1 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD This is a consolidated award of the Industrial Relations Commission of South Australia published pursuant to the provisions of the FAIR WORK ACT MEMBER: Deputy President Judge Parsons Matter No. 143 of 1975 (S.99 Review 6179/2002) Award Information PART 1 - APPLICATION AND OPERATION OF THE AWARD Clause 1.1 Title This award will be known as the Pre-School (Kindergarten) Teaching Staff Award. OPDATE 22:12:2009 on and from This award is arranged as follows: Clause 1.2 Arrangement By Part SUBJECT MATTER CLAUSE NUMBER PART 1 - APPLICATION AND OPERATION OF AWARD Title 1.1 Arrangement 1.2 Scope, Persons Bound and Locality 1.3 Duration 1.4 Definitions 1.5 PART 2 - AWARD FLEXIBILITY Enterprise Flexibility Provision 2.1 PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Grievance and Dispute Settling Procedures 3.1 PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Anti-Discrimination 4.1 Contract of Service 4.2 Transfer Provisions 4.3
2 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 1 2 PART 5 - SALARIES AND RELATED MATTERS Incremental Progression 5.1 Transitional Provisions 5.2 Salaries of Officers Re-Engaged After Resignation 5.3 Salaries 5.4 Temporary and Casual Staff 5.5 Higher Duties Allowance 5.6 Term Leave Loading 5.7 Travelling Expenses 5.8 Advanced Skills Teacher 5.9 PART 6 - HOURS OF WORK BREAKS AND OVERTIME Ordinary Hours of Work 6.1 Meal Break 6.2 PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Public Holidays 7.1 Term Leave 7.2 Personal Leave Injury and Sickness 7.3 Parental Leave 7.4 Examination Leave 7.5 Bereavement Leave 7.6 Special Leave Without Pay 7.7 Special Leave With Pay 7.8 Leave and Continuity of Service 7.9 Personal Leave to Care for a Family Member 7.10 SCHEDULES Schedule 1 Schedule 2 Teachers Directors Standard Kindergarten/Directors Extended Services Kindergarten In Alphabetical Order Advanced Skills Teacher 5.9 Anti-Discrimination 4.1 Arrangement 1.2 Bereavement Leave 7.6 Contract of Service 4.2 Definitions 1.5 Duration 1.4 Enterprise Flexibility Provision 2.1 Examination Leave 7.5 Grievance and Dispute Settling Procedures 3.1 Higher Duties Allowance 5.6 Incremental Progression 5.1 Leave and Continuity of Service 7.9 Meal Break 6.2 Ordinary Hours of Work 6.1 Parental Leave 7.4 Personal Leave Injury and Sickness 7.3 Personal Leave to Care for a Family Member 7.10 Public Holidays 7.1 Salaries 5.4 Salaries, Teachers Schedule 1
3 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 1 3 Salaries, Directors Standard Kindergarten Schedule 2 Salaries, Directors Extended Services Kindergarten Schedule 2 Salaries of Officers Re-Engaged After Resignation 5.3 Scope, Persons Bound and Locality 1.3 Special Leave Without Pay 7.7 Special Leave With Pay 7.8 Temporary and Casual Staff 5.5 Term Leave 7.2 Term Leave Loading 5.7 Title 1.1 Transfer Provisions 4.3 Transitional Provisions 5.2 Travelling Expenses 5.8 Clause 1.3 Scope, Persons Bound and Locality This award will apply to the industry of the occupations of pre-school teachers and Directors employed by the Minister pursuant to Section 12 of the Children's Services Act, This award is binding upon all persons engaged in the industry of the occupations of teachers and Directors employed by the Minister pursuant to the provisions of Section 12 of the Children's Services Act, 1985, whether as employers or employees and whether members of an association or not This Award does not apply to those persons who are for the time being subject to an Enterprise Agreement under the Act, but only to the extent of any inconsistency This Award applies throughout the State of South Australia. Clause 1.4 Duration 1.4 This Award came into force on 1 June 1990 and will continue in force subject to amendment or until rescinded or replaced. OPDATE 22:12:2009 on and from Clause 1.5 Definitions AEU means the Australian Education Union SA Branch Chief Executive means the Chief Executive of the Department of Education and Children s Services and shall have the same meaning as Director General in the Education Act Degree means- (1) a degree conferred by the University of Adelaide, the Flinders University of South Australia, or any other University recognised by either of those Universities as granting degrees of equal standard to those granted by the first-mentioned Universities; (2) an Advanced Diploma in Teaching awarded by any South Australian College of Advanced Education; (3) a Diploma in Technology of the South Australian Institute of Technology which is recognised by the employer as being of at least equal standard to the degree of Bachelor of Technology. Department means the Department of Education and Children s Services, and where relevant its predecessors or successors in the State of South Australia. Director means the teacher in charge of a kindergarten. Duty days means:
