leave.
(cc) An extension of the leave on reduced pay may be negotiated with the Principal.
(dd) In consultation with the Principal, Long Service leave may be taken in two 5 week (half-term) blocks.
(viii) The School shall notify staff members in writing of their pending Long Service Leave entitlement not less than 12 months prior to it falling due.
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(b) Maternity Leave
Maternity leave shall be granted for a minimum of the paid leave period and up to 104 weeks. In special circumstances an additional term may be granted (eg. Term 4). Permanent members of staff will be eligible for paid maternity leave as follows from 2008:
4 weeks after 2 years continuous service8 weeks after 3 years continuous service
(c) Return to Work Payment
To facilitate a staff member’s return to work after Maternity Leave, a Return to Work payment of:
2 weeks after 2 or more years of continuous service will be paid on re-commencement of pre Maternity Leave FTE work.
This payment will be granted subject to the staff member undertaking to return to their pre-Maternity Leave FTE for a period of at least one full School year. This payment will be pro-rata for FTE less than full-time.
Failure to comply will require the staff member, who has received the 2 weeks paid return to work payment, to repay the monetary equivalent of the payment granted and/or have it deducted from any termination payments due.
(d) Paternity Leave
Up to five days paid paternity leave shall be granted after consultation with the Principal up to the child’s 1st birthday.
Unpaid paternity leave of 52 continuous weeks may be granted after consultation with the Principal.
(e) Carers’ Leave
(i) A teacher or education assistant may take in one year of service up to ten days of paid leave from the accrued sick leave and 2 days unpaid leave to care for a family* member in need of care provided that the teacher or education assistant:
informs the Principal of the need for Carers’ Leave and the estimated period of absence at the first opportunity; and
the staff member shall, if required, provide to the Principal evidence that would satisfy a reasonable person of the entitlement.
(ii) Such leave shall not accrue from year to year.
(iii) Such leave shall not prejudice a teacher’s or education assistant’s right to special leave in accordance with the provisions of the Award (as per appendices 1 and 2).
* In this clause the word “family” shall include: parents, grandparents, siblings, parents-in-law, step parents, spouse, former spouse, defacto spouse, children, step children, grandchildren, and at the discretion of the Principal, other persons for whom the teacher or education assistant has responsibility.
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(f) Special Leave
A teacher or education assistant shall, on sufficient cause being shown, be granted special leave with pay.
(i) “Sufficient cause” is defined as a matter or situation for which;
no other paid leave is available;
no other arrangements can reasonably be made;
the absence from duty is required due to pressing necessity.
(ii) The period is determined by mutual agreement having regard to all of the circumstances.
(g) Compulsory school camps time in lieu
(i) Leave will be granted as time-in-lieu to staff who attend compulsory year camps on the following basis:
Weekday only camp 3 - 5 days 0.5 days in-lieu or
Weekend camp for each weekend 1 day in-lieuday worked
The time is to be taken, in consultation with the Head of Junior School or Dean of Curriculum, at a time that has minimal disruption to the learning programme.
(ii) Part-time staff will be paid full-time during compulsory camps.
(h) Sick Leave
In exceptional and compassionate circumstances the Principal, may on application in writing by an employee including appropriate medical certification, approve sick leave accumulated by an individual to be taken in excess of the relevant award (as per appendices 1 and 2) restrictions for any one year of service, provided no other paid leave is available. If the Principal declines access to such leave, the matter can be referred to the Chair of Council.
(2) Remuneration
(a) Fortnightly pay
Salaries and allowances shall be paid fortnightly in arrears as soon as possible after the commencement of this Agreement.
(b) Salary packaging
Salary packaging is available under the terms and conditions as will be agreed between the packaging provider, the teacher and the School.
(c) Deferred Salary Scheme.
(i) Staff may arrange in writing with the Principal to defer 20% of their salary for 4 consecutive years and be paid that money in even fortnightly installments whilst on leave during the 5th year.
(ii) The leave during the 5th year cannot be taken in conjunction with Long Service Leave.
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(iii) It is recognised that the amount paid in a year may be less than the Award minimum (as per appendices 1 and 2).
(iv) The year of leave would not count for the accrual of entitlements but not be deemed a break in continuous service.
(v) If the staff member leaves the School’s employ before the leave is taken, the unpaid salary will be paid to the staff member.
(vi) If, during the time of the arrangement the staff member’s salary is increased by promotion the salary, while on leave, will be adjusted proportionately to allow for the value of the salary deductions made.
(vii) Staff who have arranged a deferred salary scheme need to apply separately in writing to the Principal for leave.
(3) Education of children of members of staff
25% discount on actual tuition fees paid by a permanent staff member, after deducting any other discounts (such as scholarships) which may be applicable. This will be applied at a pro rata percentage for children of permanent part-time staff members.
(4) Redundancy
(a) It is acknowledged that redundancy is a termination of services because the position the staff member occupied is no longer available.
(b) In considering which employee is to be made redundant the School will:
(i) assess its needs;
(ii) look at the job being performed and not the individual;
(iii) look at any flexibility offered by the employees being considered;
(iv) check with staff as to future plans (for example, long service leave, early retirement options or leave without pay) which may impact on the need for a redundancy;
(v) terminate positions at the end of the school year whenever possible;
(c) When there are a number of employees competing for a limited number of positions, decisions about which employees are to be retained will be made after a thorough review of the School’s requirements in specific work areas and the qualifications and expertise of the employees.
All employees of the School will be informed of the procedures which will be undertaken in order to reach a fair and equitable outcome for all concerned.
(d) To assist the redundant employee the School will:
(i) offer part-time or relief employment if this is possible;
(ii) check with other schools to see whether there is a suitable vacancy;
(iii) provide secretarial assistance with job applications;
(iv) permit paid leave to attend job interviews;
(v) provide the employee with a reference and a statement to the effect that he/she is redundant if alternate employment is found either for or by the employee;
(vi) provide the employee with a redundancy payment.
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(e) The following redundancy scale will apply for permanent staff:
Less than 1 year 4 weeks payAfter 1 year 6 weeks payAfter 2 years 8 weeks payAfter 3 years 10 weeks payAfter 4 years an additional week for each year of service above 3 years up to a
maximum of 19 years.
(5) Probationary teachers
A teacher, who at the end of the initial twelve months service with the school is deemed by the school not to have developed adequate teaching skills or not to have accepted completely the school’s ethos, may be appointed as a temporary teacher and subject to Clause 2. – Induction of Appendix 1 of the Award (Appendix 1).
(6) Payment of relief teachers
Notwithstanding the provisions of subclause (5) of Clause 14 – Salaries of the Award (Appendix 1), relief teachers, employed for five (5) days or less, may be paid a daily rate or a pro-rata rate of no less than 3 hours on the basis of the periods worked in relation to the number of periods in the particular school day.
(7) Teacher commitment and professional duties
(a) Details are outlined in the School’s Teacher Handbook current at date of registration.
(b) Significant changes to matters contained therein will be undertaken by a process of consultation and mutual agreement between the parties.
12. - DISPUTE RESOLUTION PROCEDURE
A dispute is defined as any question, dispute or difficulty arising out of this Agreement.The following procedure shall apply to the resolution of any dispute:
(1) The parties to the dispute shall make reasonable attempts to resolve the matter by mutual discussion and determination.
(2) If the parties are unable to resolve the dispute, the matter, at the request of either party, shall be referred to a meeting between the parties to the agreement together with any additional representative as may be agreed by the parties.
(3) If the matter is not then resolved it may be referred to the Western Australian Industrial Relations Commission for Conciliation/Arbitration.
13. - NO FURTHER CLAIMS
It is a condition of this Agreement that the parties will not seek any further claims with respect to salaries or conditions unless they are consistent with the State Wage Case Principles.
14. - NO REDUCTION
Nothing contained herein shall allow the School to reduce the salaries or conditions of a teacher or education assistant which prevailed prior to entering into this Agreement, except where provided by this Agreement.
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15. - NO PRECEDENT
It is a condition of this Agreement that the parties will not seek to use the terms contained herein as a precedent for other enterprise agreements, whether they involve the School or not.
16. - SIGNATORIES
………………………………….. …………………………………..(Signature) (Signature)
NIGEL BRIGGS…………………………………. …………………………………. .(Name of signatory in block letters) (Name of signatory in block letters)St Hilda’s Anglican School for Independent Education Union of WesternGirls (Inc) Australia, Union of Employees
…………………………………..………..(Signature)
…………………………………………….(Name of signatory in block letters)Liquor, Hospitality and Miscellaneous Union, WA Branch
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Appendix 1
Independent Schools' Teachers Award 1976
1. - TITLE
This Award shall be known as the "Independent Schools' Teachers'" Award 1976 and replaces Award No. 35 of 1960 as amended and consolidated.
1B. - MINIMUM ADULT AWARD WAGE
(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2) The minimum adult award wage for full-time employees aged 21 or more is $528.40 per week payable on and from the first pay period on or after 1 July 2007.
(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.
(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8) Subject to this clause the minimum adult award wage shall –
(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2007 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
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Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $448.65 per week on and from the commencement of the first pay period on or after 1 July 2007 and $466.65 on and from the commencement of the first pay period on or after 1 September 2007.
(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.
2. - ARRANGEMENT
1. Title1B. Minimum Adult Award Wage2. Arrangement2A. State Wage Principles – June 19913. Area4. Scope5. Definitions6. Contract of Service7. Special Leave8. Sick Leave9. Leave Without Pay10. Holiday and Vacation Leave11. Long Service Leave12. Carer’s Leave13. Bereavement Leave14. Salaries15. Right of Entry16. Protective Clothing17. Parental Leave18. Location Allowances19. Travelling Allowances20. Salary Records21. Inspection of Records22. Superannuation23. Consultative Provisions24. Redundancy Provisions
Appendix – Resolution of Disputes RequirementAppendix 1 -1 – Teacher Appraisal2 – Induction3 – Progression to a Higher ClassificationSchedule A – Salaries (ASNA)Schedule B – Parties
2A. - STATE WAGE PRINCIPLES - JUNE 1991
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It is a term of this award that the Union undertakes for the duration of the Principles determined by the Commission in Court Session in Application No. 704 of 1991 not to pursue any extra claims award or overaward except when consistent with the State Wage Principles.
3. - AREA
This Award shall apply to the whole of the State of Western Australia.
4. - SCOPE
This Award applies to teachers (as defined) employed in the classifications mentioned in Clause 14. - Salaries of this Award, but it does not apply to a person who is in Holy Orders or who is a member of a religious teaching order unless it is so stated in a written contract of employment between that person and the school in which he/she is engaged in teaching duties.
