FAQs for part time casuals
DIANE HAGUE answers frequently asked questions about the new conditions of employment for part time casual teachers in TAFE.
What do the new related duties provisions mean?
The related duties provisions mean that, from July 18, 2005, part time casual (PTC) teachers who teach 10 hours or more a week in one Institute under one or more approved programs shall be entitled to payment for related duties on a sliding scale at the teaching duties rate, provided they attend to perform the related duties. In other words, it is mandatory payment for mandatory attendance.
How many hours related duties does a PTC teacher get paid for each hour of teaching 10 or more hours a week?
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Teaching duties hours
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related duties hours
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19 hours or more per week
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6 hours 20 minutes
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18 hours
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6 hours
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17 hours
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5 hours 40 minutes
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16 hours
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5 hours 20 minutes
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15 hours
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5 hours
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12 to less than 15 hours
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3 hours
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10 to less than 12 hours
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1 hour
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What are the related duties payments for?
The related duties payments are for duties associated with the PTC teacher's teaching section as well as for duties related to the PTC teacher's direct teaching activities that are set out in subclause 59.7 of the Teachers award.
The NSW Industrial Relations Commission's decision on the TAFE PTC case recognised that PTC teachers were undertaking duties at work that were beyond those detailed in subclause 59.7 of the Teachers award. These duties were by and large unpaid and the more hours that were taught by PTC teachers, the more likely they were undertaking additional unpaid duties at work. The new related duties payments acknowledge that these duties should attract payment but also that PTC teachers should be able to undertake preparation and marking during these times as well.
How do the duties in the related duties hours get allocated?
The duties in the related duties hours get allocated in the same way as that for full time teachers. The settlement between the Department and the Federation specifically stated: "In the allocation of related duties, it is important that Institutes are aware that part time casual teachers are to be treated no differently than full time teachers (except to acknowledge that part time casual teachers will have less related duties time)."
So a head teacher/coordinator can't direct a PTC teacher what to do in the related duties time?
No. It must be discussed and agreed. Full time teachers are not expected to perform on a weekly basis the full list of duties related to teaching that is documented in the Teachers award at clause 40, Duties of Teachers. PTC teachers will not be expected to do so either. Some of the duties listed might never be performed by full time or PTC teachers.
Between 10 and less than 12 hours a week, where there is only one hour per week related duties, the duties in subclause 59.7 will by and large be the only duties performed. From 12 hours to less than 15 hours per week, where the related duties are three hours per week, there will be some contribution to the duties associated with the section. From 15 to 19 hours per week, where each teaching hour attracts 20 minutes related duties, there is more integration in the teaching section.
What sort of duties would the Federation see as being performed in an average teaching week?
In an average teaching week, related duties time is normally taken up with preparation, marking, record keeping (including CLAMS), student contact and the occasional staff meeting as occurs now for full time teachers. What the Federation hopes is that the contribution that PTC teachers have made unpaid in the past to their teaching sections is now recognised by their full time colleagues and they are more fully integrated into their section.
Does the teaching section have to provide PTC teachers who are entitled to related duties with a work space to undertake them?
Yes. Institutes and colleges now have an obligation to ensure that PTCs who are entitled to related duties time have their own work spaces.
Are these related duties hours required to be recorded on an EC form?
Yes. A PTC teacher cannot be paid the hours unless they are recorded on an Establishment Control (EC) form and all the EC forms have been revised to take the settlement and award variation into account. It is mandatory payment but that requires mandatory attendance and must be recorded.
What if a PTC teacher who was already teaching between 10 and 19 hours per week could not attend for any more hours?
The related duties hours are to compensate a PTC teacher for work that the evidence in Federation's case showed they were already doing in their sections. If for some reason, a PTC teacher cannot attend for more hours, the PTC teacher should consider reducing their teaching time. For example, a PTC teacher teaching 15 hours per week in semester 1 of 2005 could now teach 12 hours per week in semester 2 and still be paid 15 hours.
If a PTC teacher does not record related duties hours on their EC form then the hours will not be paid.
What are the best times to attend for related duties?
The best times to attend are around a PTC's teaching program. There are no provisions for split shifts in teachers' conditions of employment. The Teachers award states that split shifts are not to be included as part of a PTC's program unless the PTC teacher requests these and they are approved by the immediate supervisor. A PTC teacher cannot be directed to do split shifts.
What if a staff meeting is held outside a PTC's related duties time and the head teacher requests their attendance?
There continues to be provision in the award for payment for attendance at staff meetings. If the head teacher schedules a staff meeting outside the PTC's related duties time and requires attendance then the head teacher can pay the Duties other than teaching (DOTT) rate for attendance.
If a PTC teacher also has been paid coordination/consultancy hours will these continue?
Yes. Coordination/consultancy duties were separately recognised in the Industrial Relations Commission decision and will not form part of a PTC's related duties time. However, they are not counted as teaching hours for the purposes of determining related duties.
Do the related duties hours count for leave purposes?
Yes. The hours count as service towards sick leave, personal/carer's leave, bereavement leave, long service leave and unpaid parental leave.
Will the implementation of the award variation result in more work for head teachers?
There is some additional work mastering the revised EC system. If a PTC teacher is teaching in more than one section in the Institute then the revised EC provides a mechanism for that to be communicated but this will require communication with other sections to ensure the related duties hours are recorded and paid correctly. Head teachers should continue to insist on additional resources in order to deal with increased workload, in line with Federation's campaign on head teacher workload.
What does the award variation mean for PTCs travelling on official business?
From February 7, 2005, Schedule 12, Excess Travel and Compensation for Travel on Official Business -- TAFE Teachers, was amended to include PTC teachers. For the purposes of travelling compensation, headquarters is defined as the college/campus where the major part of the teacher's approved program is performed. PTC teachers often have separate engagements in different teaching sections across any one Institute. However, if a PTC teacher has more than one engagement within a section supervised by one head teacher across more than one college/campus then the headquarters is that engagement where the most hours are taught and travelling compensation must be paid. Additionally, when PTCs are required as part of their approved program to travel to businesses for teaching, workplace training and workplace assessment, travelling compensation must be paid.
What does the settlement relating to temporary teacher appointments mean?
The settlement means that, where it is identified that a teacher will be required to deliver on a temporary basis within one Institute a program of 19 hours or more a week for 12 or more consecutive weeks in a semester, then recruitment action must be taken to employ a TAFE temporary teacher. The 19 hours a week can include coordination as well as teaching hours.
How are the temporary teacher positions identified and advertised?
The identification process involves head teachers or other immediate supervisors and teaching staff including affected PTC teachers. Once the Institute is notified of a position being available, then recruitment action will take place. In accordance with Government policy, displaced and excess employees have to be considered in the first instance for these positions.
After that, the positions are to be advertised in the TAFE Gazette and, at the Institute's discretion, internal Institute advertising mechanisms. The pool of applicants is limited to long serving PTC teachers and TAFE temporary teachers within the Institute where the vacancy exists. There is the possibility of external advertising but subject to certain provisos.
Where can I get more information on all these issues?
Two policies have been developed to assist the implementation of the award variation. These are:
- TAFE NSW Part Time Casual Teachers -- Conditions of Employment Policy -- published in the TAFE Gazette of 3 August 2005
- TAFE Temporary Teachers -- Conditions of Employment Policy -- published in the TAFE Gazette of 20 July 2005.
Diane Hague is an Industrial Officer.
Bedding down the new PTC conditions
For further information
August 2005 contents
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