Basis of Settlement

Without Prejudice

Agreement between the Department of Education and Training and the New South Wales Teachers Federation for Teachers in the Departmentof Education and Training System.

This agreement is underpinned by:

• Recognition that the public education system is advantaged by a greater integration of Schools and TAFE;
• Recognition that this greater integration will enhance curriculum opportunities for students;
• Acknowledgment of the advantages to public education of stability in employment practices over the life of the award at a time of educational change;
• The importance to public education of maintaining high standards through accountability at all levels of the system; and;
• The provision of measures to address anomalies in salaries and allowances.

• one general section (including clauses for anti-discrimination; area, incidence and duration; the common incremental salary scale for classroom teachers; no industrial action, no extra claims and GST);
• one section for school teachers and related employees, and;
• one section for TAFE teachers and related employees.

2. Salaries, Allowances and Duration This agreement will provide for the following overall increases in salary and allowances:

• 4 percent on and from 3 April 2000
• 3 percent on and from 1 July 2001
• 4 percent on and from 1 July 2002
• 5 percent on and from 1 January 2003

For 2003 TAFE teachers on the top of the common incremental scale will be paid a one-off (superannuable) allowance to bring their total quantum of salary increase to 16.9 percent under this salaries agreement.

The salary increase for teachers on the common incremental scale will be according to Appendix 1 which applies a 16% increase broadly across the scale. In addition, to enhance the top of the common incremental scale from July 2003 an amount of $300 per annum will be allocated to school teachers on the top of the common incremental scale.

There shall be a Director General?s determination to ensure the salary increases for 2000 and the cash payment. A consent award shall commence from January 1 2001 to provide for the remaining salary increases and other award-related provisions of this agreement.

The consent award will expire on 31 December 2003.

3. Temporary teachers From January 2001, temporary school teachers will be entitled to pro rata salary and conditions of permanent teachers.

A phasing in strategy to enable temporary school teachers to access the top of the scale will be introduced.

The phasing in will occur according to the following schedule:

Progression to

• January 1 2001 step 9
• January 1 2005 step 13

The existing daily rates for casual teachers shall be increased by determination for 2000. From January 2001 the rates will be loaded by 5 percent in lieu of sick leave, short leave, special leave of absence and leave loading. These rates will then be adjusted by the salary increases applying under the award.

The Department will maintain the following practice: when a teacher has occupied a single substantive part time position in a casual capacity for more than 2 years, and it is expected that the position will continue, the teacher may apply for conversion to permanent part time status in that position.

The Department will seek to maximise the filling of vacancies in schools by the appointment of permanent teachers, including permanent part-time teachers, where reasonably practicable.

4. Additional year adviser allowances From January 2001, payment of year adviser allowances will be extended to advisers of Years 11 and 12 students in schools with 700 or more secondary students.

5. Reclassification of Executive Teachers to Assistant Principals On day one, term one, 2003, all executive teachers will be reclassified as assistant principals. No positions will be lost due to this reclassification process.

6. Teachers-in-charge of hospital schools From January 2001, teachers-in-charge of hospital schools will be paid the equivalent of teachers-in-charge of field studies centres grade 1.

7. Teacher quality To provide feedback on teachers? performance each teacher?s principal, institute director or nominee will ensure that the teacher?s performance is appraised by annual review. This appraisal will be based on a strengthened teacher assessment review process and will be implemented from the beginning of term four, 2000 as follows:

• An officer shall be entitled to progress along or be maintained on the common incremental scale or the salary level for a promotions position after each 12 months of service subject to the officer demonstrating by means of an annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth.
• The officer?s principal, institute director or nominee shall be responsible for annually reviewing the performance and development of the officer undertaking his/her work.
• For school teachers, (including temporary teachers) this annual review shall be supported by:
  • conferences between the teacher and the principal, or nominee;
  • observations of educational programs;
  • review of documentation such as lesson planning, lesson material and student work, plans, evaluations and reports, as appropriate;

• the level of experience of the teacher (so that less experienced teachers are given greater attention) and;
• The particular circumstances of the school.

For TAFE teachers the "Salary/Wages Progression Policy 94/H/0025" (to be known as the Annual Review Policy) will need to be amended to apply to all teachers. The process of review will require verification by the Institute Director or nominee. The annual review for TAFE teachers shall be reported by way of an amended Teacher Assessment Review Form.

