AP806227 - Teachers’ (Victorian Government Schools) Conditions of Employment Award 2001
15.1 A grievance exists where a teacher or the union on the one hand or the employer on the other is aggrieved about matters arising out of this award.
15.2 The parties to the grievance shall attempt to resolve the grievance at the workplace in the first instance. Where the grievance is not resolved within two working days, the aggrieved party shall, if intending to proceed further, lodge a statement including details of the grievance, with:
15.3 The employer and the union shall form a conciliation committee comprising one person nominated by the employer and one person nominated by the union within two working days of the statement in 15.2 being lodged.
15.3.1 The role of the conciliation committee is to establish the nature and extent of the disputation and to attempt to resolve the grievance.
15.3.2 The nominees may seek assistance from the employer or the union during the conciliation process, but it is the duty of each nominee to act, as far as practicable, not as representatives of the union or the employer but as individuals exercising in an independent and objective manner the functions of attempting to achieve a fair resolution to the grievance having regard to all relevant factors including the need for reasonable exigencies of the Teaching Service to be met.
15.4 The implementation of these procedures shall take place without delay and be completed as soon as practicable. The employer and the union shall each, as far as practicable, avoid action which may exacerbate the grievance or predetermine the outcome of an attempt to resolve the grievance.
15.5 A grievance shall be resolved where the parties to the grievance reach agreement. When a grievance is resolved the parties at the work location shall be informed in writing of the grievance agreement including, where relevant, an implementation timetable and method of implementation.
15.6 A grievance which remains unresolved after five days from the lodging of the statement in accordance with 15.2 may be referred to the Board of Reference for resolution by either the employer or the union, being the parties to the industrial dispute in matter C No. 31325 of 1993, in relation to the following matters:
15.6.1 the number of hours per week of face to face teaching that the teacher is required by the employer to undertake relative to other duties and attendances within the ordinary hours of work applicable to and required of the teacher.
15.6.2 The declaration of, or failure to declare, a procedure in respect of:
[15.6.2(a) varied by PR966060 ppc 06Dec05]
15.6.2(a) the grant to a teacher of a salary progression as provided for under 8.2.2;
[15.6.2(b) varied by PR966060 ppc 06Dec05]
15.6.2(b) the promotion or transfer of a teacher to a position within the leading teacher and classroom teacher classifications;
[15.6.2(c) varied by PR966060 ppc 06Dec05]
15.6.2(c) the allocation of special payments,
which is either inconsistent with the principles of merit and equity, or inadequate with respect to the principles of merit and equity.
Provided that this subclause does not include a grievance about a failure to apply a declared procedure through an act or omission related to the circumstances of a particular selection or decision to which the procedure applies.
15.7.1 In relation to a grievance under 15.6.2, an aggrieved teacher who is a party to the grievance may, at any time after the grievance is lodged under 15.2, elect to make application to the Merit Protection Board (MPB) for determination in accordance with the requirements from time to time of that body. A notice in writing of that election shall be a sufficient discharge of any further duty or responsibility to process the grievance in accordance with this clause.
[15.7.2 varied by PR966060 ppc 06Dec05]
15.7.2 Clauses 14 - Duty to apply principles of merit and equity to payments and movements within and between teacher classifications, 15 - Grievance procedure and 16 - Board of Reference, shall not operate to prevent or preclude the operation of any jurisdiction exercised by the MPB established under the Teaching Service Act 1981 (Vic).
15.7.3 Where the MPB has jurisdiction to review a decision that is the subject of a grievance instituted by a teacher, this clause shall not be construed to require any action to be taken on the grievance other than that which may be determined by the MPB.
[15.8 varied by PR966060 ppc 06Dec05]
15.8 A determination by a Board of Reference under 16.6 or by the Commission under 16.7 shall be given effect in accordance with this award, but clauses 14 - Duty to apply principles of merit and equity to payments and movements within and between teacher classifications, 15 - Grievance procedure and 16 - Board of Reference, shall not otherwise be taken to prevail over or to be intended to be inconsistent with the operation of Part IV, Division 3 of the Teaching Service Act 1981 (Vic).
