Secure employment test case settled

By Brenda Seymour

The Federation and the Department settled the Secure Employment test case matters for schools and Saturday schools before the President of the Industrial Relations Commission on July 27.

A comprehensive settlement for the schools sector and an award variation for the Saturday schools were described by His Honour as "matters of significance" and the parties were congratulated on the outcome of what have been complex negotiations in making the state test case fit the school and Saturday school teaching service. The Department of Education and Training (DET) will immediately advise teachers of the new arrangements for appointments in 2007.

Temporary school teachers who have been in engagements under the terms of the settlement will, for 2007, be appointed to positions ahead of the employment list. For the Saturday school those in regular positions under the terms of the award variation will have greater security. There is nothing that stops teachers having more than one permanent job so a school teacher can be a permanent school teacher and a "permanent" Saturday school teacher.

DET and Federation have agreed to a two tier position regarding long term temporary full time and part time employees' access to permanency and the filling of vacant school teacher positions.

The first tier consists of a one-off, long term temporary placement process. Under this process, temporary teachers who were employed in the one position for the whole 2005 school year and who have a temporary engagement for the whole of the 2006 school year in the same position will be given the opportunity to apply for the position. Provided that it is an ongoing, vacant position, a temporary teacher who applies will be converted to permanency in that position from 2007 subject to there being no outstanding transfer applications. It is proposed that schools be advised of the first tier process early in term 3.

The second tier involves an audit process. From 2007 a review to identify all temporary engagements covering vacant positions will be conducted prior to the end of terms 2 and 3 each year. If there is no appropriate reason for a vacant position remaining unfilled on a permanent basis the Staffing Services Directorate will fill the position in accordance with the staffing agreement. The following considerations will underpin the implementation of this long term temporary placement process:

• Monitoring of the implementation of the provisions will occur through the DET/Federation Management Committee;
• To accommodate internal discussions between the parties DET will provide more detailed data on part time employment on 'without prejudice' and confidential bases;
• For any temporary teacher who is given the right to apply for a position, the Department shall consent or refuse the application, but shall not unreasonably refuse and when deciding whether to consent or to refuse an application made in accordance with the Department's proposal of June 27, 2006, DET will not consent to conversion if conversion would result in the temporary teacher being appointed to a position which is already occupied by a permanent teacher who is on leave or otherwise absent, or because the temporary engagement is to fill a vacancy while permanent recruitment action is underway;
• Under the proposed long term placement process, temporary teachers who were employed in the one position for the whole 2005 school year and who apply for conversion will be converted to permanency in that position from 2007 provided that it is an ongoing, vacant position and subject to there being no outstanding transfer applications. Where the position is not an ongoing, vacant position or there are outstanding transfer applications, the temporary teacher will be advised in writing. Any dispute about a refusal of an application to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition by the General Manager of Industrial Relations and Employee Services or his/her nominee and the General Secretary of the Federation or his/her nominee;
• Under the proposed long term placement process, temporary teachers who were employed in more than one part time position for the whole 2005 school year and who have a temporary engagement for the whole for the 2006 school year in the same positions will be given the opportunity to apply for the positions;
• Under the proposed long term temporary placement process, a temporary teacher who has worked on a full time basis in a position for all of 2005 and has an engagement for all of 2006 in the same position on a full time basis will be able to apply for conversion to a permanent full time employment in that position.
• Under the proposed long term temporary placement process, a temporary teacher who has worked on a part time basis in a position or positions for all of 2005 and has an engagement or engagements on a part time basis for all of 2006 in the same position or positions will be able to apply for conversion to permanent part time employment in that position or positions; on the basis of the same number of hours and times of work as previously worked unless other arrangements are agreed between the Department and the temporary teacher.

A part time temporary teacher must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this agreement.

Brenda Seymour is the Assistant General Secretary (Research and Industrial).

For further information

August 2006 contents