4 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 1 4 (1) the days on which government primary schools are open or closed pursuant to Regulation 173 under the Education Act 1972, as amended, or by other formal direction; (2) the Thursday and Friday immediately before the commencement of each school year; (3) public holidays occurring other than in school vacation periods; (4) days on which an officer or a relieving teacher is granted leave with pay including long service leave, sick leave or other special leave, but excluding week end days or vacation periods. Employee means a pre-school teacher or a Director Kindergarten Services employed by the employer as a full-time or parttime employee. Employer means the Commissioner for Public Employment. Extended services means: (1) a kindergarten which provides one or more significant and specialised services in addition to the service provided by a Pre-school teacher. These specialised services are: full day care; a mobile or "satellite" kindergarten; a mobile resource unit. or (2) a kindergarten which has a pre-school attendance in excess of 86 eligible children. full-time employee means an employee whose hours of work are 36 hours and 15 minutes per week to be worked on Monday to Friday inclusive. Minister will have the same meaning as is given to the word in the Children's Services Act Part-time employee means an employee who works less than 36 hours and 15 minutes per week to be worked on Monday to Friday inclusive. Pre-school teacher means a person engaged as a teacher in a kindergarten. Pre-school kindergarten means a kindergarten which provides a sessional pre-school program for four to five year olds and any number of the following services: (1) emergency or occasional care for children aged from several months to five years; (2) after-school care; (3) school vacation programs; (4) playgroup leadership for children under five years of age and their parents; (5) child development seminars for parents; (6) teaching practice supervision for student teachers and other practice facility for student nurses, trainee psychologists, speech pathologists and the like, (provided that nothing contained in this clause is to be construed as to prohibit the AEU from pursuing an award entitlement for practical teaching supervision of student teachers); (7) supervision of a parent-child resource centre; (8) Liaison with migrant, Aboriginal and other minority groups etc.;
5 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 1 5 provided that the above services listed in points (1) to (8) are intended as a description of what may be offered by such a kindergarten rather than a prescription of what must be offered by a kindergarten. Special Authority means a person employed for teaching who has not gained registration as a teacher in accordance with the Teachers Registration and Standards Act Spouse includes a de facto spouse but, except in relation to parental leave does not include a spouse from whom the employee is legally separated. Teaching experience means where an employee is appointed under the Children's Services Act 1985, experience gained teaching in a kindergarten, preschool or in a school from years Reception to Year 7 in South Australia as a fully or provisionally registered teacher or as holding an authority to teach in a kindergarten, preschool or in a school in years Reception to Year 7. It is also to include teaching in a kindergarten, preschool or in a school from years Reception to Year 7 outside of South Australia or work performed in other capacities which may fairly be equated with teaching as above described and which require an educational qualification. Such experience will include relevant experience gained as:- (1) a Director (2) a teacher who is seconded to an administrative position within Children's Services (3) a temporary relieving teacher and a temporary teacher (contract) (4) Any other experience which, at the discretion of the Director, Children's Services, is considered as teaching experience. Working day means a day between Monday to Friday inclusive but exclusive of term leave.
6 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 2 1 PART 2 - AWARD FLEXIBILITY Clause 2.1 Enterprise Flexibility Provision In this clause a "relevant Association" means an organisation of employees that: has an interest in this Award; and has one or more members employed by the employer to perform work in the relevant workplace [Note: The failure by an employer to give each relevant association an opportunity to be involved in the consultative process leading to the making of an agreement may result in the Commission adjourning or refusing the application to vary the Award.] At each workplace, consultative mechanisms and procedures will be established comprising representatives of the employer and employees. Each relevant association will be entitled to be represented The particular consultative mechanisms and procedures will be appropriate to the size, structure and needs of the workplace The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the workplace according to its particular needs Where an agreement is reached at a workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this award, as it applies at the workplace, to be varied, an application to vary will be made to the Commission. The agreement will be made available in writing, to all employees at the workplace and to the associations having an interest in the Award When this Award is varied to give effect to an agreement made pursuant to this clause the variation will become a schedule to this Award and the variation will take precedence over any provision of this Award to the extent of any expressly identified inconsistency The agreement must meet the following requirements: that the purpose of the agreement is to make the workplace operate more efficiently according to its particular needs; that the majority of employees covered by the agreement genuinely agree to it; that the award variation necessitated by the agreement is consistent with the requirements of Section 79 of the Industrial and Employee Relations Act 1994 (the Act).
