CATHOLIC SCHOOLS (NORTHERN TERRITORY) COLLECTIVE ENTERPRISE AGREEMENT 2014 COMMISSIONER STEEL ADELAIDE, 28 AUGUST 2014

Transcription

1 [2014] FWCA 5959 DECISION Fair Work Act 2009 s Application for approval of a single-enterprise agreement Catholic Education Office (AG2014/1592) CATHOLIC SCHOOLS (NORTHERN TERRITORY) COLLECTIVE ENTERPRISE AGREEMENT 2014 Northern Territory COMMISSIONER STEEL ADELAIDE, 28 AUGUST 2014 Application for approval of the Catholic Schools (Northern Territory) Collective Enterprise Agreement [1] An application has been made for approval of an enterprise agreement known as the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. [2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met. [3] The Independent Education Union of Australia, the Australian Nursing and Midwifery Federation, United Voice and the Shop, Distributive and Allied Employees Association being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. As required by s.201(2) of the Act I note that the Agreement covers those organisations. [4] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of various clauses of the Agreement. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement. 1

2 [2014] FWCA 5959 [5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 4 September The nominal expiry date of the Agreement is 3 March COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code T, AE PR554831> 2

3 CATHOLIC SCHOOLS (NORTHERN TERRITORY) COLLECTIVE ENTERPRISE AGREEMENT 2014

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5 Parental Leave Personal Leave Sick Leave Carer s Leave Bereavement Leave Emergency Leave Family Leave Domestic Violence Leave Study Leave Examination Leave Community Services Leave Leave Without Pay PART 6 - CONDITIONS SPECIFIC TO TEACHING STAFF Provisions Relating to Part time and Casual Employees Appointment Induction Procedures Teacher Accreditation Credit for Other Service Three Year Trained Teachers Progression Payment for Full Year or Proportionate Year Stand Down Advanced Skills Classification Scheduled Face-to-Face Teaching Release Time for Primary Extras Statement of Service Laptop Program for Teachers in Non-Remote Schools Classroom Teacher 5 to Classroom Teacher 6 Progression Vocational Education and Training in Schools Employees Meal Break PART 7 - CONDITIONS SPECIFIC TO SCHOOL OFFICERS Hours of Duty Work Breaks Part Time Employees Casual Reclassification School Officer Classification Structure First Aid Allowance PART 8 - CONDITIONS SPECIFIC TO INFORMATION TECHNOLOGY EMPLOYEES Classification Structure PART 9 - CONDITIONS SPECIFIC TO INCLUSION SUPPORT ASSISTANTS Classification Structure Recognition of Service Duty Statements Leave Without Pay During Non-Term Weeks - Annualisation Recognition of Qualifications PART 10 - CONDITIONS SPECIFIC TO TEACHER ASSISTANTS Classification Structure

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149 Translating classifications Note: The translations provided below may not match across all levels due to the differing classifications as provided in the Agreement. The calculation for the annual rate of the Modern Awards in this translation is the weekly wage x TEACHING STAFF (a) Teachers Enterprise Agreement 3 March 2014 Classification Per Annum ($) Educational Services (Teachers) Award 1 July 2014 Level Per Annum ($) 1 44, ,491 CT 1 63, ,728 CT 2 67, ,414 CT 3 70, ,101 CT 4 73, ,670 CT 5 76, ,241 CT 6 81, ,927 CT 7 85, ,614 CT 8 88, ,300 CT 9 91, ,987 AST 1* AST 2* 96,295 (4,686) 99,684 (8,075) 12 61,673 No equivalent No equivalent *AST substantive salaries shown above are CT9 plus the applicable allowance. (b) Teacher Allowances Enterprise Agreement Classification Religious Education Co-Ordinator / Co-Ordinator Assistant Principal Religious Education Assistant to Principal /Campus Administrator 3 March 2014 Per Annum ($) Primary 8,075 Secondary 8,810 Primary 9,543 Secondary 10,276 Primary 9,543 Secondary 10,276 Educational Services (Teachers) Award July 2014 Classification Per Annum ($) No equivalent No equivalent No equivalent Deputy Principal 17,101 No equivalent F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 1 -

