AP799643 - Teachers (English Colleges) Award 1999
7.1 Salary levels
[7.1.1 substituted by S7047 PR905625 PR919778 PR934451 PR947779; PR960588 ppc 09Jul05]
7.1.1 On appointment, a teacher shall be placed on a salary level commensurate with the minimum salary for his/her qualifications and experience by reference to 7.2 and 7.3.
Level |
Total minimum salary per annum |
$ | |
1 |
34471 |
2 |
34991 |
3 |
36034 |
4 |
37102 |
5 |
38762 |
6 |
39868 |
7 |
40871 |
8 |
41978 |
9 |
43092 |
10 |
44525 |
11 |
45859 |
12 |
47037 |
(i) Category A – commences Level 4, maximum Level 12
Category B – commences Level 3, maximum Level 12
Category C – commences Level 2, maximum Level 10
Category D – commences Level 1, maximum Level 9
(ii) The rates of pay in this award include the federal minimum wage payable under the Safety Net Review-Wages June 2005 decision [PR002005]. Any increase arising from the insertion of the federal minimum wage clause may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the federal minimum wage.
7.1.2 Dealing with progression
[7.1.2 substituted by PR902298 from 15Mar01]
Progression from one salary level to the next salary level shall be by annual increment (subject to clause 7.3 for part time and casual teachers) to the maximum level provided for a teacher with their qualifications by reference to clause 7.2.subject to:
(a) the acquisition, and
(b) the utilisation
of skills and knowledge through experience in a relevant educational setting which should constitute a significant net increase to the employee's level of skill and knowledge.
7.1.3 Dealing with Refusal for Progression
[7.1.3 substituted by PR902298 from 15Mar01]
Where an employer considers that a teacher has not increased their level of skill and knowledge (as provided in 7.1.2) and considers that progression to the next salary level is not warranted, the employee shall be advised in writing of this decision and a formal review of the matter shall be undertaken by the employer pursuant to Clause 5, Grievance Procedures.
7.1.4 Additional Qualifications
Teachers who gain additional qualifications that would entitle them to be classified in a higher Category shall upon the production of satisfactory evidence thereof advance one level in the salary scale.
[7.1.5 inserted by PR956487 ppc 21Dec04]
7.1.5 An employer shall not cease to engage a casual teacher or temporary teacher for reason only of the employee progressing to a higher classification in this Award.
7.2 Teacher categories
Based on an assessment of his/her qualifications a teacher shall be assigned to one of the following categories:
7.2.1 Category A
Degree and Diploma of Education or equivalent: and either
7.2.2 Category B
Degree and Diploma of Education or equivalent plus recognised TESOL certificate: or
Degree and Diploma including LOTE/TESOL method.
7.2.3 Category C
Any Degree/Diploma (three year minimum) plus recognised TESOL certificate or including LOTE/TESOL method.
7.2.4 Category D
Other qualifications not provided for above and/or expected to acquire minimum TESOL qualifications.
7.3 Experience
Teachers shall be credited with teaching experience and be allocated a higher salary level in accordance with the following:
7.3.1 One increment for each year of full time adult TESOL teaching (or equivalent) or full-time teaching of TESOL (or equivalent) to secondary school students if relevant to the College (otherwise the latter shall be dealt with under 7.3.2).
7.3.2 One increment for each two years additional full-time teaching in other subjects including other languages to a maximum of three increments.
7.3.3 The experience referred to in 7.3.1 and 7.3.2 will need to be properly documented to be considered by the College.
7.3.4 A teacher shall accrue equivalent full-time experience for a period of part-time service in accordance with the Proportional Calculation.
7.3.5 For casual teachers, 1125 contact hours shall be equated as a year of full-time equivalent experience, for the purposes of this clause only.
7.4 Part-time teacher
A part-time teacher shall be paid at the same rate as a full-time teacher with the corresponding classification and shall receive the proportion of salary of a full-time teacher calculated in accordance with the proportional calculation. A part-time teacher shall be entitled to all conditions on a pro rata basis.
7.5 Casual teachers
[7.5.1 substituted by S7047 PR905625 PR919778 PR934451 PR947779 PR960588; PR961531 ppc 03Aug05]
7.5.1 A casual teacher’s rate of pay shall be calculated by reference to the daily rate or hourly rate for the appropriate salary level of the teacher calculated in accordance with 7.1, 7.2 and 7.3:
Level |
Daily Rate |
Hourly Rate |
$ |
$ | |
1 |
165.09 |
30.15 |
2 |
167.58 |
31.30 |
3 |
172.58 |
32.45 |
4 |
177.69 |
33.60 |
5 |
185.64 |
34.76 |
6 |
190.94 |
35.92 |
7 |
195.74 |
36.99 |
8 |
201.05 |
38.15 |
9 |
206.38 |
39.21 |
10 |
213.24 |
40.36 |
11 |
219.63 |
41.52 |
12 |
225.28 |
42.73 |
[7.5.2 substituted by PR961531 ppc 03Aug05]
7.5.2 The above rates include a loading of 25% to account for the pro rata payment in respect of annual holidays and sick leave.