7 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 3 1 PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Clause 3.1 Grievance and Dispute Settling Procedures Any grievance, industrial dispute or matter likely to create a dispute should be dealt with in the following manner: The respective parties are obliged to make every effort to ensure that these procedures operate effectively Unions and the Department should inform each other, in writing, of the names of their duly accredited representative responsible, in the first instance, for matters arising on the job. The union's appointed job representative(s) will be entitled to represent union members employed by the Department. The Department's representative(s) will be responsible for dealing with matters raised by the union's job representative(s) If the employee is not a member of a union or is a member of a union and does not wish the union to represent them they are entitled to have a representative of their choice act on their behalf, providing the nominated representative agrees to provide representation The accredited representative(s) will make themselves available for consultation as required under these procedures The union's representative(s) or employee representative should discuss any matter affecting an employee with the supervisor in charge of the section or sections in which the grievance, dispute or likely dispute exists If the matter is not resolved at this level the union's representative(s) or employee representative should ask that it be referred to the Department's representative nominated above, who will then arrange a conference to discuss the matter The consultation process referred to above will be commenced within 24 hours of the grievance, dispute or likely dispute having been registered, or such longer or shorter period as may be agreed to by the parties If the matter is not resolved at the conference referred to above, the union's representative(s) will advise the appropriate official of the union of the issue and a conference will be arranged. If the aggrieved employee is not being represented by a union then they or their representative should arrange the conference. The conference must be attended by the official(s) and the union job representative concerned (provided that the Union so decides), or the employee concerned and their representative and by the designated Departmental representatives, which may include a representative of the Office for the Commissioner for Public Employment (if the Department so decides) If the matter cannot be resolved employing the above procedures, the Department and the union or the employee and their representative should enter into consultation at a higher level, as the parties consider appropriate. At this level of consultation the Office for the Commissioner for Public Employment must be involved After consultation has occurred between the parties in accordance with these procedures, either party may request and be entitled to receive a response to its representations within a reasonable time as may be agreed to by the parties If the matter is not resolved in accordance with these procedures either party may refer the matter to the South Australian Industrial Relations Commission Without prejudice to either party, and except where a bona fide health and safety issue is involved, work should continue on a status quo basis while matters in dispute are being dealt with in accordance with these procedures. A "status quo basis" will mean the work situation in place at the time the matter was first raised in accordance with these procedures If there is undue delay on the part of any party to the matter, the party complaining of the delay may take the matter to a higher level in the dispute process In the event of a party failing to observe these procedures the other party may take such reasonable steps as are considered necessary to resolve the matter These procedures will not restrict the Department, or its representative(s), or a duly authorised official of the union or the employee and/or their representative from making representations to each other. For the purpose of this clause "employee representative" means a person that is not a union representative or union official and who is representing an employee in this procedure.
8 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 3 2
9 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 4 1 PART 4 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS Clause 4.1 Anti-Discrimination It is the intention of the parties to this award to achieve the principal object of section 3(m) of the Act by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, religion, political opinion, national extraction or social origin Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects Nothing in this clause is to be taken to affect: any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti discrimination legislation; an employee, employer or registered organisation pursuing matters of discrimination in the State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; Clause 4.2 Contract of Service The Contract of Service will, in the absence of an express contract in writing to the contrary, be deemed to be a Contract of Service under which wages will be paid fortnightly and which may be terminated by either party on giving notice in writing of not less than 28 calendar days (of which not less than 20 must be working days) effective on the last working day of any term If the notice required by this clause is not given or if such notice is not effective on the last working day of any term the party failing so to comply will pay or forfeit to the other six weeks wages The employer may where in its opinion reasonable cause exists, waive strict compliance with the above and accept the notice of termination by the employee at any time The employer may dismiss summarily any employee without notice for misconduct, neglect of duty, incompetence or wilful disobedience of lawful and reasonable orders. Where an employee is so dismissed that employee will be entitled to payment for all work performed up to the time of dismissal only. Clause 4.3 Transfer Provisions The employer may transfer staff from one kindergarten to another provided that the employer must act reasonably and on balance in the best interest of all persons concerned having regard to the circumstances If any employee is to be transferred from one kindergarten to another as a result of the employer's intention to vary the entitlement of kindergartens as to the number of employees or the employment hours of employees, the employer will, before notifying any employee, advise the AEU to this effect and provide to the AEU details of the positions affected Any employee transferred from one kindergarten to another and changes residence as a consequence of the transfer, will have household furniture and effects moved at the employer's expense under arrangements made or approved by the employer and in addition will be paid - a packing allowance, the amount of which will be determined by the employer; the cost of fares for the employee and his/her family; on the production of proper vouchers, such other expenses as the employer may determine, provided that such other expenses are in the opinion of the employer, necessarily and reasonably incurred by the employee and his/her family in connection with that transfer.