150 (c) Promotional Positions Teachers Enterprise Agreement Promotional Positions 3 March 2014 Per Annum ($) Educational Services (Teachers) Award 2010 Leadership Allowance % of the Standard Rate 1 July 2014 Per Annum ($) POR (allowance) Primary 8,075 Category A 8.00% 3, Secondary 8,810 Level 1 Category B 7.00% 3, Category C 6.30% 2, NEW STRUCTURE 3 March 2015 Per Annum ($) Category A 5.50% 2, POR (allowance) Level 4 8,075 Level 2 Category B 4.75% 2, Level 3 5,768 Category C 4.00% 1, Level 2 4,120 Category A 2.75% 1, Level 1 2,472 Level 3 Category B 2.35% 1, Special Project (per week) Category C 1.60% *standard rate means the minimum annual rate applicable to Level 1 (clause 14 minimum wage). (d) **funding to pay for the Positions of Responsibility, is allocated to schools on a $ value per 100 students or part thereof (cl ). Vocational Education and Training in Schools Teachers Enterprise Agreement 3 March 2014 Classification Per Annum ($) Educational Services (Teachers) Award 1 July 2014 Level Per Annum ($) 1 44, ,491 VET/T1 49, ,728 VET/T2 50, ,414 VET/T3 53, ,101 VET/T4 56, ,670 VET/T5 60, ,241 VET/T6 63, ,927 VET/T7 65, ,614 VET/T8 68, ,300 VET/T9 71, , ,673 F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 2 -

151 NON-TEACHING STAFF (a) School Officers Enterprise Agreement Educational Services (General Staff) Award 2010 Classification 3 March 2014 Per Annum ($) Classification level 1 July 2014 Per Annum ($) Level 1 Step 1 46,172 Level ,407 Step 2 47, ,728 Step 3 48, ,027 Level 2 Step 1 49,940 Level ,314 Step 2 51, ,488 Step 3 52,624 Step 4 54,015 Step 5 55,450 Step 6 56,921 Level 3 Step 1 55,450 Level ,958 Step 2 56, ,662 Step 3 58,424 Step 4 59,973 Step 5 61,565 Step 6 63,193 Level 4 Step 1 61,565 Level ,128 Step 2 63, ,184 Step 3 64,870 Step 4 66,587 Step 5 68,356 Step 6 70,164 Level 5 Step 1 71,567 Level ,588 Step 2 73, ,727 Step 3 74,455 Step 4 75,945 Step 5 77,403 Step 6 79,011 Level 6 Step 1 77,403 Level ,402 Step 2 79, ,695 Step 3 80,592 Level ,213 Step 4 82, , ,615 Level 8 61,661 F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 3 -

152 Enterprise Agreement Educational Services (General Staff) Award 2010 Classification 3 March 2014 Per Annum ($) Classification level 1 July 2014 Per Annum ($) ALLOWANCES First Aid per annum / per fortnight First Aid 1.65% of the standard rate* per annum or 1/240 th of 1.65% per day OR $ per annum *standard rate means the annual salary applicable to Level 3.1 in clause 15 - Minimum wage **The weekly hours for School officers in the Agreement are 37 hours per week whereas the Modern Award is 38 hours per week. (b) Information Technology Workers Classification Enterprise Agreement 3 March 2014 Per Annum ($) Educational Services (General Staff) Award 2010 Classification level 1 July 2014 Per Annum ($) Level ,942 Level , , , , , ,015 Level , , , ,918 Level ,450 Level , , , , , , ,195 Level ,562 Level , , , , ,587 Level , , , ,164 Level ,402 Level , , ,000 Level , , , , , ,236 Level 8 61,661 *Schedule B of the Modern Award - School Administration Grade 5 is for degree qualified employees who may undertake an IT role in the school. F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 4 -