5. - DEFINITIONS
(1) "Teacher" shall mean any person employed on the teaching staff of an independent school but does not include the Deputy Principal or the Principal.
(2) "Part-time Teacher" shall mean a teacher employed regularly on the staff of an independent school and who works less than the normal hours that a full-time teacher is required to work.
(3) "Temporary Teacher" shall mean a teacher engaged as full-time or part-time as a replacement teacher or such other purpose as may be required to fulfil the teaching obligations of the school, provided that the period of engagement of a temporary teacher shall be not less than twenty consecutive working days and not more than a period of twelve months, except where the substantive teacher on unpaid leave is granted an extension the temporary teacher’s engagement may be extended for the period of this extension.
(4) "Relief Teacher" shall mean a teacher employed part-time or full-time on a daily or half daily basis for a period not exceeding nineteen consecutive days in the same school.
(5) "Independent School" shall mean a school which is an efficient school within the meaning of the School Education Act 1999 and which is not administered by or on behalf of the Government of Western Australia.
(6) "Promotional Position" shall mean a position which involves:
(a) the supervision of other members of staff
and/or
(b) administrative duties in excess of those usually required of a teacher in an Independent School
and/or
(c) pastoral care duties or any other Promotional Position responsibilities in excess of those usually required of a teacher in an Independent School.
(7) "Senior Teacher" shall mean a teacher, appointed as such in accordance with the provisions of this award, who has demonstrated high level skills and practice in teaching and who participates as a team member in the development of the school.
(8) “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.
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6. - CONTRACT OF SERVICE
(1) (a) A teacher shall, upon engagement, be given a letter of appointment in which the general conditions and the special conditions (if any) of his/her appointment are stated. A copy of that letter shall be retained by the school and signed by the teacher within one week of commencing work. This subclause shall not apply to a relief teacher.
(b) The conditions stated in the letter of appointment shall, while the employment continues, be observed by the parties and shall not be subject to any alteration of significance without the consent of the teacher.
(c) Paragraph (a) of this subclause does not authorise the inclusion in a letter of appointment of any provision which is inconsistent with or contrary to any provision of this Award.
(2) Except in the case of relief or temporary teachers, the termination of the service of a teacher shall require a minimum of six weeks' notice by either party to take effect from the close of school business at the end of school term. Failure to give the required notice shall make that party liable to forfeiture of or payment to the other party of an amount equivalent to six weeks' pay or an amount equivalent to that period of notice not given or served.
Provided that the requirements of this subclause may be waived in part or whole by mutual agreement between the teacher and the employer.
(3) 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 in subclause (2) of this clause.
(4) 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.
(5) A part-time teacher shall receive payment for sick leave, long service leave and vacation leave on a pro-rata basis in the proportion that his/her hours of work bear to the hours of a full-time teacher.
(6) Upon termination a statement of service and a separate reference when requested by the teacher shall be provided to the teacher by the employer.
(7) Nothing within this clause detracts from the employer's right to dismiss summarily any teacher for serious misconduct in which case salary shall be paid up to the time of dismissal only.
7. – SPECIAL LEAVE
(1) A teacher shall, on sufficient cause being shown, be granted special leave with pay.
(2) “Sufficient cause” is defined as a matter or situation for which:
(a) no other paid leave is available,
(b) no other arrangements can reasonably be made,
(c) the absence from duty is required due to pressing necessity.
(3) The period determined at the discretion of the employer having regard to all the circumstances would not normally exceed three (3) days in any one instance.
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(4) Such discretion is not to be harshly or unfairly exercised.
8. – SICK LEAVE
(1) (a) A teacher who is unable to attend or remain at the place of employment during the normal hours of duty by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.
(b) Entitlement to payment shall be twelve and one half day’s pay for each completed year of service. Such leave will accrue on a weekly basis. A teacher who was actually engaged for all four terms in a calendar year shall be entitled to a year’s entitlement.
(c) A teacher who claims an entitlement under this clause shall provide to the employer evidence that would satisfy a reasonable person of the entitlement.
(d) If in the first of successive years of service with the employer, a teacher is absent on the ground of personal ill health or injury for a period longer than his/her entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the teacher's services terminate, if before the end of that year of service, to the extent that the teacher has become entitled to further paid sick leave during that year of service.
(2) A temporary teacher shall retain the benefit of accumulated sick leave on appointment as a permanent teacher provided that the service is continuous. For the purpose of this paragraph school vacations shall not be deemed to break the continuity of service.
(3) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this subclause may be claimed by the teacher if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during that year at the time of the absence. Provided that a teacher shall not be entitled to claim payment for any period exceeding thirteen weeks in any one year of service.
(4) A teacher on paid leave shall accrue an entitlement to payment under this clause.
(5) The provisions of this subclause with respect to payment do not apply to teachers who are entitled to payment under the Workers' Compensation and Rehabilitation Act 1981 nor to teachers whose injury or illness is the result of the teacher's own misconduct.
9. – LEAVE WITHOUT PAY
(1) While a teacher has the right to apply for leave without pay the granting of such leave is at the discretion of the employer.
(2) 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.
(3) 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.
(4) 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.
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(5) The maximum period for which leave is granted under this clause shall be one year.
10. - HOLIDAY AND VACATION LEAVE
(1) Except as hereinafter provided, a teacher shall be allowed the holidays granted by the school in which he/she is employed, including term and Christmas vacations, without deduction of pay.
(2) If after one week’s continuous service in any calendar year a teacher lawfully terminates his/her employment or his/her employment is terminated by the employer through no fault of the teacher, the teacher shall be granted salary instead of vacation leave proportionate to his/her length of service. Provided that a teacher who was actually engaged for all four terms in that calendar year shall be entitled to be paid for the whole of the vacation period of that year.
(3) (a) Where a teacher has been paid for leave, which at the time of termination has not been fully accrued, the employer may deduct from any monies owed that portion to which the teacher is not entitled.
(b) Where the employment of a teacher is terminated by the employer prior to the attainment of the accrued vacation leave, then the provisions of this subclause shall not apply.
(4) A teacher on approved paid leave, shall accrue an entitlement to payment under this clause.
(5) A teacher who is justifiably dismissed for serious misconduct shall not be entitled to the benefits of the provisions of this clause.
(6) (a) A leave loading equivalent to 17.5 per cent of four weeks' salary shall be paid to a teacher, including a part-time and temporary teacher, who has completed twelve months' continuous service with the employer or who has been employed for all four terms in a calendar year.
(b) The loading shall be paid in the final pay in December of that year.
(c) If the service of a teacher commences after the beginning of first term in a calendar year then by agreement between the employer and the teacher, the leave loading may be paid, proportionate to the length of service in that year, in December of that year.
11. - LONG SERVICE LEAVE
(1) Subject to subclause (3):
(a) A teacher who has completed ten (10) years' continuous service with an employer shall be entitled to 13 weeks' paid long service leave.
(b) For each subsequent period of ten (10) years' service a teacher shall be entitled to an additional 13 weeks' paid long service leave.
(c) On termination of the teacher’s employment in any circumstances otherwise than for serious misconduct the teacher shall be entitled to payment of long service leave in respect of the number of years’ service with the employer completed since the teacher last became entitled to an amount of long service leave of a proportionate amount on the basis of 13 weeks’ for ten (10) years’ service.
(2) In calculating a teacher's entitlement under this clause continuous service with the employer prior to the 1st day of January 1984 shall be taken into account in the following manner:
(a) In the case of a teacher who has already accrued an entitlement to long service leave with the employer prior to the 1st day of January 1984, the teacher shall continue to accrue subsequent entitlements to long service leave in accordance with the provisions of subclause (1) of this clause.
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(b) In the case of a teacher who, at the 1st day of January 1984, had not accrued an entitlement to long service leave, the teacher's entitlement shall be calculated on the following basis:
For any period of continuous employment prior to the 1st day of January, 1984, an amount calculated on the basis of 13 weeks' paid long service leave for each 15 years of continuous service.
(3) The expression "continuous service" does not include:
(a) Any period exceeding two weeks during which the teacher is absent on leave without pay. 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;
(b) any service of a teacher who resigns or is dismissed, other than service prior to such resignation or prior to the date of any offence in respect of which he/she is dismissed by the employer, when that prior service has actually entitled the person to long service leave under this clause.
(4) Subject to subclause (6) of this clause, term and Christmas holidays observed by the school shall be recognised as extra leave and not included in the long service leave.
(5) 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 days shall not be granted.
(6) Where a teacher has become entitled to a period of long service leave in accordance with this clause, the teacher shall commence such leave as soon as possible after the accrual date in a manner mutually agreed between the employer and the teacher by one of the following options:
(a) as a semester, with approved leave without pay for that portion which exceeds the long service leave period;
(b) as a term, with any excess entitlement being taken with future long service leave or paid out on termination, resignation or retirement. The excess cannot be used to reduce a future accrual period;
(c) as a term, with the excess entitlement falling during the Christmas vacation period being paid for in addition to the ordinary payment for such vacation. The excess leave may be taken during the vacation period prior to or following the term's long service leave.
(7) Payment for long service leave shall be made in full before the teacher goes on leave or by agreement between the teacher and the employer, at the same time as the teacher's salary would have been paid if the teacher had remained at work in which case the payment shall be made by arrangement between the teacher and the employer.
(8) Where a teacher has completed at least 7 years' service but less than 10 years' service and employment is terminated -
(a) by the teacher's death; or
(b) in any circumstances, otherwise than serious misconduct;
the amount of leave shall be such proportion of 13 weeks' leave as the number of completed years of such service bears to 10 years.
(9) In the case to which subclause (8) of this clause, applies and in any case in which the employment of the teacher who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of employment otherwise than by death, pay to the teacher and upon termination of employment by death, pay to the personal representative of the teacher upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he/she is entitled or deemed to have been entitled and which would have been taken
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but for such termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder.
(10) Where the continuous service of a teacher during the accrual period contains any period where the teacher worked on a part time basis the teacher’s entitlement shall be calculated as follows:
(a) the number of weeks accrued shall be in accordance with subclause (1) above; and
(b) payment for the leave taken shall be the average that the teacher’s part time service bears to that of a full time teacher over the accrual period.
12. – CARER’S LEAVE
(1) Use of Sick Leave
(a) A teacher with responsibilities in relation to either members of his/her immediate family or members of his/her household who need care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement for absences to provide care and support for such persons when they are ill. Such leave shall not exceed five (5) days in any calendar year and is not cumulative.
(b) The teacher shall, if required, provide a written statement as to the fact of illness of the person for whom the care and support is required.
(c) The entitlement to use sick leave is subject to:
(i) the teacher being responsible for the care of the person concerned; and
(ii) the person concerned being either a member of the teacher’s immediate family or a member of the teacher’s household.