10 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART This subclause is subject to the following conditions: Where the employee initiates a transfer, a minimum period of 3 years in his/her current kindergarten must apply and a minimum distance of 50 kilometres to her new employment location must be involved Where the employer initiates a transfer, a minimum distance of 50 kilometres must apply No expenses will be paid in respect of transfers within the metropolitan area as generally defined The employer may authorise the payment to an employee of an approved allowance to cover depreciation of and necessary replacements to his/her household furniture and effects.
11 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 5 1 PART 5 SALARIES AND RELATED MATTERS Clause 5.1 Incremental Progression Where an employee is appointed under the Children's Services Act, 1985 as amended, to a position to which a salary scale prescribed by the Award relates the employee will, subject to the provisions of the Award, be entitled to progress to the next higher incremental step therein upon the completion of each 207 duty days served, and: duty days accrued as a temporary teacher (contract) will be equivalent to permanent teaching service duty days accrued as a casual teacher will be credited at the rate of two thirds of one day for each full day actually worked all teaching experience will be cumulative regardless of where that experience was gained, the nature of that teaching experience, or whether it was accrued in part years Provided that: no employee is entitled to advance more than one incremental step for teaching experience gained in or in relation to each period of twelve calendar months and any excess days of teaching experience gained within that period will be disregarded for all purposes for a full-time employee the next higher increment will fall due on the anniversary of the date from which that employee's current increment was paid plus a number of calendar days to reflect period(s) of leave without pay, if any, taken by that employee during the period of that employee's entitlement to the current increment step calculated as follows: periods of leave without pay 365 expressed in duty days not served X 207 and provided that where the above formula defers the next incremental date from a date before 29th February in any leap year to a date after 29th February, the figure 366 will be substituted for 365 in the formula. Nothing in this clause will be construed as prohibiting the exercise of discretion by the Minister for Education and Children's Services to deem any period or periods of leave without pay to be duty days. Clause 5.2 Transitional Provisions In determining the date of the next increment, an employee who was in the employment of the Minister for Education and Children's Services immediately prior to the date of operation of this award will be deemed to have commenced duty in 1989 on 26 January An employee holding a position in the employment of the Minister for Education and Children's Services immediately prior to the date of operation of this award will be given credit for the same number of incremental steps on which the rate of the employee's salary, immediately before this award came into force, was based If the rate to which an employee is so entitled under the provisions of this clause is not the highest rate in the scale, the next increment will become payable as determined by Clauses 5.1 and of this Award An employee holding a position in the employment of the Minister for Education and Children's Services immediately prior to the date of operation of this award, with academic qualifications and or previous teaching experience which have not already been taken into account in his or her current salary level will be entitled to have his or her increment step and date reassessed in the manner set out in Clause S of Schedule 1 of this Award as appropriate. The onus will be upon the employee of establishing that teaching experience has been accrued and qualifications have been gained which have hitherto not been recognised An employee will not be entitled to an increment of salary if the Executive Director, Human Resources, after giving notice to and hearing the teacher, certifies that the conduct, diligence and general efficiency of the employee during the period preceding the day when the increment would take effect have not been satisfactory.