153 (c) Teachers Assistants Classification Enterprise Agreement 3 March 2014 Per Annum ($) Educational Services (General Staff) Award 2010 Classification level 1 July 2014 Per Annum ($) Level ,384 Level , , , , ,027 Level , , ,695 Level ,994 Level , , , ,220 Level ,289 Level , , , ,494 (d) Inclusion Support Assistants Classification Enterprise Agreement 3 March 2014 Casual per Hour ($) Educational Services (General Staff) Award 2010 Classification level 1 July 2014 Casual Per Hour($) Level Level Level Level Level ALLOWANCES First Aid $35.00 per week 1.65% of the standard rate* per annum or 1/240 th of 1.65% per day OR per annum Specialised Care $15 per week No equivalent Qualifications $15 per week No equivalent *standard rate means the annual salary applicable to Level 3.1 in clause 15 - Minimum wage **the casual loading specified in the Agreement for ISAs is 28% whereas the Modern Award casual loading is 25%. F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 5 -

154 (e) Indigenous Education Workers Classification Enterprise Agreement 3 March 2014 Per Annum ($) Educational Services (General Staff) Award 2010 Classification level 1 July 2014 Per Annum ($) Level ,012 Level , , , , , ,424 Level ,976 Level , , , ,190 Level , ,868 Level , , , ,059 (f) Early Childhood Education Workers Enterprise Agreement Children s Services Award 2010 Classification 3 March 2014 Per Annum ($) Classification level 1 July 2014 Per Annum ($) Assistant (unqualified) Assistant (Qualified) Team Leader on SDP ,071 Level , ,201 Level , , , , , ,018 Level , , , , , , , ,539 Level , , ,565 Team Leader 57, ,259 57,970 58,959 F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 6 -

155 Early Childhood Education Workers Continued Enterprise Agreement Children s Services Award 2010 Classification 3 March 2014 Per Annum ($) Classification level 1 July 2014 Per Annum ($) Assistant Director Assistant Director (Teacher) Director (Teacher) Director (Non-Teacher) ALLOWANCES Director (Teacher) (8.5% of CT2 as per clause (h)) First Aid (cl ) ,947 Level , , , , , , , ,475 63,876 67,083 Level ,306 67, ,994 5,702 ($ per week) Qualification and/or training and renewal of qualification paid by Employer which is undertaken in the employees own time. Qualification Allowance (cl. 15.6) First Aid (cl.15.4) , , , , , , ,146 5% of 5.4 of the per week rate $47.45 per week 1.13% of the standard rate per day or 0.15% of the standard rate per hour. Daily Rate: $8.43 Hourly Rate: $1.12 *standard rate means the minimum weekly rate for a Children s Services Employee Level 3.1 (Certificate III qualified) in clause 14 Minimum Wages. F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 7 -

156 (g) Boarding House Enterprise Agreement Educational Services (General Staff) Award 2010 Classification 3 March 2014 Per Annum ($) Classification level 1 July 2014 Per Annum ($) House Parent ,612 Level , , , , ,007 Team Leader ,299 Level ,958 Second in Charge of Boarding Head of Boarding (Boys/Girls , , , ,720 Level , ,184 Level , ,727 F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 8 -

157 Boarding House Continued Enterprise Agreement Educational Services (General Staff) Award 2010 Classification 3 March 2014 Per Annum ($) Classification level 1 July 2014 Per Annum ($) ALLOWANCES First Aid Board and Keep (Cl ) Sleepovers (cl ) Not specified in the Agreement Employees are required to work 12 additional hours per fortnight to be entitled to Board and keep (applicable only to part time and full time employees). 2 hours at the employee s ordinary hourly rate. In the event of an emergency where an employees duties extend beyond one hour will be paid for at the rate of time and a half for the next three hours and then at the rate of double time. First Aid (cl. 16.3) Accommodation (cl. 16.1) Sleepovers (cl. 16.6) On-call / Recall (cl. 16.5) 1.65% of the standard rate* per annum or 1/240 th of 1.65% per day OR $ per annum An employee who is employed as a caretaker and who is required by the employer to reside in premises provided by the employer, will be provided with living quarters, fuel and light at no cost to the employee 0.11% of the standard rate per sleepover or 150% of the ordinary hourly rate of pay with a minimum payment being for 30 minutes On-call: one ordinary hour s pay for each period of up to 24 hours that the employee is required to be on call Re-call: minimum of two hours at the appropriate overtime rate where that duty is not continuous with their ordinary hours of duty Higher Duties (cl ) Worked at the rate of pay prescribed for the first year of service at the appropriate higher level or classification Higher Duties (cl. 18) These allowances do not apply where an employee is required to a caretaker who is provided accommodation. At the applicable Level 1 of the higher rate *standard rate means the annual salary applicable to Level 3.1 in clause 15 - Minimum wage F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx - 9 -

