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

7. ANNUAL ADJUSTMENT OF SALARY

7.1 This clause will apply:

(a) in lieu of the corresponding provisions of the Annual Holidays Act 1944; and

(b) notwithstanding any other provisions in this award.

7.2 The provisions of this clause shall apply as set out in the relevant sub-clauses where:

(a) a teacher (other than a casual teacher) commences employment after the school service date;

(b) a teacher (other than a casual teacher) takes approved leave without pay or unpaid parental leave for a period which (in total) exceeds 20 pupil days in any year; or

(c) the normal teaching hours of the teacher have varied since the school service date.

7.3 Calculation of Payments

(a) A payment made pursuant to paragraph (a) or (b) of sub-clause 7.2 shall be calculated in accordance with the following formula:

Step 1	A x B	=	D
	C
Step 2	D - E	=	F
Step 3	F x G	=	H
	2

where:

A = The number of term weeks worked by the teacher since the school service date
B = The number of non-term weeks in the school year
C = The number of term weeks in the school year
D = Result in weeks
E = The number of non-term weeks worked by the teacher since the school service date
F = Result in weeks
G = The teacher’s current fortnightly salary
H = Amount Due

(b) A payment made pursuant to paragraph (c) of sub-clause 7.2 to a teacher whose normal teaching hours have varied shall be calculated in accordance with the following formula:

Step 1	A - B	=	C
Step 2	C x D	=	F
	E
Step 3	F - B	=	G

where:

A = Total salary paid to the teacher since the school service date
B = Salary paid to the teacher in respect of non-term weeks since the school service date
C = Salary paid to the teacher in respect of term weeks since the school service date
D = The total number of non-term weeks in the school year
E = The total number of term weeks in the school year
F = Result in dollars
G = Amount Due

7.4 Teachers who commence Employment after the School Service Date

(a) A teacher who commences employment after the school service date shall be paid from the date the teacher commences provided that, at the end of Term IV, the teacher shall be paid an amount calculated pursuant to sub-clause 7.3 of this clause and shall receive no other salary until his or her return to work in the following school year.

(b) In each succeeding year of employment, the anniversary of appointment of the teacher for the purposes of this clause shall be deemed to be the school service date.

7.5 Teachers who take Approved Leave Without Pay or Unpaid Parental Leave

Where a teacher takes leave without pay or unpaid parental leave with the approval of the employer for a period which (in total) exceeds 20 pupil days in any year, the teacher shall be paid salary calculated in accordance with this clause as follows:

(a) If the leave commences and concludes in the same school year payment shall be calculated and made at the conclusion of Term IV of that school year.

(b) If the leave is to conclude in a school year following the school year in which the leave commenced:

(i) at the commencement of the leave a payment shall be calculated and made in respect of the school year in which the leave commences; and

(ii) at the end of Term IV in the school year in which the leave concludes a payment shall be calculated and made in respect of that school year.

(c) Where a teacher who has received a payment pursuant to paragraph (b) of this sub-clause returns from leave in the same year rather than the next school year as anticipated, then the teacher shall be paid at the conclusion of Term IV as follows:

(i) by applying the formula in sub-clause 7.3 as if no payment had been made to the teacher at the commencement of leave;

(ii) by deducting from that amount the amount earlier paid to the teacher.

7.6 Teachers Whose Hours Have Varied

Where the hours which a teacher normally teaches at a school have varied since the school service date in any school year and the teacher’s employment is to continue into the next school year, the teacher shall be paid throughout the summer pupil vacation as follows:

(a) the amount due pursuant to the formula in paragraph (b) of sub-clause 7.3 shall be calculated; and

(b) the teacher shall continue to receive in each fortnight of the pupil vacation period the same amount as his or her ordinary pay in the last fortnight of the school term until the total amount received by the teacher during the pupil vacation period is the same as the amount calculated above. (Note - this will have the consequence that the last fortnight of the pupil vacation period in which the teacher is paid the amount received will differ from the pay in the preceding fortnights).

7.7 Notwithstanding the provisions of paragraph (a) of subclause 7.1 a teacher shall not pursuant to this clause, be paid an amount in respect of a year of employment which is less than the amount to which the teacher would otherwise be entitled under the provisions of the Annual Holidays Act 1944, in respect of a year of employment.