(iii) the term “immediate family” includes:
(aa) a spouse (including a former spouse), of the teacher; and
(bb) child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the teacher.
(d) The teacher shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and his/her relationship to the teacher, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(2) Use of Unpaid Leave
A teacher may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill.
(3) Nothing contained in this clause shall prevent a teacher from making application for leave as prescribed in Clause 7. - Special Leave of the Award.
13. - BEREAVEMENT LEAVE
(1) Subject to subclause (4) of this clause, on the death of:
Entitlement to Bereavement Leave
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(a) the spouse or defacto spouse of a teacher;
(b) the child or step-child of a teacher;
(c) the parent, step-parent or parent-in-law of a teacher;
(d) brother or sister of a teacher; or
(e) any person who, immediately before that person’s death, lived with the teacher as a member of the teacher’s family,
the teacher is entitled to paid bereavement leave of up to two days.
(2) The two (2) days need not be consecutive.
(3) Bereavement Leave is not to be taken during a period of any other leave.
(4) A teacher who claims to be entitled to paid leave under this section is to provide to the employer, if so requested by the employer, evidence that would satisfy a reasonable person as to:
(a) the death that is the subject of the leave sought; and
(b) the relationship of the teacher to the deceased person.
14. – SALARIES
(1) (a) The minimum annual salary payable to teachers engaged in the undermentioned classifications shall be:
Total Salary
Per Annum
$
Step 1 32628
Step 2 33961
Step 3 35189
Step 4 36727
Step 5 38162
Step 6 39392
Step 7 40622
Step 8 42159
Step 9 43745
Step 10 45129
Step 11 46255
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Step 12 47793
Step 13 49330
(b) On appointment, a teacher shall be placed at the appropriate salary level according to qualifications and full-time teaching experience in Australia. Recognition of qualifications and experience other than that outlined in this clause shall be determined by agreement between the employer and the teacher. In the event that the parties cannot agree on the level of qualifications and/or experience that should apply then the matter may be referred to the Independent Schools Industrial Affairs Consultative Committee.
(c) On application by the teacher and by agreement with the employer, salary may be deemed to include an amount which is paid on behalf of the teacher into an Approved Superannuation fund nominated in accordance with the provision of Clause 22. - Superannuation of the Award, and not being an employer contribution to superannuation paid in accordance with Superannuation Guarantee (Administration) Act 1992, Federal legislation or an employer’s contributory superannuation fund.
(d) A copy of any agreement reached in accordance with paragraph (c) of this subclause shall be attached to the salary record of the teacher concerned.
(e) For the purposes of determining weekly or fortnightly salary, the annual salaries as prescribed in this subclause, shall be divided by 52.16 or 26.08 respectively.
(2) In determining the appropriate minimum salary level the following will apply:
(a) Teachers not elsewhere provided for shall commence at Step 1 and proceed by annual increments to and including Step 9.
(b) Two-year or three-year trained teacher holding a Teacher's Certificate or a teacher holding a University Degree (other than Bachelor of Education) but not a Teacher's Certificate shall commence at Step 3 and proceed by annual increments to and including Step 9.
(c) Teacher holding:
University Degree and Diploma of Education; or
University Degree and Teacher's Certificate; or
Bachelor of Education Degree;
shall commence at Step 5 and proceed by annual increments to and including Step 13.
(d) Teacher holding the qualifications as outlined in paragraph (c) of this subclause plus a second or higher degree as outlined in paragraph (h) of this clause shall commence at Step 6 and proceed by annual increments to and including Step 13.
(e) The term Degree or Diploma will be deemed to include equivalent qualifications. In the event of a dispute the matter may be referred to the Independent Schools Industrial Affairs Consultative Committee.
(f) 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.
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(g) The qualifications referred to in paragraph (f) above, shall be determined by agreement through the Independent Schools Industrial Affairs Consultative Committee and shall be reviewed each year and shall be listed to apply from the beginning of each calendar year.
(h) A teacher who obtains a second, or higher degree shall be credited with one extra year's experience for salary purposes. For the purpose of this subclause, a second or higher degree shall mean to include a graduate diploma or a degree at honours level.
(i) The years of experience is indicated by the equivalent number of steps from the entry level.
(3) SENIOR TEACHER:
(a) Subject to the provisions for implementing the classification set out in the Appendix to this Award, an appointee to a Senior Teacher classification shall be entitled to the following annual allowance:
Level One - 3.2% of the maximum total salary per annum as prescribed in subclause (1) of this clause.
Level Two - 6.9% of the maximum total salary per annum as prescribed in subclause (1) of this clause.
(b) A teacher in a promotional position who achieves a Senior Teacher Level 1 classification shall be entitled to the minimum allowance applicable to the promotion position or the Senior Teacher Level 1 classification whichever is the greater.
(4) Part-time and part-time temporary teachers shall be paid in accordance with this Award for duties performed in proportion to the time those duties bear to an ordinary full-time teaching week.
(5) (a) Relief teachers employed for five (5) consecutive working days or more shall be paid for the period at the rate of salary appropriate to their qualifications and experience on a weekly basis of annual salary divided by forty (40) or a daily basis of annual salary divided by two hundred (200).
(b) A relief teacher employed for less than five (5) consecutive working days shall be paid according to the following formula:
(i) Less than four year trained
(aa) Full day = Step 6 Annual Salary / 200
(bb) Half day = Step 6 Annual Salary / 400
(ii) Four year trained
(aa) Full day = Step 8 Annual Salary / 200
(bb) Half day = Step 8 Annual Salary / 400
Note: For the purposes of this subclause 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.
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(6) SECONDARY SCHOOLS
(a) A teacher appointed to a promotional position in a secondary school shall be placed within one of the following promotion levels in accordance with the duties as prescribed.
Promotional Level 1
The management of a major department, for example, secondary English, or an equivalent responsibility, for example, in the pastoral care of students.
Promotional Levels 2, 3 and 4
The levels assigned will recognise the gradation of responsibilities which apply within a school among various promotional positions.
For example, for promotional Level 2: the management of a small department or an equivalent level of responsibility.
For example, for promotional Level 3: second in charge of a major department, or an equivalent level of responsibility.
For example, for promotional Level 4: co-ordinator of a subject, i.e., subject teachers with minimal supervision of other staff, or an equivalent level of responsibility.
(b) All allowances relating to promotional positions are minima.
(c) The scale of promotional allowances paid shall be based on the promotional level as determined in paragraph (a) of this subclause and the school category as defined in paragraph (d) of this subclause.
(d) The category of the school shall be determined as follows:
(i) Category A: School above 600 full-time equivalent students.
(ii) Category B: School between 300 and 600 full-time equivalent students.
(iii) Category C: School below 300 full-time equivalent students.
(e) The minimum allowance payable for a promotional position shall be as follows:
(i) Promotional Level 1 Category A: 12.5 per cent of the maximum salary level as prescribed in subclause (1) of Clause 14. - Salaries.
(ii) Promotional Level 1 Category B: 10.5 per cent of the maximum salary level as prescribed in subclause (1) of Clause 14. - Salaries.
(iii) Promotional Level 1 Category C: 8.5 per cent of the maximum salary level as prescribed in subclause (1) of Clause 14. - Salaries.
(iv) Promotional Levels 2, 3 and 4 shall be paid 70 per cent, 50 per cent and 30 per cent respectively of Promotion Level 1 of the appropriate school category.
(7) PRIMARY SCHOOLS
(a) Allowances for promotional positions in primary schools, where appointed under this Award, shall be at the Assistant Principal (Administration), Assistant Principal (Religious Education) level or similar designation relevant to the school.
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(b) Where a primary school has in excess of 700 full-time equivalent students, an additional promotional position may be appointed at the discretion of the employer.
(c) The allowance payable to Assistant Principals shall be as follows:
(i) Schools with 300 to 700 full-time equivalent students - $6000.00 per annum.
(ii) Schools with 100 to 300 full-time equivalent students - $3000.00 per annum.
(8) Notwithstanding the provision of subclauses (7) and (8) of this clause, where an agreement is reached between the employer and the teacher on any allowance or benefit for promotional positions, expressed in terms other than those prescribed under this clause, then, subject to notification to the Union of such agreement, such conditions shall apply for the purposes of this Award.
15. - RIGHT OF ENTRY
(1) An authorised representative of the Union may enter, during working hours, any premises where teachers work, for the purposes of holding discussions at the premises with those teachers.
(2) The authorised representative will provide the employer/principal with prior notification of entry.
(3) The meeting will not disrupt the teacher’s performance of his/her duties.
(4) Where such a meeting is of an urgent nature and upon a request being made to the principal, the principal may approve paid time off to meet with the authorised Union representative. Such approval will not be unreasonably withheld.
16. - PROTECTIVE CLOTHING
Where a school requires that a teacher wear protective clothing in the course of his or her duties, other than with respect to sporting activity, such clothing shall be supplied by the school.
Protective clothing so issued shall remain the property of the school and be maintained in good order and condition by the teacher, fair wear and tear excepted.
17. - PARENTAL LEAVE
(1) Eligibility for Parental Leave
A teacher shall become entitled to take up to 52 consecutive weeks of unpaid leave in respect of:
(a) the birth of a child to the teacher or the teacher’s spouse; or
(b) the placement of a child with the teacher with a view to the adoption of the child by the teacher.
(2) A teacher is entitled to take parental leave if he or she:
(a) has had at least 12 months’ continuous service with that employer immediately preceding the date upon which the teacher proceeds upon such leave; and
(b) has given the employer at least 10 weeks’ written notice of his/her intention to take such leave, and the start and finish dates of such leave.
(c) a teacher is not entitled to take parental leave at the same time as the teacher’s spouse but this subclause does not apply to one week’s parental leave:
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(i) taken by the male parent immediately after the birth of the child; or
(ii) taken by the teacher and the teacher’s spouse immediately after a child has been placed with them with a view to their adoption of the child.
(d) a teacher shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with this subclause, if such failure is occasioned by the confinement occurring earlier than the presumed date.
(3) Parental Leave to start 6 weeks before the birth
Subject to subclauses (4), (5) and (7) of this clause, the period of parental leave for a female teacher shall be for an unbroken period of up to 52 weeks and shall include up to six weeks' leave to be taken immediately before the presumed date of confinement, unless in respect of any period closer to the expected date of birth a medical practitioner has certified that the teacher is fit to work.
(4) Transfer to a Safe Job
Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the teacher make it inadvisable for the teacher to continue at her present work, the teacher shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attached to that job until the commencement of parental leave. If the transfer to a safe job is not practicable, the teacher may, or the employer may require the teacher to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as parental leave for the purposes of subclauses (8), (9), (10) and (11) of this clause.