7.5.3 A casual teacher, shall be paid in respect of each hour of teaching load at the College and shall be paid for a minimum of two hours for each engagement, provided that where a casual teacher teaches the same number of face to face hours as a full-time teacher in one day, then that teacher shall be paid not less than the daily rate.
7.6 Temporary teachers
[7.6 substituted by PR956487 ppc 21Dec04]
7.6.1 A temporary teacher shall be paid at the same rate and receive the same conditions as that prescribed for a full-time teacher or part-time teacher, as the case may be, with corresponding qualifications, experience and teaching load.
7.6.2 Employment of a temporary teacher will only occur in the following circumstances:
7.6.2(a) Where the position to which a teacher is appointed is to undertake a specific project which is for a specified period or periods of time, and it is not an on going project or course of instruction offered by the college. Provided that each such engagement is for a minimum period of 4 weeks; or
7.6.2(b) Where a teacher is employed for not less than 8 weeks and not more than 52 weeks; or
7.6.2(c) Where a teacher is employed for a specified period or periods of time to replace an employee who is absent on approved leave. Provided that each such engagement is for a minimum period of 4 weeks.
7.6.3 The employer shall provide in the letter of appointment for a temporary teacher the reason for the employment being of fixed term duration and the date of commencement and the date of cessation of employment.
7.6.4 On termination of a temporary engagement, a temporary teacher may elect to:
7.6.4(a) be paid out accrued annual leave entitlements; or
7.6.4(b) have the employer preserve the accrued annual leave entitlements for use during a subsequent temporary engagement provided that such leave is taken within 12 months of it accruing, otherwise the entitlement shall be paid out.
7.6.5 Where the same or a commensurate position will exist at the expiry of a temporary teacher’s period of engagement, the employer shall offer a further engagement to a temporary teacher. Wherever practicable, notice of re-engagement shall be at least two weeks prior to the expiry of the current engagement.
7.6.6 The requirement of an employer to offer a further position to a teacher in accordance with 7.6.5 is subject to the teacher’s ongoing satisfactory conduct and performance.
7.6.7 Where an employer offers a further position to a teacher in accordance with 7.6.5 above, and the teacher accepts that offer, the teacher shall, wherever practicable, give one week’s notice of the teacher’s acceptance to the employer.
7.7 Continuous service
[7.7 substituted by PR956487 ppc 21Dec04]
7.7.1 One or more engagements of a casual or temporary teacher with a college shall be deemed to be continuous unless more than eight weeks elapse between those engagements.
7.7.2 Service shall be deemed to be continuous notwithstanding that the service has been broken by an interruption or determination made by the employer with the intention of avoiding an obligation under this award, other industrial instrument or legislation.
7.7.3 The period between engagements will not count towards calculating continuous service under this Award.
7.8 Payment of salary
[7.8 inserted by PR956487 ppc 21Dec04]
The salary payable to any teacher shall be paid weekly or fortnightly. Salary may be paid by Electronic Funds Transfer into an account nominated by the employee.
7.9 Casual teachers – conversion to ongoing employment
[7.9 inserted by PR956487 ppc 21Dec04]
7.9.1 Where a casual employee has been employed on a regular and systematic basis for a period in excess of twelve months following 21 December, 2004, that employee will have the right to elect to have their contract of employment converted to a continuing contract which is either full time or part time.
7.9.2 The employer will give such an employee notice in writing of the employee’s right to elect to convert their contract of employment within four weeks of the attainment of the twelve month period.
7.9.3 The employee will respond, in writing, to the employer’s notice within four weeks of receipt of that notice. Where an employee does not respond in that time frame, the employee will be deemed to have elected to remain a casual employee.
7.9.4 At any time after the twelve month period identified in 7.9.1 an employee may, provided they have remained employed by the employer on a regular and systematic basis, give the employer six weeks notice that the employee wishes to convert to a continuing contract of employment.
7.9.5 An employer will, within four weeks of receipt of notice provided in 7.9.3 or 7.9.4, agree to or refuse the conversion. The employer will not unreasonably refuse the conversion. For the purpose of this clause, reasonable refusal shall be defined to include:
7.9.5(i) a demonstrable decline in student enrolments
7.9.5(ii) demonstrated unsatisfactory work performance
7.9.6 Where an employee has converted to ongoing employment in accordance with this clause, the employee can only revert to casual employment with the agreement of the employer.
7.9.7 Any dispute in relation to this provision will be dealt with in accordance with clause 5 - Grievance Procedure.
7.9.8 An employee must not be engaged and/or re-engaged to avoid any obligation under this Award.
7.9.9 Should there be substantive change to external regulation, the IEU and the employer agree that they shall hold discussions regarding the effect such change may have on the operation of this clause. If no agreement is reached between the IEU and the employer then the provisions of this clause will continue to operate.