12 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 5 2 Clause 5.3 Salaries of Officers Re-Engaged after Resignation If under the Children's Services Act, 1985, as amended, an employee is re-engaged after retirement or resignation that employee will be entitled to the salary fixed by this award for the position to which he or she is appointed subject to the following conditions: the employee will, on reappointment be given credit for academic and professional qualifications whether gained before or after retirement or resignation so far as they are relevant to the amount of his or her salary under this award the employee will on reappointment be placed on the same incremental step as the one to which that officer was entitled immediately prior to leaving the teaching service provided that: there will be a deduction by one incremental step if such an officer has not gained significant teaching experience for a period of five calendar years or more immediately prior to re-appointment providing that the reduction of one incremental step does not reduce the commencing salary to less than the minimum salary provided in accordance with Clause S , of Schedule 1 of this award. Any dispute arising as to whether the above provisions should be applied in a particular case will be dealt with by the Grievance and Dispute Settling Procedures detailed in Clause 3.1 of this Award additional credit will be given for all other relevant teaching experience gained other than as an officer appointed under the Children's Services Act, 1985, as amended, after termination of such employment but prior to reengagement in a manner set out in Clause S.1.3 of Schedule 1 of this award. See Schedule 1. Clause 5.4 Salaries Temporary Staff Clause 5.5 Temporary and Casual Staff A person who is employed for a continuous specified period of more than 19 working days but not more than four terms will be paid a daily rate for days actually worked in accordance with the formula detailed below for the number of working days in the specified period. Annual salary plus recreation leave loading A temporary teacher or Director, who is paid according to the provisions of this part will subject to Clause S.1.2, of Schedule 1 of this award, be entitled to progress to the next highest incremental step upon the completion of 207 duty days as a temporary teacher or Director A temporary teacher or Director will be entitled to leave of absence with pay on the grounds of personal illness. The amount of entitlement will be calculated according to the following formula: Number of working days of appointment X E working days in kindergarten year which will give the number of sessions entitlement where E is the sick leave entitlement of an employee as calculated in accordance with the conditions and formula of Clause Temporary staff are entitled to the provisions of Clauses 5.8, 7.5, 7.6, 7.7, and 7.8. For the purpose of this part - Working days in the specified period means: the days upon which teaching staff are normally expected to be on duty; public holidays which occur other than in kindergarten vacation periods;
13 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 5 3 Annual salary means the salary to which the temporary teacher or Director would be entitled appropriate to the qualifications held and length of previous service; Recreation leave loading means an amount equal to that prescribed in Clause Casual reliever being a person employed for a single continuous period not exceeding 19 working days. Any person employed under this category will be paid the salary as a teacher (or Director) appropriate to their qualifications and length of service plus 25 per cent of that salary. The calculation will be based on: base rate + loading + 25 per cent to give a daily rate 260 The loading will only apply where the casual reliever is required to carry out the duties of a Director for a period of one week or more. Clause 5.6 Higher Duties Allowance An employee acting in a higher position for a consecutive period of five working days or more will, as from the date of commencement of acting in the higher position and while the employee continues to occupy that position, be entitled to receive the salary and increments to which the employee would become entitled had the employee been permanently engaged in that higher position. Clause 5.7 Term Leave Loading An allowance will be paid to an employee by way of term leave loading payable to an employee on the day immediately subsequent to the last working day of the year The amount of the term leave loading will be calculated in accordance with the recreation leave loading provisions as provided for in the Education Act, 1972, as amended, and administered by the Department of Education and Children s Services An employee who terminates his/her employment or has his/her employment terminated by the employer or an employee who in the initial year of appointment commences work after the commencement of the school year, will be granted pro rata term leave loading in accordance with the following formula - No. of completed weeks worked after 17 1/2% of 4 weeks commencement of school year X wages (up to the No. of working weeks prescribed maximum) in a calendar year The school year will be deemed to have commenced on the first day of the first term of the year. Clause 5.8 Travelling Expenses An employee will be entitled to be reimbursed for travelling expenses in accordance with Regulation 29 made pursuant to the Education Act, 1972, as amended. OPDATE 22:12:2009 on and from Definitions: Clause 5.9 Advanced Skills Teacher
14 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 'the procedure' means the procedure(s) in respect of an application, assessment and reassessment of an eligible employee as agreed from time to time between the Chief Executive and the AEU and as published from time to time by the Department; 'the criteria' means the criteria agreed from time to time between the Chief Executive and the AEU and as published from time to time by the Department An employee who lodges an application with the Chief Executive in accordance with the procedure, is, subject to this clause, eligible to be assessed to be paid at the level of Advanced Skills Teacher 1. Such an employee is referred to in this clause as an eligible employee An eligible employee will be assessed in accordance with the procedure and the criteria An eligible employee who is assessed as satisfying the criteria will, for a period of 5 years commencing on and from the first duty day in the year following the year in which the eligible employee is assessed, be entitled to be paid at the level of Advanced Skills Teacher At least 10 months prior to the expiration of any 5 year period during which an employee is entitled to be paid at the level of Advanced Skills Teacher 1, the employee may make application to be reassessed in accordance with the procedure and, if assessed as satisfying the criteria, the employee will be entitled to be paid at the level of Advanced Skills Teacher 1 for a further 5 years commencing on and from the day following the expiration of the previous 5 year period An employee who upon assessment or reassessment does not meet the criteria, will not be entitled to be further assessed pursuant to this clause earlier than during the second calendar year after the year in which the employee was last assessed or reassessed.