(5) Variation of Period of Parental Leave
(a) The period of parental leave may be lengthened by agreement between the teacher and the employer in accordance with the provisions of Clause 9. - Leave Without Pay of this Award.
(b) The period of parental leave may be shortened by agreement between the teacher and the employer.
(6) Cancellation of Parental Leave
(a) Parental leave, applied for but not commenced, shall be cancelled when the pregnancy of a teacher terminates other than by the birth of a living child.
(b) Subject to paragraph (c) of this subclause, where the pregnancy of a teacher then on parental leave terminates other than by the birth of a living child, it shall be the right of the teacher or teacher’s spouse to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the teacher to the employer that he or she desires to resume work.
(c) A teacher's right to resume work within the period specified in paragraph (b) of this subclause shall be subject to the practicality of enabling the teacher to resume within that period, but in any case that limitation shall not be invoked to extend the period of leave beyond the date originally agreed to.
Where the teacher’s resumption is delayed, he or she may undertake temporary employment with another employer without affecting his or her contract of service with the school from which he or she took parental leave.
(7) Special Parental Leave and Sick Leave
(a) Where the pregnancy of a teacher or a teacher’s spouse not then on parental leave terminates after twenty-eight weeks other than by the birth of a living child then:
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(i) the teacher shall be entitled to such period of unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before the teacher’s return to work; or
(ii) for illness other than the normal consequences of confinement the teacher shall be entitled, either instead of or in addition to special parental leave, to such paid sick leave as to which the teacher is then entitled and which a duly qualified medical practitioner certifies as necessary before the teacher returns to work.
(b) Where a teacher not then on parental leave suffers illness related to the teacher’s pregnancy, the teacher may take such paid sick leave as to which the teacher is then entitled and such further unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before the teacher returns to work.
(c) For the purposes of subclauses (9), (10) and (11) of this clause, parental leave shall include special parental leave.
(d) A teacher returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which the teacher held immediately before proceeding on such leave or, in the case of a teacher who was transferred to a safe job pursuant to subclause (4) of this clause, to the position the teacher held immediately before such transfer.
Where such position no longer exists but there are other positions available, for which the teacher is qualified and the duties of which the teacher is capable of performing, the teacher shall be entitled to a position as nearly comparable in status and salary or wage to that of the teacher’s former position.
(8) Parental Leave and Other Leave Entitlements
(a) A teacher may take, in conjunction with or in addition to parental leave, any annual leave or long service leave or any part thereof to which the teacher is then entitled.
(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a teacher during the teacher’s absence on parental leave.
(9) Effect of Parental Leave on Employment
Notwithstanding any award, or other provision to the contrary, absence on parental leave shall not break the continuity of service of a teacher but shall not be taken into account in calculating the period of service for any purpose of the Award.
(10) Termination of Employment
(a) A teacher on parental leave may terminate his or her employment at any time during the period of leave by notice given in accordance with this Award.
(b) An employer shall not terminate the employment of a teacher on the ground of the teacher’s pregnancy or of the teacher’s absence on parental leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.
(11) Return to Work After Parental Leave
(a) A teacher shall be entitled to the position which the teacher held immediately before proceeding on parental leave or, in the case of a teacher who was transferred to a safe job pursuant to subclause (4) of this clause, to the position which the teacher held immediately before such transfer. Where such position no longer exists but there are other positions available for which the teacher is qualified and the duties of which the teacher is capable of performing, the teacher shall be entitled to a position as nearly comparable in status and salary or wage to that of the teacher’s former position.
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(b) The teacher will notify the employer in writing not less than six (6) weeks prior to the presumed dated of return, when the teacher requests to return to work under different arrangements from those which the teacher held immediately prior to the commencement of Parental leave.
(12) Replacement Teachers
(a) A replacement teacher is a teacher specifically engaged as a result of a teacher proceeding on parental leave.
(b) Before an employer engages a replacement teacher under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the teacher who is being replaced.
(c) Before an employer engages a person to replace an teacher temporarily promoted or transferred in order to replace an teacher exercising his or her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the teacher who is being replaced.
(d) Nothing in this subclause shall be construed as requiring the employer to engage a replacement teacher.
(e) A replacement teacher shall not be entitled to any of the rights conferred by this clause except where his/her employment continues beyond the twelve months’ qualifying period.
18. – LOCATION ALLOWANCES
(1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.
TOWN PER WEEKAgnew $17.80Argyle $46.80Balladonia $17.90Barrow Island $30.40Boulder $7.40Broome $28.40Bullfinch $8.40Carnarvon $14.50Cockatoo Island $31.20Coolgardie $7.40Cue $18.10Dampier $24.60Denham $14.50Derby $29.50Esperance $5.30Eucla $19.80Exmouth $25.70Fitzroy Crossing $35.70Goldsworthy $15.70Halls Creek $41.00Kalbarri $6.20Kalgoorlie $7.40Kambalda $7.40Karratha $29.40Koolan Island $31.20
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Koolyanobbing $8.40Kununurra $46.80Laverton $18.00Learmonth $25.70Leinster $17.80Leonora $18.00Madura $18.90Marble Bar $45.00Meekatharra $15.60Mount Magnet $19.50Mundrabilla $19.40Newman $17.00Norseman $15.40Nullagine $44.90Onslow $30.40Pannawonica $23.00Paraburdoo $22.90Port Hedland $24.50Ravensthorpe $9.40Roebourne $33.80Sandstone $17.80Shark Bay $14.50Shay Gap $15.70Southern Cross $8.40Telfer $41.60Teutonic Bore $17.80Tom Price $22.90Whim Creek $29.20Wickham $28.30Wiluna $18.00Wittenoom $39.80Wyndham $44.00
(2) Except as provided in subclause (3) of this clause, an employee who has:
(a) a dependant shall be paid double the allowance prescribed in subclause (1) of this clause;
(b) a partial dependant shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.
(3) Where an employee:
(a) is provided with board and lodging by his/her employer, free of charge; or
(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;
such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.
(4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.
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(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.
(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.
(7) For the purposes of this clause:
(a) "Dependant" shall mean -
(i) a spouse or defacto partner; or
(ii) a child where there is no spouse or defacto partner;
who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.
(b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.
(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission.
(9) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.
19. - TRAVELLING ALLOWANCES
(1) Where an 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 subclause (2) hereof.
(2) Where a teacher is required and authorised to use his/her own motor vehicle in the course of duty, the teacher shall be paid an allowance of not less than that provided for taxation purposes by the Australian Taxation Office, unless otherwise agreed by the teacher.
20. – SALARY RECORDS
(1) The employer shall keep or cause to be kept, records containing the following particulars:
(a) Full name and residential address of each teacher.
(b) The full time or part time percentage, and the number of weeks worked per year, exclusive of Holiday and Vacation leave.
(c) The salary paid each pay period, and their deductions.
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(d) The employer shall provide a salary advice slip showing gross salary and any deductions made for such pay period.
(2) Salaries shall be paid at least monthly, except in the case of a relief teacher who shall be paid as soon as possible on completion of the engagement.
21. – INSPECTION OF RECORDS
(1) An authorised representative of the Union may enter, during work hours, any premises where relevant teachers work, for the purpose of investigating any suspected breach of the Industrial Relations Act 1979, the Long Service Leave Act 1958, the Minimum Conditions of Employment Act 1993, the Occupational Safety and Health Act 1984 or an award, order, industrial agreement or employer-employee agreement that applies to any such teacher.
(2) For the purpose of investigating any such suspected breach, the authorised representative may:
(a) subject to the provisions of the relevant Act, Award, Order, Industrial Agreement or Employer-Employee Agreement require the employer to produce for the representative’s inspection, during working hours at the employer’s premises or at any mutually convenient time and place, any employment records or other documents kept by the employer that are related to the suspected breach;
(b) make copies of the entries in the employment records or documents related to the suspected breach; and
(c) during working hours, inspect or view any work, material, machinery, or appliance, that is relevant to the suspected breach.
(3) The authorised representative will provide written notice of at least:
(a) 24 hours if the records and documents are kept on the employer’s premises; or
(b) 48 hours if the records are kept elsewhere.
22. - SUPERANNUATION
(1) Employer Contributions
The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.
(a) An employer shall contribute to superannuation for each eligible teacher in accordance with the Superannuation Guarantee (Administration) Act 1992 to one of the following approved superannuation funds:
(i) CONCEPT ONE - superannuation plan which was established and is governed by a trust deed and rules dated 23 September 1986, as amended; and
(ii) an exempted fund allowed by subclause (3) of this clause.
(b) Employer contributions shall be paid at least monthly for each week of service that the eligible teacher completes with the employer.
(c) "Ordinary Time Earnings" means the salary or other remuneration periodically received by the teacher in respect to the time worked in ordinary hours and/or any other rate paid for all purposes of the Award to which the teacher is entitled for ordinary hours of work.
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(2) Fund Membership
(a) "Eligible Teacher" shall mean a teacher employed under the terms of this Award.
(b) A teacher shall not be eligible to join the fund until he/she has completed one month's satisfactory service. On completion of this period the teacher shall be entitled to the appropriate employer contribution, from the date of the teacher’s commencement.
(3) Exemption
Exemptions from the requirements of this clause shall apply to an employer who at the date of this Award:
(a) was contributing to a superannuation fund, in accordance with an order of an industrial tribunal; or
(b) was contributing to a superannuation fund in accordance with an Order or Award of an industrial tribunal, for a majority of teachers and makes payment for teachers covered by this Award in accordance with that order or award; or
(c) subject to notification to the Union, was contributing to a superannuation fund for teachers covered by this Award where such payments are not made pursuant to an order of an industrial tribunal.
(d) was not contributing to a superannuation fund for teachers covered by this Award; and
(i) written notice of the proposed alternative superannuation fund is given to the Union; and
(ii) contributions and benefits of the proposed alternative superannuation fund are no less than those provided by this clause; and
(iii) within one month of the notice prescribed in paragraph (i) being given, the Union has not challenged the suitability of the proposed fund by notifying the Western Australian Industrial Relations Commission of a dispute.
(4) The employer shall provide such facilities as is appropriate to ensure that all teachers are adequately informed of the provisions of the superannuation funds available.
Compliance, Nomination and Transition
Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of a teacher, on and from 30 June 1998:
(a) Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless:
(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and
(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the teacher permitted to nominate a fund or scheme;
(b) The teacher shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the teacher;
(c) The employer shall notify the teacher of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;
(d) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirement of regulations made pursuant to the Industrial Relations Legislation
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Amendment and Repeal Act 1995, be given in writing to the employer or the teacher to whom such is directed;
(e) The teacher and employer shall be bound by the nomination of the teacher unless the teacher and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;
(f) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme required by a teacher;
Provided that on and from 30 June 1998, and until a teacher thereafter nominates a complying superannuation fund or scheme:
(i) if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;
or
(ii) if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.
