AN120058 – Boarding House Staff (Independent Schools) (State) Award 2004
ATTACHMENT A - SETTLEMENT PROCEDURE: AGREEMENT BETWEEN THE AIS AND THE IEU
1 Underlying Principles
The Association of Independent Schools and the New South Wales Independent Education Union each has responsibilities toward their respective members which are recognised and respected. The two organisations also have a number of interests in common. These include the recognition and acceptance of the following:
A. The quality and public perception of independent schooling is of significance and both recognise that there is mutual responsibility to protect, promote, develop and enhance this sector of schooling in New South Wales.
B. There is mutual benefit to their memberships in there being a working relationship between the two organisations which is built on professional attitudes and clearly established and recognised procedures.
C. The individuality and authority of each independent school, as well as the individuality and rights of each staff member.
D. The attitudes and interests in common include:
(i) An interest in helping to maintain a working environment in which quality education can be provided in a manner consistent with the school's aims and objectives and its philosophy.
(ii) A common view that quality education is most likely to be provided where there is recognition, encouragement and support for the professional attitudes, rights and growth of staff members as well as for their personal needs and developments and the industrial rights of all parties.
E. The right of employee(s) and the employer(s) to seek assistance and advice from their respective associations.
2 Operational Procedures Between the Ais and the Ieu
The right of each organisation to deal with its members as it sees fit notwithstanding, it is agreed that the following will be the general principles upon which each organisation will approach the attempts to resolve difficulties that have not been resolved by direct discussion between the employer and employee concerned.
A. Both organisations recognise that it is generally preferable for perceived problems to be discussed between the staff member and the Principal of the school concerned with a view to resolving the matter and that it is only when the normal employer/employee process does not achieve a mutually satisfactory result that it is appropriate for the matter to be discussed formally between the AIS and the IEU. This does not preclude earlier informal discussions where appropriate nor does it preclude discussion between the IEU and its members in a school as to the most appropriate method of resolving a problem.
B. The IEU undertakes to refer to the AIS matters in which it seeks information from an independent school or to discuss the matters that are of concern to its members and to do this wherever possible before encouraging school staff and IEU chapters to pass resolutions about the matter.
C. The AIS undertakes to respond by seeking discussions with the school to ascertain its wishes as to how (and where necessary, through whom) it wishes to proceed in dealing with the matter and to advise the IEU of the school's decision.
D. The steps that will then follow will be determined to suit the particular matter but in general can be expected to be as follows:
(i) The AIS and IEU will discuss the matter with a view to:
(a) identifying the facts of the matter to ensure that it is not misunderstandings that have created the problem;
(b) clarifying the issues and wishes of each of those involved;
(c) exploring the options that appear to be available;
(d) where possible, assisting the parties to arrive at a mutually satisfactory solution;
(e) nothing in the above diminishes the right of either party to refer any matter to the Industrial Relations Commission of New South Wales.
E. As a general rule the school, the employee, the AIS and the IEU will maintain confidentiality to ensure that the dignity of the employee, the school and its personnel are maintained wherever possible.
The AIS and IEU will, where deemed advisable, prepare sufficient documents to confirm the agreement and assist in its implementation.
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