15 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 6 1 PART 6 HOURS OF WORK, BREAKS AND OVERTIME Clause 6.1 Ordinary Hours of Work The ordinary hours of work will be as follows: For a Full Day Employee -36 hours and 15 minutes per week to be worked on Monday to Friday inclusive. For Part-time employees - Less than 36 hours and 15 minutes per week to be worked on Monday to Friday inclusive. Clause 6.2 Meal Break An employee will not work more than five hours in any one working day without being allowed a meal break of not less than 20 minutes to be taken not more than five hours after commencement of work on that working day. This meal break will be counted as time worked.
16 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART 7 1 PART 7 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Clause 7.1 Public Holidays 7.1 An employee will be entitled to the following public holidays:- New Years Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Adelaide Cup Day, Queen's Birthday, Labour Day, Christmas Day, Proclamation Day, or in lieu of any such holiday, any holiday claimed in lieu thereof together with any other day duly proclaimed as a special day and observed as a public holiday within the State of South Australia. Clause 7.2 Term Leave An employee will be entitled to term leave on full pay for the vacation periods occurring between terms. For the purpose of this subclause the terms will be taken to be coextensive with those from time to time prescribed for government primary schools conducted pursuant to the Education Act, 1972, as amended Where reasonable cause exists, the employer may direct an employee to take part of the said term leave at a time convenient to the employer provided always, that the total amount of term leave granted is not less than that period referred to in subclause If an employee terminates his/her employment or his/her employment is terminated by the employer at any time, such employee will be granted pro rata leave payments for that period calculated in accordance with the following formula: No. of completed weeks worked 52 less number leave taken from after of working commencement of commencement of weeks in a school year to school year X school year = date of termination No. of working 1 1 weeks in a calendar year The formula provided in subclause also applies in the assessment of any term leave entitlement to be made to an employee in the initial year of appointment who has commenced duty after commencement of the school year The school year will commence on the first day of the first term for the year. Clause 7.3 Personal Leave Injury and Sickness OPDATE 24:03:2006 on and from An employee will be entitled to leave of absence with pay on the grounds of personal illness for a period not exceeding the personal leave (previously known as sick leave) standing to the credit of that employee A full-time employee will be credited with personal leave on the following basis: Ten (10) working days on appointment and ten (10) working days on each first day of January succeeding the date of appointment and such sick leave will accrue from year to year without limit If the period of absence on the grounds of personal illness exceeds two (2) or more working days at any time a medical certificate must be produced otherwise the period of absence will be without pay Where an employee is absent on account of personal illness for three (3) or more consecutive working days the employer need not insist upon the production of a medical certificate for the first three working days leave, if the employer is satisfied that the employee has been unable to obtain a certificate for the first three working days but was sick for the whole period of absence The employer may, if it is thought necessary, require an employee to produce satisfactory evidence of illness where the period of absence is three days or less.
