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AN120537 – Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006

2. DEFINITIONS

For the purpose of this award:

(a) "Teacher" means a person employed as such to assist the Principal in the work of the school.

(b) "Full-Time Teacher" means any teacher other than a casual or part-time teacher.

(c) "Part-Time Teacher" means a teacher who is engaged to work regularly, but for less than a full school week and not more than 0.8 of the normal hours which a full-time teacher at the school is required to teach. A part-time teacher may work more than 0.8 of the normal full-time load where an agreement has been reached by the parties. Such agreement shall be recorded in writing and signed by the teacher and representative of the employer. Any additional terms of the agreement (such as the length of the term of the agreement and the scheduling of the time that the teacher is not required to teach) shall be included.

(d) "Casual Teacher" means a teacher engaged as such by an employer. A casual teacher will not normally be employed for a period greater than four school weeks for each engagement.

(e) "Temporary Teacher" means a teacher employed to work full-time or part-time for a specified period, which is greater than four school weeks. A teacher may be employed as a Temporary Teacher in the following circumstances:

(i) where a teacher is employed to replace a teacher on leave or secondment.

(ii) where a school’s staffing is to be reduced in the following year overall or in a department (in a secondary school). This may include but is not limited to circumstances such as declining enrolments or school amalgamations.

(iii) where a teacher is employed on a specific programme not funded by the diocese, or a new programme or initiative funded by the diocese which is not of an on-going nature.

(iv) where a teacher resigns during a school year and the usual diocesan practice is that such positions are filled on a temporary basis.

(v) where an ongoing position has not been able to be filled using normal selection criteria and the teacher has been informed of this in writing prior to the appointment.

Applicants must be advised in writing prior to accepting a position that it is temporary, the expected length of the appointment and the reason why it is temporary, such reason being one of the reasons specified above.

In the case of paragraph (i), the appointment may be for the whole of the period of leave or secondment of the teacher. In the case of paragraphs (ii) and (iii), the appointment may be for a period of up to two full school years. The employer, the union and the teacher may agree to extend the temporary period of appointment beyond two years. The union shall not withhold its consent unreasonably.

In the case of paragraph (iv) the appointment may be for not longer than the end of the school year in which the appointment occurs.

In the case of paragraph (v) the appointment may be for a period of up to one full school year.

The parties recognise that a temporary teacher may be appointed to a series of different temporary positions either within the school or at another school of the employer immediately following the cessation of a prior temporary appointment.

(f) "Graduate" means a teacher who holds a degree from a recognised higher education institution.

(g) "Equivalent Qualifications or Equivalent Course" means qualifications or a course, as the case may be, which is specified by Annexure A of this award as being equivalent to a particular qualification or course prescribed by this award, which the employer and teacher agree as being equivalent to the qualification or course prescribed by the clause in question in this award or which the Industrial Relations Commission determines as being so equivalent.

(h) "Recognised School" means a school registered under the provisions of the Education Act 1990 or any registered special school within the meaning of that Act or school for the disabled.

(i) "Recognised Higher Education Institution" means an Australian university recognised by the relevant Australian tertiary education authority from time to time or a former College of Advanced Education recognised by the Tertiary Education Commission.

(j) "Degree" means a course of study at a recognised higher education institution of at least three years full-time duration or its part-time equivalent.

(k) "Graduate Diploma" means a course of study at a recognised higher education institution of at least one year’s full-time duration or its part-time equivalent.

(l) "Teacher Not Otherwise Classified" means a teacher who is not Two, Three, Four or Five Years Trained nor Conditionally Classified Two, Three or Four Years Trained.

(m) "Two Years Trained Teacher" means:

(i) A teacher who has satisfactorily completed a two years full-time course in teacher education at a recognised higher education institution; or

(ii) A teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

(n) "Three Years Trained Teacher" means:

(i) A teacher who has satisfactorily completed a three years full-time course in teacher education at a recognised higher education institution; or

(ii) A teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

(o) "Four Years Trained Teacher" means:

(i) A teacher who is a graduate in Education (four years full-time course); or

(ii) A teacher who is a graduate who in addition has satisfactorily completed at least a one year’s full-time course in teacher education which contains units relating to teaching theory and practice at a recognised higher education institution; or

(iii) A teacher who in addition to satisfying the requirements for classification as a Three Years Trained Teacher, has been awarded a Graduate Diploma at a recognised higher education institution; or

(iv) A teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

(p) "Five Years Trained Teacher" means:

(i) A teacher who has satisfactorily completed a degree requiring a minimum of four years’ full-time study from a recognised higher education institution and who, in addition, has satisfactorily completed a one year’s full-time course in teacher education which contains units relating to teaching theory and practice; or

(ii) A Four Years Trained Teacher who, in addition, has satisfactorily completed either a Masters or Doctorate degree from a recognised higher education institution; or

(iii) A teacher who has obtained other equivalent qualifications.

(q) "Conditionally Classified Two Years/Three Years Trained Teacher" means; a teacher who has attempted all of the requirements for the course of teacher education but has not yet satisfied the requirements to be granted the qualification. The classification "Conditionally Classified Two Years Trained Teacher" shall only apply to persons classified as such and who were employed on or before 29 January 2006.

(r) "Conditionally Classified Four Years Trained Teacher means a teacher who is a graduate other than a graduate to whom subclause (o) of this clause applies.

(s) "Teacher-Librarian" means a teacher appointed as such.

(t) "Assistant Principal" means a teacher appointed as such, who assists the Principal in his/her responsibility for the conduct and organisation of the school.

(u) Positions of Special Responsibility:

(i) "Co-ordinator 1" means a teacher appointed as such with duties as set out in the relevant Diocesan agreement.

(ii) "Co-ordinator 2" means a teacher appointed as such with duties as set out in the relevant Diocesan agreement.

(iii) "Co-ordinator 3" means a teacher appointed as such with duties as set out in the relevant Diocesan agreement.

(v) "Senior Teacher 2" means a teacher who is a Senior Teacher 1 and is appointed as a Senior Teacher 2 in the Archdiocese of Sydney with duties as set out in the relevant Diocesan agreement. (Senior Teacher - 1"means a teacher who was classified as such prior to the introduction of this award).

(w) "Union" means the New South Wales Independent Education Union.

(x) "Service Date" means the usual commencement date of employment at a school for teachers who are to commence teaching on the first day of the first term.

(y) "Statement of Service" means a statement from an employer on official letterhead that contains a start date, termination date, whether service was full-time, part-time or casual, whether any paid promotions positions were held and whether any leave without pay was taken.

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