23. - CONSULTATIVE PROVISIONS
(1) The parties to this award are committed to award modernisation and to improve the efficiency of the Independent School sector in Western Australia.
(2) In order to facilitate the outcomes as determined in subclause (1) above, there shall be established an Independent Schools Consultative Committee with equitable representation of employers and employees which will provide:
(a) for the continuation of the award restructuring process as determined, from time to time, by the Western Industrial Relations Commission;
(b) a forum which will deal with ongoing claims for salary and conditions;
(c) the means by which positive assistance can be given to: professional development; the quality of education; and the development of the independent school sector.
(3) Liberty to apply is reserved in respect to any amendments, deletions or additions pertaining to the provisions of this clause.
24. – REDUNDANCY PROVISIONS
(1) Discussions Before Termination
(a) Where an employer has made a definite decision that the employer no longer wishes the job the teacher has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the teachers directly affected and with their Union, where applicable.
(b) The discussion shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph (a) of this subclause and shall cover among
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other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to minimise any adverse affect of any terminations on the teachers concerned. The employer will confirm the content of these discussions in writing.
(2) Notice Period of Termination on Redundancy
(a) If the services of a teacher are to be terminated due to redundancy, the teacher shall be entitled to notice of termination as prescribed in Clause 6. – Contract of Service, of this Award, provided that teachers to whom notification of termination of service is to be given because of the introduction of automation or other like technology changes shall be given not less than three (3) months’ notice of termination.
(b) Should the employer fail to give notice of termination as required in subclause 2(a) the employer shall pay to the teacher an amount calculated in accordance with the ordinary rate of pay for a period being the difference between the notice given and that required to be given.
(c) Payment of Notice Treated as Service
If an employer makes payment for all or any of the period of notice prescribed, then the period for which such payment is made shall be treated as service for the purposes of calculating any service related entitlements of the teacher arising pursuant to this Award and shall be deemed to be service with the employer for the purposes of Long Service Leave.
(3) Teacher Leaving During Notice
A teacher whose employment is to be terminated for reasons set out in this clause may terminate employment during the period of notice and, if so, shall be entitled to the same benefits and payment under this clause had the teacher remained with the employer until the expiry of such notice. Provided that in such circumstances the teacher shall not be entitled to payment instead of notice.
(4) Time Off During Notice Period
(a) During the period of notice of termination of employment given by an employer, a teacher whose employment is to be terminated for reasons set out in this clause shall be entitled for the purpose of seeking other employment, to be absent from work for eight ordinary hours without deduction of pay.
(b) A teacher who claims to be entitled to paid leave under this clause is to provide to the employer evidence that would satisfy a reasonable person of the entitlement.
(5) Severance Pay
In addition to the period of notice prescribed in Clause 6. – Contract of Service, of this Award, for ordinary termination, a teacher whose employment is terminated for reasons set out this clause shall be entitled to the following amount of severance pay in respect of a continuous period of service.
PERIOD OF CONTINUOUS SERVICE
SEVERANCE PAY
Less than 1 year Nil
1 year but less than 2 years 4 weeks
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2 years but less than 3 years 6 weeks
3 years but less than 4 years 7 weeks
4 years and over 8 weeks
"Weeks Pay" means the ordinary weekly rate of wage for the teacher concerned.
(6) Alternative Employment
An employer, in a particular redundancy case, may make application to the Western Australian Industrial Relations Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for a teacher.
(7) Teachers Exempted
This clause shall not apply to relief or temporary teachers or where employment is terminated as a consequence of conduct that justifies instant dismissal.
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APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).
(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.
(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.
(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.
(ii) Discussions at this level will take place as soon as practicable.
(3) The terms of any agreed settlement should be jointly recorded.
(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.
(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.
(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..
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APPENDIX 1
1. - TEACHER APPRAISAL
(1) (a) Teacher appraisal is essential to ongoing teacher professional development, performance planning and review in the context of the individual, the department or the school as a whole.
(b) The structure of the appraisal process will be determined by its purposes that is whether it is formative or summative.
(2) The following are the minimum requirements of any teacher appraisal process.
(a) Formative Appraisal -
Formative Appraisal has as its purpose the enhancement of teacher skills:
(i) the appraisal shall be carried out by the Schools appraisal committee and/or such other persons as are agreed between the employer and the teacher,
(ii) the appraisal shall be based on criteria which are agreed to by the teacher involved,
(iv) the teacher shall be provided with a written report, on the outcomes of the appraisal. The report shall clearly indicate the purpose of the appraisal, the format used and the results and recommendations arising out of the appraisal. Copies of all documentation, including formal and informal reports, shall be provided to the teacher upon request.
(b) Summative Appraisal -
Summative Appraisal has as its purpose the determination of the professional competence of a teacher in respect of the confirmation of appointment or for promotional purposes:
(i) the form and conduct of the appraisal shall be determined by the employer and the reason for the appraisal must be clearly established before the appraisal commences,
(ii) the teacher being appraised shall be advised as to who is to conduct the appraisal, its form, the duration of the appraisal, and the nature of the reporting process,
(iii) during the process, the teacher shall be kept informed of the progress of the appraisal and shall be allowed to nominate any teacher to contribute to the appraisal on his or her behalf,
(iv) the teacher shall be provided with a written report, on the outcomes of the appraisal. The report shall clearly indicate the purpose of the appraisal, the format used and the results and recommendations arising out of the appraisal. Copies of all documentation, including formal and informal reports, shall be provided to the teacher,
(v) the teacher shall be given every opportunity to review any documentation which relates to the appraisal or to clarify any aspect of the report,
(vi) where the report identifies failings on the part of the teacher or the competency of the teacher is in question, the report should clearly indicate the nature of the problem and what is required of the teacher to address the problems
(vii) any agreed procedure to be implemented following the appraisal shall be documented and shall form part of the reporting process. An adequate time frame must be given in order to address any problem area identified in the report.
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(3) Participation in any appraisal process and any subsequent implementation procedure should not be an unreasonable addition to a teacher's existing work load.
(4) In the event that it becomes necessary to review the performance of a teacher with a view to the possible termination of employment, except in the case of serious misconduct or other that in the teacher's first year of employment, then a summative appraisal will be conducted. In certain circumstances this may not be appropriate and provided agreement can be reached between the Principal, the Teacher and the Union, an alternative process may be used.
2. - INDUCTION
(1) A teacher in his or her first year of teaching shall participate in an induction process of one year's duration, unless the teacher and the employer agree that the induction process shall continue for a further year.
The induction process shall be under the terms and conditions already established to assist the teacher's professional development.
The employer shall provide a written statement to the teacher one term before the end of the teacher's first year, outlining the teacher's progress and development.
(2) The employer shall report regularly to the teacher on the progress of the induction process and shall comment and make suggestions that will assist the teacher's professional development.
(3) A teacher returning to teaching after an absence of five or more years shall be offered support through an induction process as considered appropriate and agreed between the Principal and the teacher at the time of appointment following such absence.
3. - PROGRESSION TO A HIGHER CLASSIFICATION
(1) (a) A teacher at the top of his/her salary scale may apply to the Principal for upgrading to a Senior Teacher Level 1 classification.
(b) A teacher who has been classified as a Senior Teacher Level 1 for a minimum of three years may apply to the Principal for upgrading to a Senior Teacher Level 2 classification.
(c) A teacher shall not be entitled to hold a promotion position as determined by Clause 11. - Salaries of this award and Senior Teacher Level 2 classification simultaneously.
(2) (a) In the assessment for appointment, the following will be taken into account:
(i) teaching practice and skills;
(ii) knowledge of relevant academic content areas;
(iii) involvement in curriculum development in the school;
(iv) participation in professional development;
(v) participation as a team member in the development of the school.
(b) The application of the criteria as described in paragraph (2)(a) hereof shall be applied as determined by the Independent Schools Industrial Affairs Consultative Committee from time to time.
(3) In making the decision the Principal shall:
(a) consider documentation supplied by the applicant;
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(b) consider the applicant's work in the school from knowledge gained through consultations with staff including a teacher or teachers nominated by the applicant;
(c) interview the applicant.
(4) At least one week prior to the decision being made the Principal shall:
(a) provide to the teacher a summary of all information received in relation to the teacher's application;
(b) indicate clearly in the summary any information which may be detrimental to the teacher's appointment as a Senior Teacher;
(c) allow the teacher the opportunity to present a response to the Principal or at the interview if there are matters raised pursuant to paragraph (4)(b) hereof.
(5) (a) Where the Principal does not recommend an application by a teacher to be upgraded, the reasons are to be given in writing to the teacher. This response should include the areas where the Principal considers improvement is required to meet the criteria.
(b) In giving reasons for the lack of success of the application, the Principal should also recommend remedial action or professional development where appropriate.
(c) If the remedy required can be achieved within the terms specified in subclause (7) hereof, and within the year of application, then the application shall be approved.
(6) Provided that the criteria for appointment are maintained, the period of appointment to the position of Senior Teacher at any level shall be not less than three years. Renewal of appointment shall be subject to successful appraisal of the Senior Teacher's role.
(7) The following procedure shall apply in the processing of Senior Teacher applications:
(a) applications for Senior Teacher shall be submitted not later than the end of term one each year;
(b) the processing of the application shall be conducted during term two and, if necessary, during term three;
(c) the decision and/or recommendation of the application shall be determined no later than during term four for implementation from the 1st January in the following year;
(d) (i) notwithstanding the provisions of paragraphs (a),(b) and (c) of subclause (7) hereof, it is understood that some delay may be unavoidable in the processing of Senior Teacher Level 2 applications in its first year of operation.
(ii) as at 1st January 1995 any successful application for Senior Teacher Level 2 applied for in accordance with this clause shall be credited with such classification from 1st January 1995. However the allowance paid in accordance with the award shall apply from 1st July 1995.
(8) (a) Documentation pertaining to the application shall remain confidential to the parties concerned and shall be used only for the determination of the Senior Teacher application.
(b) In the case of an unsuccessful application, and at the conclusion of the process as outlined in subclause (7) hereof, all documentation other than that prescribed in subclause (5) hereof shall be destroyed.
(9) (a) Senior Teacher Level 1 classification is portable within those schools that are so defined in subclause (5) of Clause 5. - Definitions.
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(b) Senior Teacher Level 2 classification is not portable between schools but may be negotiated between the employer and the teacher and implemented as part of the teacher's employment contract.