Any TAFE teacher who does not satisfy the teacher training requirements as determined by the Managing Director will not progress morethan one step along the common incremental salary scale above the salary step paid on initial appointment.

8. Teaching hours for years 11 and 12 in schools 1.The purpose of this section is to increase the delivery of VET in schools and to enhance the curriculum opportunities available for post-compulsory secondary students arising from the new HSC.

2.A secondary school shall have core hours sufficient to operate a 8 x 40 minute timetable (or its equivalent).

3.A principal shall arrange for timetabling of classes for the year (or other period over which a school?s timetable may apply) to maximise the extent to which the curriculum preferences of students can be satisfied to meet the purpose in paragraph 1 above.

4.In addition to the core hours a principal may timetable classes for years 11 and 12 outside core timetable hours between the hours of 7.30am and 5.30 pm where to not do so would unnecessarily restrict student course choice. In doing so the principal is to consult with the school community and take into account issues of course access for students, parental concerns and practical matters relating to the operation of classes at such times.

5.A teacher shall not unreasonably refuse to teach classes at this time.

6.Provided that the overall hours of duty of a teacher shall not be exceeded, a teacher covered by the above paragraphs and working beyondthe core timetable hours shall be entitled to an equivalent period of core timetabled time off during the week.

7.Wherever possible, the time off should be at the beginning or end of the school core timetable day.

8.A teacher shall not be required to be timetabled both before and after the core timetable day on any given day.

School teachers may be programmed to teach in more than one location including TAFE.

TAFE teachers may be programmed to teach in more than one location including schools.

Where this occurs there shall be full consultation with the affected teacher or teachers, including sufficient notice and any specific needs of the affected teacher or teachers shall be taken into account.

The current TAFE and schools awards travelling compensation and time credit provisions will apply to TAFE and school teachers respectively.

If, by agreement, school teachers teach after 5.30 pm in a TAFE location they will receive the monetary equivalent of the time credit provided under the TAFE award.

10. Enhancements to TAFE delivery From January 2001, the strategies in Appendix 2 will be implemented in TAFE to meet the imperatives of the competitive environment.

By the end of 2002 the Government will conduct a review of the National Training Reform Agenda and the implications of ANTA funding arrangements for TAFE NSW.

11. Assessment and reporting and quality of educational outcomes The following will be implemented:

• The Basic Skills Tests
• English Literacy and Language Assessment tests
• Annual school reports and associated school self-evaluation and improvement programs
• School development policy
• Procedures for managing teachers who are experiencing difficulties with their teaching performance
• The School Certificate and the Higher School Certificate
• Secondary Numeracy Assessment Program
• Computing Skills Assessment Years 6 and 10.

12. No Industrial Action and No extra claims This Agreement is made on the basis that there will be no industrial action and no further salaries or conditions claims by the parties prior to December 31, 2003 in relation to matters expressly contained in the award or this agreement.

13. Goods and Services Tax The parties will monitor the overall impact of the Commonwealth Government?s goods and services tax through the life of the agreement. In the event that the Industrial Relations Commission makes a State decision (as defined by section 49 of the Industrial Relations Act, 1996) having regard to the impact on wages of the GST, the Federation reserves the right to make application to the Commission in relation to that decision.

14. Existing Claims The Teachers Federation agrees to discontinue the following award applications:

• NSW Education Employees (Non-continuing Contract Employment) Award IRC97/434 as it applies to the Department of Education and;
• Training and TAFE NSW
• Crown Employees (Teachers and Related Employees) Salaries and Conditions Award IRC99/6600
• NSW TAFE Commission Teachers and Other Educational Employees - Salaries and Conditions Award IRC99/6601
• Variation NSW TAFE Commission Teachers and Other Educational Employees Salaries and Conditions Award Re Casual Part Time Teachers Conditions IRC98/4111.
  The Department of Education and Training agrees to discontinue its Teachers Professional Officers, Senior Professional Officers and Related Employees Salaries and Conditions Award IRC99/6099.

  15. Casual Part Time Teachers in TAFE Notwithstanding clauses 12 and 14 (No industrial action or extra claims and Existing claims), the Teachers Federation reserves the right to apply, not before July 2003, to the Industrial Relations Commission for an award variation to vary the conditions of casual part time TAFE teachers in respect of the conditions of full time teachers,. The parties agree that no financial consequence of any decision in relation to the application shall take effect before January 2004.

