AP806227 - Teachers’ (Victorian Government Schools) Conditions of Employment Award 2001

8. CLASSIFICATION, SALARIES AND ALLOWANCES

8.1 Classification

[8.1 substituted by PR966060 ppc 06Dec05]

8.1.1 This award provides for the following classification of teachers:

• Leading teacher (range 1 or range 2)
• Classroom teacher (expert, accomplished or graduate)

8.1.2 A teacher may be employed in a leading teacher position for a fixed period of time. A teacher employed as a leading teacher shall revert to classroom teacher at not less than subdivision E3 (as specified in the schedule) at the end of the fixed period unless his or her tenure as a leading teacher is renewed.

8.2 Remuneration

[8.2.1 substituted by PR966060 ppc 06Dec05]

8.2.1 Teachers classified as classroom teacher shall commence at not less than subdivision G-1 (specified in the schedule).

[8.2.2 substituted by PR966060 ppc 06Dec05]

8.2.2 Subject to 8.2.3, a teacher classified as classroom teacher shall proceed within the salary ranges stated in the schedule from the appropriate minimum through the subdivisional range to the maximum subdivision of that range - salary progression is not automatic and is subject to a satisfactory review of performance conducted annually.

[8.2.3 substituted by PR966060 ppc 06Dec05]

8.2.3 Where a classroom teacher's performance is assessed as unsatisfactory following a review under 8.2.2, the classroom teacher shall not be eligible for salary progression provided the employer has:

• informed the teacher in writing of

• the standards of performance that are expected;
• the areas of the teacher's performance that do not meet the required standards; and
• the consequences of continued or repeated failure to meet these standards; and

• provided sufficient notice to the teacher to enable improvement in performance to the required standard, being at least three months before a decision is taken.

[8.2.4 substituted by PR966060 ppc 06Dec05]

8.2.4 Teachers classified as leading teacher range 1 shall be paid not less than subdivision LT1-1 as specified in the schedule. Teachers classified as leading teacher range 2 shall be paid not less than sub-division LT2-1 as specified in the schedule.

8.2.5 Teachers may be paid on an hourly or sessional basis, as the case may be, when required to undertake teaching duties carried out as overtime.

[8.2.6 varied by PR966060 ppc 06Dec05]

8.2.6 Teachers may salary package employment benefits in lieu of salary.

8.2.7 A teacher’s attendance at a court as a Crown witness or under subpoena or summons in his or her official capacity shall be treated as duty for salary purposes subject to presentation of evidence that the teacher attended the court.

8.2.8 A teacher who is redeployed to a lower paid position shall continue to receive his or her salary, immediately prior to redeployment, until twelve months following the teacher being identified as excess to workplace requirements has elapsed. A teacher shall not be eligible to receive salary maintenance payments if he or she refuses offers of suitable redeployment or suitable retraining.

8.3 Salary loading allowance

[8.3.1 varied by PR966060 ppc 06Dec05]

8.3.1 Subject to 8.3.3, a teacher employed on 30 June of any year who has at that date completed one year of paid service commencing on 1 July of the preceding year, shall be entitled to receive an annual salary loading allowance equivalent to 17.5% of four weeks of the total salary to which he or she is normally entitled at that date, or a maximum amount of $722.15, whichever is the lesser.

8.3.2 No payment shall be made in respect of service prior to resignation except in the case where a teacher resigns only for the purpose of changing his/her conditions of employment without a break in the continuity of service.

[8.3.3 varied by PR966060 ppc 06Dec05]

8.3.3 The allowance specified in 8.3.1 shall be made on a pro rata basis to a teacher:

• who dies or retires on account of age or ill-health; or
• who has completed a minimum of 90 days’ paid service but less than a completed year of paid service within the twelve months preceding 30 June.

8.3.3(a) Pro rata payment under 8.3.3 shall be calculated on the following basis:

• the allowance shall accrue at the rate of one quarter of the entitlement for each completed 90 days of paid service; and
• in the case of part-time service, the rate of payment shall be determined by the time fraction for which paid service within the preceding twelve months was the longest in the aggregate.

8.3.4 For the purposes of 8.3.3 a teacher shall be deemed to retire:

8.3.4(a) on account of age - if on or after attaining the age of 55 years he/she ceases to be employed;

[8.3.4(b) varied by PR966060 ppc 06Dec05]

8.3.4(b) on account of ill health - if he/she produces to the employer satisfactory evidence that his/her ceasing to be employed is due to ill health which is likely to be permanent.

8.3.5 For the purposes of this clause, leave without pay for religious observance, and vacation periods which do not attract pay but are otherwise counted as service, shall be regarded as paid service.

8.4 Arbitrated safety net adjustments

[8.4 substituted by PR908352 ppc 23Aug01; corrected by PR914731; varied by PR966060 ppc 06Dec05]

8.4.1 The rates of pay in this award include the arbitrated safety net adjustments payable under the Safety Net Review - Wages May 2001, May 2002, May 2003, May 2004 and June 2005 decisions [Prints PR002001, PR002002, PR002003, PR002004 and PR002005]. These arbitrated safety net adjustments 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 overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

8.4.2 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 arbitrated safety net adjustments.