Victorian Government Schools Agreement (VGSA) 2008 - Australian ...

Objectives8 The objectives of this agreement are tofacilitate:(1) An ethos and a culture that valuesexcellence and high standards ofachievement and ensures the higheststandards of teacher quality.(2) A working environment that encouragesand rewards skilled anddedicated school staff through thedevelopment and implementationof policies and employment arrangements,including the capacityto recognise the most effectivestaff, that best supports the deliveryof high quality educationalservices.(3) The implementation of strategiesthat address attraction and retentionissues including the capacityto offer differential benefits toattract and retain staff in rural andregional Victoria and hard to staffschools.(4) The flexibility required by selfmanagingschools, operatingwithin a statewide framework andconsistent with this agreement,to deliver improved educationoutcomes including:• the capacity to select the bestavailable staff to meet the educationalneeds of students; and• the local management of workwithin reasonable and transparentstatewide parameters thatrecognises the changing natureof work organisation in schools.(5) The implementation of schoolimprovement strategies thattransform and improve what happensin schools and classroomsparticularly the intervention in andtargeted support for those schoolsand staff that are demonstrablyunder-performing both in studentoutcomes and on other indicatorsin the context of the resourcesavailable to support the desiredoutcomes.(6) Highly effective leadership and todeliver support to principals askey educational leaders.Commitments9 Increasing the educational attainmentof all Victorian children requires a commitmentto support teachers to fulfiltheir responsibilities in the professionalcontexts in which they work. This willrequire all members of the workforce tomaintain the currency of their knowledgebase in order to continually adaptto the dynamic nature of the externalenvironment and the diverse natureof the student cohorts who attendgovernment schools. The commitmentsset out below reflect the centrality ofteacher practice in improving schoolperformance and student outcomes.The knowledge base of teachers abouthigh quality instruction and the intellectualrigour and quality of the contentstudents are exposed to will ultimatelydetermine the quality of outcomesachieved by the system. Therefore theparties bound to the agreement arecommitted to the following:(1) Building on the achievements ofthe Victorian government schoolsystem subsequent to the releaseof the Blueprint for GovernmentSchools in November 2003.(2) System reform as articulated inthe Blueprint for Early ChildhoodDevelopment and School Reformthat will lead to an improvement inthe educational opportunities andoutcomes for all young Victorians.(3) An education system that deploysand maximises its resources tobenefit all young Victorians.(4) A policy and funding environmentthat recognises the differentialneeds of students and schoolsin order to achieve high qualityoutcomes for all students.(5) Principals using their devolvedauthority to effectively manageand develop their workforce to ensurethat the quality of their workcontinues to improve and impactspositively on the attainment oftheir students.(6) System performance and developmentprocesses that recognise andaffirm high performance, addressunderperformance and value continuoushigh quality professionallearning.Industrial Relations Principles10 The parties commit themselves to thefollowing industrial relations principles:(1) Cooperative and consultative relationshipsbetween management,employees and the union;(2) Management, employee and unionrelationships based on mutualrespect, trust and preparedness toconsider alternative viewpoints;(3) Negotiations involving a mutualproblem solving approach focusingon long term gains for allparties;(4) To work within a progressiveindustrial relations culture to createa system of highly effectiveschools with effective workplacepractices;(5) Recognition of an appropriate rolefor workplace representatives.School Based Consultation11 (1) Staff morale and employee jobsatisfaction are enhanced wherethe views of all employees aretaken into account before decisionsare made. The aim ofthis agreement is to establishworkplace consultative arrangementsthat ensure the principal’sresponsibility, as the Employer’srepresentative, to make schoolbased decisions is carried out ina framework that enables staff tohave input into the decisions thataffect their working life.(2) The principal, as the Employer’srepresentative, has ultimateadministrative and operationalresponsibility for decisions at theschool level, provided that thesedecisions are made in accordancewith the consultation principlesoutlined below.(3) For the purpose of this clause theparties adopt the following commentsmade by Smith C. in CPSU,the Community and Public SectorUnion v Vodafone Network Pty Ltd(Print PR911257):‘Consultation is not perfunctoryadvice on what is about to happen.This is common misconception.Consultation is providingthe individual, or other relevantpersons, with a bona fideopportunity to influence thedecision maker… Consultationis not joint decision-making or40 41