17 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART An employee absent on paid personal leave either on the working day immediately preceding or immediately following a public holiday or on both days will be entitled to payment for that holiday without deduction from the sick leave credit of that employee An employee who becomes ill whilst on Long Service Leave and produces a medical certificate covering the period of illness may convert the period of illness to personal leave providing the employee has sufficient personal leave credit available An employee will as soon as practicable after his/her absence on account of illness commences, inform or cause to be informed his/her supervisor of the reason for his/her absence and probable duration thereof Part-time employees are entitled to annual personal leave as for full-time employees but on a pro rata basis and in proportion to the hours normally worked Personal leave will be recorded in hours Casual employees are not entitled to sick leave. OPDATE 24:03:2006 on and from Definitions Clause 7.4 Parental Leave In this clause, unless the contrary intention appears: Adoption includes the placement of a child with a person in anticipation of, or for the purposes of, adoption Adoption leave means adoption leave provided under Child means a child of the employee or the employee s spouse under the age of one year; or means a child under the age of school age who is placed with an employee for the purposes of adoption, other than a child or step-child of the employee, or of the spouse of the employee, who has previously lived with the employee for a continuous period of at least six months Eligible casual employee means a casual employee employed by an employer during a period of at least 12 months, either: (a) on a regular and systematic basis for several periods of employment; or (b) on a regular and systematic basis for an ongoing period of employment, and who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment Extended adoption leave means adoption leave provided under (b) Extended paternity leave means paternity leave provided under (b) Government authority means a person or agency prescribed as a government authority for the purposes of this definition Maternity leave means maternity leave provided under Medical certificate means a certificate as prescribed in Parental leave means adoption leave, maternity leave, paternity leave, extended adoption leave or extended paternity leave as appropriate, and is unpaid leave Paternity leave means paternity leave provided under Primary care-giver means a person who assumes the principal role of providing care and attention to a child.
18 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART Relative adoption means the adoption of a child by a parent, a spouse of a parent or another relative, being a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage) Short adoption leave means adoption leave provided under (a) Special adoption leave means adoption leave provided under Special maternity leave means maternity leave provided under Spouse includes a defacto spouse or a former spouse Employer s responsibility to inform On becoming aware that: (a) an employee is pregnant; or (b) an employee s spouse is pregnant; or (c) an employee is adopting a child, the Employer must inform the employee of: (i) the employee s entitlements under this clause; and (ii) the employee s responsibility to provide various notices under this clause Eligibility for and entitlement to parental leave Subject to the qualifications in 7.4.4, the provisions of this clause apply to full-time, part-time and eligible casual employees but do not apply to other employees (a) For the purposes of this clause continuous service is work for an employer on a regular and systematic basis (including a period of authorised leave or absence) (b) The Employer must not fail to re-engage a casual employee because: (i) the employee or the employee s spouse is pregnant; or (ii) the employee is or has been immediately absent on parental leave (c) The right of the Employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause An employee who becomes pregnant is, on production of the required medical certificate, entitled to up to 52 weeks of maternity leave A male employee is, on production of the required medical certificate, entitled to one or two periods of paternity leave, the total of which must not exceed 52 weeks, as follows: (a) An unbroken period of up to one week at the time of the birth of the child (b) A further unbroken period of up to 51 weeks in order to be the primary care-giver of the child (to be known as extended paternity leave) An employee is entitled to one or two periods of adoption leave, the total of which must not exceed 52 weeks, as follows: (a) An unbroken period of up to three weeks at the time of the placement of the child (to be known as short adoption leave) (b) A further unbroken period of up to 49 weeks in order to be the primary care-giver of the child (to be known as extended adoption leave).
19 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART Qualifications on entitlements and eligibility The entitlement to parental leave is reduced: (a) In the case of maternity leave, by any period of extended paternity leave taken by the employee s spouse and/or by any period of special maternity leave taken by the employee (b) In the case of extended paternity leave, by any period of maternity leave taken by the employee s spouse (c) In the case of extended adoption leave, by any period of extended adoption leave taken by the employee s spouse Certification required An employee must, when applying for maternity leave or paternity leave, provide the Employer with a medical certificate that: (a) names the employee or the employee s spouse, as appropriate; (b) states that the employee or the employee s spouse is pregnant; and (c) states: (i) the expected date of birth; (ii) the expected date of termination of pregnancy; or (iii) the date on which the birth took place, whichever is appropriate At the request of the Employer, an employee must, in respect of the conferral of parental leave, produce to the Employer within a reasonable time a statutory declaration which states: (a) Parental leave (i) The particulars of any period of parental leave sought or taken by the employee s spouse, and where appropriate; (ii) That the employee is seeking the leave to become the primary care-giver of a child (b) Adoption leave (i) In the case of adoption leave, a statement from a Government authority giving details of the date, or presumed date, of adoption; and (ii) That for the period of the leave the employee will not engage in any conduct inconsistent with the employee s contract of employment Notice requirements Maternity leave (a) An employee must give reasonable notice to the Employer, depending on the circumstances, of their intention to take maternity leave (b) The Employer may, by not less than 14 days notice in writing to the employee, require her to commence maternity leave at any time within six weeks immediately before the expected date of birth. Such a notice may be given only if the employee has not given the Employer the required notice Paternity leave An employee must give reasonable notice to the Employer, depending on the circumstances, of their intention to take paternity leave.