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SCHEDULE A. – SALARIES (ASNA)
The following schedule provides a history of Clause 14. – Salaries of the Award including all Arbitrated Safety Net Adjustments (ASNA) as at the commencement of the first pay period on or after 1 July 2007.
The minimum annual salary payable to teachers engaged in the undermentioned classifications shall be:
Minimum Salary
$ per Annum
ASNA Total Salary
$ per Annum
Step 1 21935 10693 32628
Step 2 23268 10693 33961
Step 3 24600 10589 35189
Step 4 26138 10589 36727
Step 5 27573 10589 38162
Step 6 28803 10589 39392
Step 7 30033 10589 40622
Step 8 31570 10589 42159
Step 9 33261 10484 43745
Step 10 34645 10484 45129
Step 11 35875 10380 46255
Step 12 37413 10380 47793
Step 13 38950 10380 49330
The rates of pay in this Award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustment may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.
In the rates pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
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SCHEDULE B - PARTIES
EMPLOYER PARTIES
NAME ADDRESS
The Anglican Schools Commission (Inc.) PO Box 2520
MT CLAREMONT WA 6010
Aquinas College Locked Bag 11,
Bentley Delivery Centre WA 6983
Association of Independent Schools
Of Western Australia (Inc.)
3/41 Walters Drive
Herdsman Business Park
OSBORNE PARK WA 6017
Bible Baptist Christian Academy
Street
Lot 374 Chidlow
MT HELENA WA 6555
Catholic Education Commission of W.A. PO Box 198
LEEDERVILLE WA 6903
Forrestfield Christian School 336 Hawtin Road
FORRESTFIELD WA 6058
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Guildford Grammar School Locked Bag 5
GUILDFORD WA 6935
Hale School Hale Road
WEMBLEY DOWNS WA 6019
Korsunski-Carmel School Cresswell Road
DIANELLA WA 6062
Kulkarriya Community School PO Box 3
FITZROY CROSSING WA 6765
Methodist Ladies College PO Box 222
CLAREMONT WA 6010
Montessori School PO Box 194
KINGSLEY WA 6026
Perth College PO Box 25
MOUNT LAWLEY WA 6929
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Penrhos College PO Box 690
COMO WA 6952
Presbyterian Ladies College (Inc.) 14 McNeil Street
PEPPERMINT GROVE WA 6011
The Roman Catholic Archbishop of Perth (Inc.) Victoria Square
PERTH WA 6000
Scotch College PO Box 223
CLAREMONT WA 6010
Seventh Day Adventist School Cnr Ninth and Wungong Roads
ARMADALE WA 6112
Speech and Hearing Centre for
Children (W.A.) Inc.
PO Box 186
WEMBLEY WA 6913
St. Hilda's Anglican School
For Girls (Inc.)
PO Box 34
MOSMAN PARK WA 6912
St. Mary's Anglican Girls PO Box 105
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School (Inc.) KARRINYUP WA 6923
Trinity College Trinity Avenue
EAST PERTH WA 6004
Wesley College PO Box 149
SOUTH PERTH WA 6951
UNION PARTY
The Independent Schools Salaried Officers'
Association of Western Australia,
Industrial Union of Workers
PO Box 8444, Perth Business Centre
PERTH WA 6849
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Appendix 2
Teachers' Aides' (Independent Schools) Award 1988
1. - TITLE
This award shall be known as the "Teachers' Aides' (Independent Schools)" Award 1988 and replaces the Teachers' Aides' (Independent Schools) Award No. A 1 of 1983 as varied.
1B. - MINIMUM ADULT AWARD WAGE
(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2) The minimum adult award wage for full-time employees aged 21 or more is $528.40 per week payable on and from the first pay period on or after 1 July 2007.
(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.
(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8) Subject to this clause the minimum adult award wage shall –
(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2007 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
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Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $448.65 per week on and from the commencement of the first pay period on or after 1 July 2007 and $466.65 on and from the commencement of the first pay period on or after 1 September 2007.
(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.
2. - ARRANGEMENT
1. Title1B. Minimum Adult Award Wage 2. Arrangement3. Area4. Scope5. Term6. Hours7. Holidays8. Annual Leave Loading9. Sick Leave10. Contract of Employment11. Part Time Employees12. Long Service Leave13. Payment of Wages14. Wages15. Rest Pauses and Meal Breaks16. Special Leave17. Location Allowance18. Definitions19. Maternity Leave20. Liberty to Apply21. Superannuation22. Consultative Provisions23. Dispute Settling Procedure24. Redundancy25. Introduction of Change
Appendix – Resolution of Dispute RequirementsSchedule A – Parties to the AwardSchedule B – Respondents
3. - AREA
This award shall have effect throughout the State of Western Australia.
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4. - SCOPE
This award shall be binding on Teachers' Aides and Child Care Workers employed in any independent school in any of the classifications referred to in Clause 14. - Wages of this award.
5. - TERM
This award shall be for a period of six months and shall have effect as from the beginning of the first pay period commencing on or after the 1st day of February, 1988.
6. - HOURS
The ordinary hours of work shall be 32.5 per week to be worked between Monday and Friday inclusive.
Provided that where the nature of the work requires the ordinary hours of work to be longer than 32.5, the employer and the Union may agree to the ordinary hours of work being up to but not exceeding 38 per week.
7. - HOLIDAYS
(1) Except as hereinafter provided an employee shall be allowed the holidays granted by the school in which he/she is employed, including term and Christmas vacations, without deduction of pay.
(2) Subject to the provisions of subclause (3) of this clause, each employee shall be paid his/her ordinary wages for any day on which he/she is relieved of the obligation to present him/herself for work.
(3) An employee who is employed to work less than the full school year shall be entitled to payment at the ordinary rate of pay for or in lieu of the term and Christmas vacation periods related to that school year on the basis of one week's pay for each four weeks which the employee was employed to actually work in the school.
8. - ANNUAL LEAVE LOADING
(1) An annual leave loading shall be included in the final payment of ordinary wages made in December of each year to employees who have been employed for all four terms in a calendar year.
(2) Subject to subclause (3) of this clause, the annual leave loading shall be 17.5 percent of four weeks' wages at the rate of pay applicable at the time of payment.
(3) If an employee commences after the beginning of first term in a calendar year then the leave loading shall be paid, proportionate to the length of service in that year, in December of that year, provided that the employee's contract of employment is continuing into the next calendar year.
9. - SICK LEAVE
(1) (a) An employee shall be entitled to payment for non attendance on the ground of personal ill health or injury at the rate of one day's pay for each four weeks which the employee was employed to actually work in the school.
(b) The unused portion of the entitlement prescribed in paragraph (a) of this subclause in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year.
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Provided that an employee shall not be entitled to claim payment for any period exceeding 13 weeks in any one year of service.
(2) This clause shall not apply where the employee is entitled to compensation under the Workers' Compensation and Assistance Act, 1981.
(3) An employee shall not be entitled to the benefits of this clause unless he/she produces proof to the satisfaction of the employer or the employer's representative of such incapacity, provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.
(4) No payment shall be made for any absence due to the employee's own fault, neglect or misconduct.
10. - CONTRACT OF EMPLOYMENT
(1) The contract of employment of every employee shall be a weekly contract terminable by one week's notice on either side. In the event of the employer or an employee not giving the required notice, one week's wages shall be either paid or forfeited.
(2) The provisions of subclause (1) of this clause shall not affect the right of the employer to dismiss an employee without notice for misconduct in which case wages shall be paid up to the time of dismissal.
(3) The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award; provided that such duties are not designed to promote de-skilling.
(4) Statement of Employment
An employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.
(5) Job Search Entitlement
(a) During the period of notice of termination given by the employer, an employee shall 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 shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
11. - PART TIME EMPLOYEES
(1) Notwithstanding anything contained in this award, employees may be regularly employed to work less hours per week than are prescribed in Clause 6. - Hours of this award.
(2) A part time employee employed under the provisions of this clause shall receive payment for sick leave and long service leave on a pro rata basis in the proportion which their hours of work bear to the hours fixed by Clause 6. - Hours of this award.
12. - LONG SERVICE LEAVE
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(1) The Long Service Leave provisions as determined by the Western Australian Industrial Relations Commission for private industry generally in this State and as they are from time to time published in the Western Australian Industrial Gazette are hereby incorporated in and shall form part of this award.
(2) For the purpose of paragraph (d) of subclause (1) of Clause 5. - Taking Leave of the Long Service Leave Provisions specified in subclause (1) of this clause, the term "annual leave" shall be taken to mean the summer vacation.
(3) Provided that any day referred to in Clause 7. - Holidays of this award on which the employee is relieved of the obligation to present him/herself for work shall be deemed to be "service" for the purpose of those conditions.
13. - PAYMENT OF WAGES
The wages of all employees shall be paid fortnightly.
14. - WAGES
The minimum hourly award rate of wage payable to employees covered by this award operative on and from the commencement of the first pay period on or after 1 July 2007 shall be:
(1) Teachers Aides
Base Rate (Per Hour)$
Arbitrated Safety Net Adjustments
(Per Hour)$
Minimum Award Rate (Per Hour)$
Step 1 9.35 5.92 15.27Step 2 9.54 5.92 15.46Step 3 9.74 5.92 15.66Step 4 9.98 5.92 15.90Step 5 10.27 5.92 16.19Step 6 10.64 5.92 16.56Step 7 10.95 5.92 16.87Step 8 10.71 5.92 16.63Step 9 11.02 5.92 16.94Step 10 11.33 5.92 17.25Step 11 11.63 5.92 17.55Step 12 11.82 5.92 17.74Step 13 11.96 5.92 17.88
(Editor’s Note: ASNA rate is divided by 32.5 hours and discounted by a factor of 48.5/52. Refer decision in Appl 558 of 1989, refer 71 WAIG at 188)
Progression along the wages scale shall be by annual increment.
Level One
Teachers' Aides in Primary Schools, Pre-Primary Schools or Pre-Schools Teaching Assistants
Enter Step 1Exit Step 4
Level Two
Teachers' Aides in Aboriginal Schools, where the required training has been completed.
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Teachers' Aides involved in a Special Education Programme (a part-time programme for one or more students within a mainstream school).
Enter Step 2Exit Step 5
Level Three
Teachers' Aides in Aboriginal Secondary Schools
Teachers' Aides in Special Education Centres (a full-time class, serving a region, within a mainstream school)
Enter Step 4Exit Step 7
Level Four
Teachers' Aides in Aboriginal Schools on satisfactory completion of the first year of Aboriginal Teachers' Training Course
Employees who have completed an approved "Classroom Assistant" Course at a recognised training institution or equivalent as agreed between the Union and the Respondents
Teachers' Aides in Special Education Schools (schools with limited enrolment to students with a particular disability)
Teaching Assistants who have completed initial training as detailed in the Aboriginal Teaching Assistants Programme Manual.