  16. Drafting of the Consent Award The consent award shall draw on the 1996 awards in schools and TAFE amended to reflect the current agreement between the parties as well as the deletion of clauses that are obsolete or superseded.

  Appendix 1 Appendix 1 contains the salary rates for all classifications - These will be posted when they have been checked and verified with the DET. Appendix 2 A. TAFE Teacher Approved Program

  TAFE teachers shall contribute to the achievement of Institute output requirements as measured in Annual Student Contact Hours (ASCH).

  TAFE teachers will be required to teach 19 hours of direct face-to-face teaching including face-to-face teaching in any environment or setting including, but not limited to, classrooms, workshops, industry, in the field, by distance mode and online, and including workplace training and assessment.

  Only at the discretion of the Institute Director (or nominee) discretion will any reduction in the teaching load be permitted. If any such reduction is permitted, the teacher will not also be paid for excess hours.

  The pattern of teaching programs will be flexible. To this end the averaging arrangements will be applied over a year. In the averaging arrangements, teachers will not be required to undertake direct teaching activities of more than 24 hours in any one week during the semester.

  Where teachers are requested and agree to teach excess hours during the averaging program this work will be remunerated at the hourly rate for part time casuals at the end of the semester.

  Separate arrangements may be developed for the delivery of short intensive commercial courses and offshore courses.

  In addition to direct face to face teaching, the work of the teacher also includes a broad range of related duties. Related duties include but are not limited to: preparation, marking, support and advice to clients, enrolment and administration, course, curriculum and program development and review, industry and community liaison and promotion, training and professional development, development of learning materials, research, attendance at staff meetings, Recognition of Prior Learning (RPL), workplace consultancy and advisory services, skills analysis and audit, course coordination as specified in curriculum documents, Work placement coordination and supervision, leading approved staff development activities, student selection.

  Annual student contact hours (ASCH) will be generated in both direct teaching and in related duties.

  The allocation of related duties will be consistent with the 1996 TAFE award.

  Calculation of Teacher Duties Program Approved Program Direct Teaching Activities Related Duties Beginning and end of Semester period 30hrsX5wks. Total Annual Hours 684 (+36) 360 150 1230 Annual Student Contact Hours (ASCH) will be maximised by utilising a range of strategies outlined below.

  B. Maximising Annual Student Contact Hours (ASCH) Annual Student Contact Hours (ASCH) will be maximised by utilising a range of strategies. If requested, consultation will occur at the local level between the teaching section and their line manager regarding educational soundness, appropriate resources and OH&S.

  Such strategies include:

  • Ensuring that all available student places are filled.
  • Continual or "topping up" of enrolments as students meet module outcomes or units of competence and move out of the class. This will result in an increased throughput of students.
  • Continual or "topping up" of enrolments to replace enrolled students who have not commenced the course, or who have officially withdrawn from modules or who have been absent from class without notice for four consecutive weeks.
  • Enrolment of students in modules to undertake the additional training and education required to achieve competency against the module outcome or unit of competence following successful assessment for Recognition.
  • Establishing quality partnerships with industry which may result in a proportion of the program being workplace training and assessment, conducted by TAFE approved industry personnel in accordance with an agreed quality assurance process.
  • Utilising a variety of delivery modes that are appropriate to the particular learning situation, including the needs of students.
  • Core enrolment times will continue to occur at the start of each semester. These will be supplemented by continual or "topping up" of enrolments, as outlined above.
  • Extending enrolments and commencements beyond the core enrolment times at the start of each semester and staggering enrolments and commencement times across the full year.
  Teachers and head teachers will employ best practice in student administration by ensuring that all activities for which they are responsible are correctly recorded and credited including the completion of enrolment adjustment forms.

  Enrolling in the initial enrolment period up to an additional 3 students over and above the student teacher ratios in a subject/module, where the subject/module has a history of attrition, based on Institute data.

  
  

  For further information

  Contact	:	NSW Teachers Federation
  Phone	:	9217 2100
  Fax	:	9217 2470
  Email	:	info@nswtf.org.au
  WWW	:	http://www.nswtf.org.au/

  
  

  [ Media Centre Index | Schools Hotline Date Index | Schools Hotline Subject Index ]