20 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART Adoption leave An employee must (a) On receiving notice of approval for adoption purposes, notify the Employer of the approval and, within two months of the approval, further notify the Employer of the period(s) of adoption leave the employee proposes to take (b) In the case of a relative adoption, so notify the Employer on deciding to take a child into custody pending an application for adoption (c) As soon as the employee is aware of the expected date of placement of a child for adoption purposes, but not later than 14 days before the expected date of placement, give notice in writing to the Employer of that date, and of the date of commencement of any period of short adoption leave to be taken (d) At least 10 weeks before the proposed date of commencing any extended adoption leave, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken Unforeseen circumstances An employee is not in breach of any of these notice requirements if the employee s failure to comply is caused by unforeseen or other compelling circumstances, including: (a) the birth occurring earlier than the expected date; or (b) the death of the mother of the child; or (c) the death of the employee s spouse, or (d) the requirement that the employee accept earlier or later placement of the child, so long as, where a living child is born, the notice is given not later than two weeks after the birth Taking of parental leave No employee may take parental leave concurrently with such leave taken by the employee s spouse, apart from paternity leave of up to one week at the time of the birth of the child or adoption leave of up to 3 weeks at the time of the placement of the child Subject to complying with any relevant provision as to the taking of long service leave, an employee may, instead of or in conjunction with parental leave, take any long service leave to which the employee is entitled Paid personal leave or other paid absences are not available to an employee during the employee s absence on parental leave Subject to and unless agreed otherwise between the Employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, the Employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties Where leave is granted under , during the period of leave an employee may return to work at any time, as agreed between the Employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee Maternity leave and paternity leave cannot extend beyond the child s first birthday Adoption leave cannot extend beyond the child s fifth birthday Extended adoption leave cannot extend beyond the first anniversary of the initial placement of the child Not withstanding the provisions of this clause, employees eligible for parental leave have the right to request parental leave as consistent with Variation and cancellation of parental leave
21 PRE-SCHOOL (KINDERGARTEN) TEACHING STAFF AWARD PART Without extending an entitlement beyond the limit set by 7.4.3, parental leave may be varied as follows: (a) The leave may be lengthened once by the employee giving the Employer at least 14 days notice in writing stating the period by which the employee requires the leave to be lengthened (b) The leave may be lengthened or shortened by agreement between the Employer and the employee Parental leave may be cancelled by agreement between the Employer and the employee Special maternity leave and personal leave If an employee not then on maternity leave suffers illness related to her pregnancy she is entitled to take leave under 7.3; or Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid personal leave to which she is entitled in lieu of, or in addition to, special maternity leave An employee who returns to work after the completion of a period of such leave is entitled to the position which she held immediately before commencing such leave, or in the case of an employee who was transferred to a safe job, to the position she held immediately before such transfer If that position no longer exists, but there are other positions available which the employee is qualified for and is capable of performing, she is entitled to a position, as nearly as possible, comparable in status and pay as that of her former position If it is not possible to offer a teacher on parental leave a suitable appointment at the cessation of the period for which the leave has been granted, the leave may be extended until the end of the vacation period following the end of the school year during which notice of intention to resume duty was given Special adoption leave An employee who has received approval to adopt a child who is overseas is entitled to such unpaid leave as is reasonably required by the employee to obtain custody of the child An employee who is seeking to adopt a child is entitled to such unpaid leave not exceeding five days as is required by the employee to attend such interviews, workshops, court attendances or examinations as are necessary as part of the adoption procedure The leave under this clause is to be known as special adoption leave and does not affect any entitlement under Special adoption leave may be taken concurrently by an employee and the employee s spouse Where paid leave is available to the employee, the Employer may require the employee to take such leave instead of special adoption leave Transfer to a safe job - maternity leave If, in the opinion of a legally qualified medical practitioner: (a) illness or risks arising out of the pregnancy; or (b) hazards connected with the work assigned to the employee, make it inadvisable for the employee to continue her present work, the employee must, if the Employer considers that it is practicable to do so, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave If the transfer to a safe job is not considered practicable, the employee is entitled, or the Employer may require the employee, to take leave for such period as is certified necessary by a legally qualified medical practitioner Leave under this clause will be treated as maternity leave.
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