Enter Step 8Exit Step 11
Teachers' Aides in Special Education Schools who have completed an approved "Classroom Assistant" Course at a recognised training institution
Teaching Assistants who have completed year 1 of the Diploma of Teaching or Bachelor of Education as specified in the Aboriginal Teaching Assistants Programme Manual.
Step 12
Level Five
Employees who have completed the Child Care Certificate, National Nursery Examination Board Certificate or other equivalent qualifications as agreed between the Union and the Respondents
Teachers' Aides in Aboriginal Schools on satisfactory completion of the second year of Aboriginal Teachers' Training Course
Teaching Assistants who have completed year 2 of the Diploma of Teaching or Bachelor of Education as specified in the Aboriginal Teaching Assistants Programme Manual.
Step 13
(2) A Teachers' Aide left in charge of pupils for a full session shall be paid at his/her ordinary rate plus 10% for the period for which they are left in charge, provided that, if the period for which the employee is left in
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charge exceeds three days, they shall be paid at the ordinary rate plus 20% for the whole period for which they are in charge.
Base Rate (Per Hour)$
Arbitrated Safety Net Adjustments
(Per Hour)$
Min. Hourly Award Rate (Per Hour)$
(3) (a) Child Care Workers
1st year of experience 11.19 5.80 16.992nd year of experience 12.37 5.80 18.173rd year of experience 13.00 5.80 18.804th year of experience 13.63 5.86 19.495th year of experience 14.27 5.86 20.13
(Editor’s Note: ASNA rate is divided by 32.5 hours and discounted by a factor of 48.5/52. Refer decision in Appl 558 of 1989, refer 71 WAIG at 188)
(b) An employee left in charge of pupils for a full session or more shall be paid no less than the rate applicable to a Child Care Worker in their fifth year of employment for the whole period they are in charge.
(4) The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
(7) An employee who has had previous experience relevant to employment covered by this award may have that experience taken into account in determining the "year of employment" at which an employee is appointed and paid.
(8) A casual employee shall be paid 20 percent in addition to the rates prescribed in this clause.
15. - REST PAUSES AND MEAL BREAKS
(1) All employees shall be allowed a tea break of 10 minutes daily between the second the third hour from starting time each day. Such tea break shall be counted as time worked: provided that such employees responsible for supervising children continue such supervision during the said tea break.
(2) All employees shall be allowed a meal break of not less than 30 minutes nor more than one hour between the hours of 12.00 noon and 2.00 pm. Such time shall not count as time worked.
16. - SPECIAL LEAVE
An employee shall, on sufficient cause being shown, be granted special leave with pay.
17. - LOCATION ALLOWANCE
(1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed
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hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.
TOWN PER WEEKAgnew $17.80Argyle $46.80Balladonia $17.90Barrow Island $30.40Boulder $7.40Broome $28.40Bullfinch $8.40Carnarvon $14.50Cockatoo Island $31.20Coolgardie $7.40Cue $18.10Dampier $24.60Denham $14.50Derby $29.50Esperance $5.30Eucla $19.80Exmouth $25.70Fitzroy Crossing $35.70Goldsworthy $15.70Halls Creek $41.00Kalbarri $6.20Kalgoorlie $7.40Kambalda $7.40Karratha $29.40Koolan Island $31.20Koolyanobbing $8.40Kununurra $46.80Laverton $18.00Learmonth $25.70Leinster $17.80Leonora $18.00Madura $18.90Marble Bar $45.00Meekatharra $15.60Mount Magnet $19.50Mundrabilla $19.40Newman $17.00Norseman $15.40Nullagine $44.90Onslow $30.40Pannawonica $23.00Paraburdoo $22.90Port Hedland $24.50Ravensthorpe $9.40Roebourne $33.80Sandstone $17.80Shark Bay $14.50Shay Gap $15.70Southern Cross $8.40Telfer $41.60Teutonic Bore $17.80
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Tom Price $22.90Whim Creek $29.20Wickham $28.30Wiluna $18.00Wittenoom $39.80Wyndham $44.00(2) Except as provided in subclause (3) of this clause, an employee who has:
(a) a dependant shall be paid double the allowance prescribed in subclause (1) of this clause;
(b) a partial dependant shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.
(3) Where an employee:
(a) is provided with board and lodging by his/her employer, free of charge; or
(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;
such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.
(4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.
(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.
(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.
(7) For the purposes of this clause:
(a) "Dependant" shall mean -
(i) a spouse or defacto partner; or
(ii) a child where there is no spouse or defacto partner;
who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.
(b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.
(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission.
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(9) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.
18. - DEFINITIONS
In this award the following words and phrases shall mean:
"School" - any independent pre school, pre primary centre, care centre, primary school or secondary school.
"School year" - that part of a calendar year from and including the first day in that year on which that school opens for attendance of teachers to and including the last day in that year that such school is open for that purpose.
"Child Care Worker" means a person employed as such who holds the Child Care Certificate, National Nursery Examination Board Certificate or other qualification in early child care or education which is agreed by the employer and the Union as being of equivalent standard.
"Teaching Assistant" means "Teachers' Aide" for all purposes of this Award. Teaching Assistants are employed in Catholic schools under the Aboriginal Teaching Assistants Programme.
19. - MATERNITY LEAVE
(1) Eligibility for Maternity Leave
An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the day upon which she proceeds upon such leave.
For the purposes of this clause:
(a) An employee shall include a part time employee but shall not include an employee engaged upon casual or seasonal work.
(b) Maternity leave shall mean unpaid maternity leave.
(2) Period of Leave and Commencement of Leave
(a) Subject to subclauses (3) and (6) of this clause, the period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement.
(b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement.
(c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken.
(d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) of this subclause if such failure is occasioned by the confinement occurring earlier than the presumed date.
(3) Transfer to a Safe Job
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Where, in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) of this clause.
(4) Variation of Period of Maternity Leave
(a) Provided the addition does not extend the maternity leave beyond 52 weeks the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened.
(b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.
(5) Cancellation of Maternity Leave
(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.
(b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that she desires to resume work.
(6) Special Maternity Leave and Sick Leave
(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then:
(i) She shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work; or
(ii) For illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work.
(b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.
(c) For the purposes of subclauses (7), (8) and (9) of this clause maternity leave shall include special maternity leave.
(d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3) of this clause, to the position she held immediately before such transfer.
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Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.
(7) Maternity Leave and Other Leave Entitlements
Provided the aggregate of leave including leave taken pursuant to subclause (3) and (6) of this clause does not exceed 52 weeks.
(a) An employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled.
(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on maternity leave.
(8) Effect of Maternity Leave on Employment
Notwithstanding any award, or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the award.
(9) Termination of Employment
(a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.
(b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.
(10) Return to Work After Maternity Leave
(a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less then four weeks prior to the expiration of her period of maternity leave.
(b) An employee, upon the expiration of the notice required by paragraph (a) of this subclause shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3) of this subclause, to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.
(11) Replacement Employees
(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.
(b) Before an employer engages a replacement employee under this subclause the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
(c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.
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(d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.
(e) A replacement employee shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the 12 months qualifying period.
20. - LIBERTY TO APPLY
Liberty is reserved to the Union to apply to make application to vary this award to provide for the payment of an annual leave loading.
21. - SUPERANNUATION
The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.
(1) Employer Contributions:
(a) (i) The employer shall contribute 9% of ordinary time earnings per eligible employee into either the Catholic Schools' Superannuation Fund (WA), the Newman Colleges' Staff Superannuation Plan, or Concept One Superannuation Plan which comply with the guidelines established by the Occupational Superannuation Commission, or
(ii) an exempted Fund allowed by subclause (4) of this clause.
(b) Employer contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer.
(c) No contributions shall be made for periods of unpaid leave, or unauthorised absences in excess of 38 ordinary hours or for periods of workers' compensation in excess of 52 weeks. No contributions shall be made in respect of annual leave paid out on termination or any other payments on termination.
(2) Fund Membership:
(a) Contributions in accordance with subclause (1) - Employer Contributions of this clause, shall be calculated by the employer on behalf of each employee from the date one month after the employee commences employment, unless the employee fails to return a completed application to join the Fund and the employer has complied with the following:
(i) the employer shall provide the employee with an application to join the Fund and documentation explaining the Fund within one week of employment commencing.
(ii) If the employee fails to return to the employer a completed application to join the Fund within two weeks of receipt, the employer shall send to the employee by certified mail, a letter setting out relevant superannuation information, the letter of denial set out in subclause (6) of this clause and an application to join the Fund.
(iii) Where the employee completes and returns the letter of denial, no contribution need be made on that employee's behalf.
(iv) Where the employee completes and returns neither the application to join the Fund nor the letter of denial within one week of postage, the employer shall advise either the Union or the Fund Administrator in writing of the employee's failure to return the completed form.
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(v) From two weeks following the employer's advice pursuant to paragraph (iv) of this subclause should the employee not have returned the completed form the employer shall be under no obligation to make superannuation payments on behalf of that employee.
Provided that if at any time an employee returns a signed application form, notwithstanding a previous failure to return such form or the return of a letter of denial, the employer shall make contributions on behalf of that employee from the date of return of the signed application form.
(b) Part time and casual employees shall not be entitled to receive the employer contribution mentioned in subclause (1) - Employer Contributions of this clause, unless they work a minimum of 12 hours per week.
(c) Casual employees who are employed for 32 consecutive working days or less shall not be entitled to the benefits of this clause.
(3) Definitions:
"Approved Fund" shall mean any Fund which complies with the Australian Government's Operational Standards for Occupational Superannuation.
"Ordinary time earnings" shall mean the salary, wage or other remuneration regularly received by the employee in respect of the time worked in ordinary hours and shall include shift work penalties, payments which are made for the purpose of District or Location Allowances or any other rate paid for all purposes of the award to which the employee is entitled for ordinary hours of work PROVIDED THAT "ordinary time earnings" shall not include any payment which is for vehicle allowances, fares or travelling time allowances (including payments made for travelling related to distant work), commission or bonus.
(4) Exemptions:
Exemption from the requirements of this clause shall apply to an employer who at the date of this Order:
(a) was contributing to a Superannuation Fund, in accordance with an Order of an industrial tribunal; or
(b) was contributing to a Superannuation Fund, in accordance with an Order or Award of an industrial tribunal, for a majority of employees and makes payment for employees covered by this award in accordance with that Order or Award; or
(c) Subject to notification to the Union, was contributing to a Superannuation Fund for employees covered by this award where such payments are not made pursuant to an Order of an industrial tribunal; or
(d) was not contributing to a Superannuation Fund for employees covered by this award; and
(i) written notice of the proposed alternative Superannuation Fund is given to the Union; and
(ii) contributions and benefits of the proposed alternative Superannuation Fund are no less than those provided by this clause; and
(iii) within one month of the notice prescribed in paragraph (i) of this subclause being given, the Union has not challenged the suitability of the proposed Fund by notifying the Western Australian Industrial Relations Commission of a dispute.