158 (h) Retail Employees / Canteen Staff Enterprise Agreement Educational Services (General Staff) Award 2010 Classification 3 March 2014 Per Annum ($) Classification Level 1 July 2014 Per Annum ($) Retail Worker Grade 1 43,214 Level ,407 JUNIORS , ,027 Grade 2 44,505 Level , ,488 Grade 3 46,757 Level , ,662 Level , ,184 Percentage of Adult Wage Per Week 3 March 2014 Per Week ($) Percentage of Adult Wage Per Week Level 1 (max) Level 2 (max) At sixteen years of age Under 17 years of 60% or under age 50% At seventeen years of age 70% years of age 60% At eighteen years of age 80% years of age 70% At nineteen years of age 90% years of age 80% At twenty years of age 100% years of age 90% ALLOWANCES First aid (per week) N/A per annum Meal Allowance (per meal) N/A per meal Uniform Laundry Allowance Supplied by the School or reimbursement at cost of the supplied uniform. NAPSA - $10 per week for laundry allowance 6.00 per week (max) OR 0.30 per day **The first aid allowance is not applicable to retail workers in the NT Catholic Schools system. A first aid allowance is payable to school officers and ISAs under the current agreement. F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx

159 (i) Grounds Maintenance Staff & Cleaners Enterprise Agreement Classification 3 March 2014 Per Annum ($) Educational Services (General Staff) Award 2010 Classification Level 1 July 2014 Per Annum ($) Physical ,051 Level , , , , ,027 Physical ,779 Level , , , ,956 Physical ,956 Level , , , ,276 **The first aid allowance is not applicable to grounds and maintenance staff & cleaners in the NT Catholic Schools system. A first aid allowance is payable to school officers and ISAs under the current agreement. F:\DATA\EBARG\NT Collective Bargaining\Catholic Schools\COLB4\4ntcat110js (V3).docx

160 Offices in Bundaberg, Darwin, Sunshine Coast, Toowoomba and Townsville Registered office All correspondence to 346 Turbot Street PO Box 418 SPRING HILL QLD 4000 FORTITUDE VALLEY QLD 4006 Telephone (07) Facsimile (07) Freecall QLD Freecall NT ABN Our ref: 4ntcat112js 21/17/2 Tuesday, 26 August 2014 Fair Work Commission Adelaide PO Box 8072 Station Arcade ADELAIDE SA 5000 By Dear Commissioner Steel RE: AG2014/1592 Catholic Schools (Northern Territory) Collective Enterprise Agreement 2014 We refer to your preliminary findings regarding application AG2014/1592 (Catholic Schools (Northern Territory) Collective Enterprise Agreement 2014). We understand that the employer has provided undertakings to address your concerns. The Independent Education Union Queensland and Northern Territory Branch concurs with the undertakings provided by the employer. Yours Sincerely JOHN SPRIGGS SENIOR INDUSTRIAL OFFICER Our Union, Our Support, Our Voice

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162 NT Branch Level 1 38 Woods Street Darwin NT 0800 GPO Box 32 Darwin NT 0801 Telephone: (08) Facsimile: (08) nt@unitedvoice.org.au Martine Tulloch Branch President Matthew Gardiner Branch Secretary ABN: August 2014 Fair Work Commission PO Box 8072 Station Arcade Adelaide SA 5000 Dear Andrew Re: AG2014/1592 Catholic Schools (Northern Territory) Collective Enterprise Agreement Please can you bring this correspondence to the attention of Commissioner Steele. We refer to your preliminary findings regarding application AG2014/1592 Catholic Schools (Northern Territory) Collective Enterprise Agreement We understand that the employer has provided undertakings to address your concerns. United Voice Northern Territory concurs with the undertakings provided by the employer. If you require further discussions please contact our Industrial Officer Ms Erina Early on Yours sincerely Matthew Gardiner Branch Secretary NT Registered Office, Level 1, 38 Woods Street, Darwin, NT, 0800

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