(5) Letter of Denial:
The letter of denial shall be in the following form:
"To (employer)
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I have received an application for membership of the non-contributory Superannuation Fund and understand:
(1) that should I sign such form you will make contributions on my behalf; and
(2) that I am not required to make contributions of my own; and
(3) that no deduction will be made from my wages for superannuation without my consent.
However, I do not wish to be a member of the Fund or have contributions made on my behalf.
_____________(Signature)
_____________(Name)
_____________(Address)
______________(Classification)
_______________(Date)"
Compliance, Nomination and Transition
Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -
(a) Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -
(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and
(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;
(b) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;
(c) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;
(d) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;
(e) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;
(f) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;
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Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -
(g) if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;
or
(h) if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.
22. - CONSULTATIVE PROVISIONS
(1) The parties to this award are committed to award modernisation and to improving efficiency, and to enhance the career opportunities and job security of employees.
(2) In order to facilitate the outcomes of subclause (1) hereof, there will be consultation and, as appropriate, there will be established consultative mechanisms with equitable representation of employers and the Union which will provide:
(a) for the continuation of the award restructuring process as determined, from time to time, by the Western Australian Industrial Relations Commission;
(b) a forum which will deal with ongoing claims for wages and conditions;
(c) the means by which the development of the independent school sector can be positively pursued by the parties.
(3) Liberty to apply is reserved in respect of any amendments, deletions or additions pertaining to the provisions of this clause.
23. - DISPUTE SETTLING PROCEDURE
(1) The principle of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any questions, disputes or difficulties that may arise.
(2) The parties shall take an early and active part in discussion and negotiation aimed at preventing or settling questions, disputes or difficulties in accordance with the agreed procedure set out hereunder.
(3) Procedure of Settlement of Disputes
(a) The employee and the employee’s supervisor should confer, clearly identify the facts and where possible, resolve the issue.
(b) If not resolved, the employee, the Union representative, the supervisor and employer representative shall confer and, where possible, resolve the issues.
(c) If not resolved the parties may confer with the parties to this award on this matter, and where possible, resolve the issue.
(d) If the matter is still not settled, either party may submit the matter for conciliation/arbitration by the Western Australian Industrial Relations Commission.
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(4) Until the matter is resolved in accordance with the above procedure, the status quo shall remain. While the above procedure is being followed, no party shall be prejudiced as to the final settlement by the continuation of work in accordance with this procedure.
(5) It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this award any party may at any time apply for variation of the award to eliminate the alleged uncertainty or ambiguity.
(6) The provision of this clause shall not preclude an employee from discussing any grievance with a union representative as he or she deems fit. Neither shall the provision of this clause pre-empt, limit or delay the right of the union to enter into direct negotiations with the employer to resolve matters in dispute or to address matters of mutual concern.
24. - REDUNDANCY
(1) Definitions
The following definitions shall apply for the purposes of this clause:
(a) Business includes trade, process, business or occupation and includes part of any such business.
(b) Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone.
(c) Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.
(d) Weeks’ pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:
(i) overtime;(ii) penalty rates;(iii) disability allowances;(iv) shift allowances;(v) special rates;(vi) fares and travelling time allowances;(vii) bonuses; and(viii) any other ancillary payments of a like nature.
(2) Consultation Before Terminations
(a) Where an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and that decision may lead to termination of employment, the employer shall consult the employee directly affected and if an employee nominates a union to represent him or her, the union nominated by the employee.
(b) The consultation shall take place as soon as is practicable after the employer has made a decision to which subclause 2(a) of this clause applies and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the employees concerned.
(c) For the purpose of the consultation the employer shall, as soon as practicable, provide in writing to the employees concerned and if an employee nominates a union to represent him or her, the union nominated by the employee, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer’s interests.
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(3) Transfer to lower paid duties
(a) Where an employee is transferred to lower paid duties by reason of redundancy the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated.
(b) The employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract of employment.
(4) Severance Pay
(a) In addition to the period of notice prescribed for ordinary termination, an employee whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a continuous period of service, provided that the entitlement of any employee whose employment terminates on or before 1 February 2006 shall not exceed 8 weeks’ pay:
Period of continuous service Severance payLess than 1 year Nil1 year and less than 2 years 4 weeks’ pay2 years and less than 3 years 6 weeks’ pay3 years and less than 4 years 7 weeks’ pay4 years and less than 5 years 8 weeks’ pay5 years and less than 6 years 10 weeks’ pay6 years and less than 7 years 11 weeks’ pay7 years and less than 8 years 13 weeks’ pay8 years and less than 9 years 14 weeks’ pay9 years and less than 10 years 16 weeks’ pay10 years and over 12 weeks’ pay
(b) Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.
(c) For the purpose of this clause continuity of service shall not be broken on account of -
(i) any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding the obligations of this clause in respect of leave of absence;
(ii) any absence from work on account of leave granted by the employer; or
(iii) any absence with reasonable cause, proof whereof shall be upon the employee;
Provided that in the calculation of continuous service any time in respect of which any employee is absent from work except time for which an employee is entitled to claim paid leave shall not count as time worked.
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Service by the employee with a business which has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with clause 2(3) or (4) of the Long Service Leave Provisions published in Part 1 (January) of each volume of the Western Australian Industrial Gazette shall also constitute continuous service for the purpose of this clause.
(5) Employee leaving during notice period
An employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. However, in this circumstance the employee will not be entitled to payment in lieu of notice.
(6) Alternative employment
(a) An employer, in a particular redundancy case, may make application to the Commission to have the severance payment prescribed varied if the employer obtains acceptable alternative employment for an employee.
(b) This subclause does not apply in circumstances involving transmission of business as set out in subclause (7) of this clause.
(7) Transmission of business
(a) The provisions of Clause 24 are not applicable where a business is before or after 1 June 2005, transmitted from an employer (in this subclause called “the transmittor”) to another employer (in this subclause called “the transmittee”), in any of the following circumstances:
(i) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
(ii) Where the employee rejects an offer of employment with the transmittee:
(aa) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(bb) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service with the transmittee.
(b) The Commission may vary subclause (7)(a)(ii) if it is satisfied that this provision would operate unfairly in a particular case.
(8) Notice to Centrelink
Where a decision has been made to terminate employees in the circumstances outlined in subclause (2) of this clause, the employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of employees normally employed and the period over which the terminations are intended to be carried out.
(9) Employees exempted
This clause does not apply:
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(a) where employment is terminated as a consequence of serious misconduct that justifies dismissal without notice;
(b) except for subclause (2) of this clause, to employees with less than one year’s service;(c) except for subclause (2) of this clause, to probationary employees;(d) to apprentices;(e) to trainees;(f) except for subclause (2) of this clause, to employees engaged for a specific period of time or for a
specified task or tasks; or(g) to casual employees.
(10) Employers Exempted
Subject to an order of the Commission, in a particular redundancy case, subclause (4) of this clause shall not apply to employers who employ less than 15 employees.
(11) Incapacity to pay
An employer or a group of employers, in a particular redundancy case, may make application to the Commission to have the severance payment prescribed varied on the basis of the employer’s incapacity to pay.
25. - INTRODUCTION OF CHANGE
(1) Employer’s Duty to Notify
(a) Where an employer decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and, if an employee nominates a union to represent him or her, the union nominated by the employee.
(b) “Significant effects” includes termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of a job opportunity, a promotion opportunity 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.
(2) Employer’s Duty to Consult over Change
(a) The employer shall consult the employees affected and, if an employee nominates a union to represent him or her, the union nominated by the employee, about the introduction of changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment).
(b) The consultation shall commence as soon as practicable after making the decision referred to in subclause (1) of this clause.
(c) For the purpose of such consultation the employer shall provide in writing to the employees concerned and, if an employee nominates a union to represent him or her, the union nominated by the employee, 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, provided that any employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer’s interests.
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APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).
(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.
(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.
(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.
(ii) Discussions at this level will take place as soon as practicable.
(3) The terms of any agreed settlement should be jointly recorded.
(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.
(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.
(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..
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SCHEDULE A - PARTIES TO THE AWARD
The following organisation is a party to this award:
The Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch
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SCHEDULE B - RESPONDENTS
The Catholic Education Commission of WA50 Ruislip StreetLEEDERVILLE WA 6007
Forrestfield Christian School45 Berkshire RoadFORRESTFIELD WA 6058
Helena Independent SchoolPO Box 66DARLINGTON WA 6070
Montessori Children's Centre2 Egham RoadVICTORIA PARK WA 6100
Perth College31 Lawley CrescentMOUNT LAWLEY WA 6050
Anglican Schools Commission1st Floor, 272 Selby StreetWEMBLEY WA 6014
The Quintilian School46 Quintilian DriveMT CLAREMONT WA 6010
Association of Independent Schools ofWestern Australia (Inc.)3/41 Walters DriveHerdsman Business ParkOSBORNE PARK WA 6017
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ST HILDA'S ANGLICAN SCHOOL FOR GIRLS (INC) (ENTERPRISE BARGAINING) AGREEMENT 2008
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE INDEPENDENT EDUCATION UNION OF WESTERN AUSTRALIA, UNION OF EMPLOYEES, ST HILDA'S ANGLICAN SCHOOL FOR GIRLS INC., LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH.
APPLICANTS-v-
(NOT APPLICABLE)RESPONDENT
CORAM COMMISSIONER P E SCOTTDATE MONDAY, 27 JUNE 2008FILE NO/S AG 10 OF 2008CITATION NO. 2008 WAIRC 00381
Result Agreement Registered
Representation
Applicants Ms M Cook The Independent Education Union of WA
Mr P McMahon The Liquor, Hospitalities and Miscellaneous Union
Order
HAVING heard Ms Cook on behalf of The Independent Education Union of Western Australia, Union of Employees, and Mr McMahon on behalf of the Liquor, Hospitalities and Miscellaneous Union and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 hereby orders:
THAT the St Hilda’s Anglican School for Girls (Inc) (Enterprise Bargaining) Agreement 2008 in the terms of the following schedule be registered on the 27th day of June 2008 and shall cancel St Hilda’s Anglican School for Girl’s Inc (Enterprise Bargaining) Agreement 2006.
COMMISSIONER P E SCOTT
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