the following documents (or theirsuccessors) are provided: SRPIndicative Allocations, ManagementReport generated by theSRP Planner and SRP ConfirmedAllocations;• anticipated enrolments and staffmovements.For the avoidance of doubt,this clause does not require theprincipal, as the Employer’s representative,to provide employeeinformation to the union or arepresentative of the union.Principal Consultation(8) (a) The morale and job satisfactionfor principals is enhancedwhere their views are takeninto account by the Employer,where possible before decisionsare made, which significantlyimpact on their work.(b) The Employer has ultimateadministrative and operationalresponsibility for systemic decisionsand that principals, asthe Employer’s representative,are responsible for the implementationof these decisionsat the school level.(c) In consulting principals undersubclause (a) the Employer will:(i) advise the affected principalsas soon as practicableof major changes inprograms or new initiativesthat are likely to have asignificant impact on theirwork(ii) advise the affected principalsof the likely effects ontheir work(iii) regularly consult with affectedprincipals and giveconsideration to mattersraised by the principals,provided that the Employershall not be required todisclose confidential information.(9) Assistant principals will beconsulted in accordance with theschool based consultative arrangementsset out in subclauses (1) to(7).Grievances(10) The Employer shall determineprocedures for the resolution ofgrievances arising from decisionson matters set out in subclause(6).Classification structure12 The classification structure will incorporatethe following key features:(1) Three classification levels for principalpositions with six remunerationranges including the capacityfor the Employer to vary the remunerationrange of an individualprincipal position in recognitionof the difficulty of the task in aschool that requires significantimprovement.(2) Two classification levels for assistantprincipal positions, with fourremuneration ranges.(3) Three classification levels forliaison principal positions with sixremuneration ranges.(4) Appointment to principal classand leading teacher positionstenured for up to five years.(5) One classification level of leadingteacher. Leading teachers will beoutstanding classroom teachersand undertake leadership andmanagement roles.(6) One classification level of classroomteacher with three salaryranges - graduate, accomplishedand expert. The primary focus ofthe expert teacher will be highquality instruction, engagement inongoing professional learning, actingas a role model, mentor andcoach to other teachers and facilitatorof the professional learningneeds of others. The primaryfocus of the accomplished teacheris on the planning, preparationand teaching of programs toachieve specific student outcomes.The primary focus of the graduateteacher is on further developingskills and competencies neededto become an effective classroompractitioner with structured supportand guidance from moreexperienced teachers.(7) The introduction of a new salarysubdivision at the top of theexpert teacher range (subdivisionE-4).(8) The capacity to use special paymentsto include an attractionor retention incentive in hardto staff schools, recognition ofoutstanding performance andother purposes determined by theEmployer.(9) The capacity for a classroomteacher or leading teacher to beaccelerated through the classroomteacher salary range or throughthe leading teacher salary rangerespectively.(10) The introduction of an executiveclass.(11) The introduction of a paraprofessionalclass.(12) Movement from any classificationlevel to any higher classificationlevel will be by promotion.13 (1) The classification structure inVictorian Government Schools willbe as follows:Executive ClassPrincipal Class• principal• assistant principal• liaison principalTeacher Class• leading teacher• classroom teacher (expert,accomplished and graduate)Paraprofessional class• Level 4• Level 3• Level 2• Level 1(2) Employees will translate to therevised classification structure asset out in Schedule 3.(3) (a) On commencement of thisagreement employees shall bepaid the following lump sumamount:Former ClassificationLump SumPrincipal class $2,000Leading Teacher Range 2 $1,50044 45

Classroom Teacher(b)(c)Subdivision E-3a $1,000Subdivision E-3 $1,000Subdivision A-5 $1,000Subdivision A-4 $1,000Subdivision A-3 $1,000Subdivision A-2 $1,000Subdivision A-1 $1,000Subdivision G-4 $1,000Subdivision G-3 $1,000The lump sum specified in the tablein subclause (a) is the amountpayable to a full time employee.Part time employees shall receivea pro rata payment based on theirtime fraction as at the commencementdate of this agreement.Notwithstanding subclause (a) anemployee absent on leave withoutpay at the date of commencementof this agreement will be paid therelevant lump sum on resumption.Executive Class14 The objective of the introduction ofthe executive class in the VictorianTeaching Service is to attract talentedand high performing principals intoareas of need by taking on major rolessuch as mentoring principals and turningaround under performing schools.Executive class employment will providethe opportunity to recognise andreward the difficulty and complexityof work required in very challengingenvironments. Persons employed withinthe executive class have coverage underthis agreement with their terms andconditions set by contract.Principal Class15 (1) (a) The classification level forLeveleach principal position will bedetermined by the Employerbut shall not be less than theclassification level determinedby the school budget in eachof the next four years basedon the following budgetparameters:Minimum School Budget2008 2009 2010 20111 $0 $0 $0 $02 $1,219,352 $1,280,320 $1,344,336 $1,411,5533 $7,081,627 $7,435,709 $7,807,494 $8,197,869(b) The budget parameters usedto determine the classificationlevel will be adjusted annuallyto take account of budgetincreases which do not add tothe work value of a principalposition (such as increasesin the funded salary average,utility and cleaning costs andgeneral wage increases). Duringthe life of this agreementthis adjustment will be 5% perannum.(c) For the purposes of the tableabove, “school budget”means the individual schoolStudent Resource Package(SRP) excluding:• the Department’s superannuationcontribution• WorkCover premium• Commonwealth funds thatcannot be anticipated tocontinue for more than twoyears• Locally raised funds.(d) The principal class shallcomprise the followingclassifications:• principal• assistant principal• liaison principal(e) Principal class officers shall bepaid the total remunerationspecified in schedule 1.(2) An appointment, promotion ortransfer to a principal class positionshall be for a fixed period notexceeding five years. A principalclass officer whose appointmentis not renewed shall be appointedto the following classification levelfor the period specified:(a) if the remuneration of the principalclass officer is at or abovethe second classification levelspecified in schedule 1, theperson shall be appointed asan assistant principal and paidwithin the first classificationlevel as specified in schedule1, for a period of three years;(b) if the remuneration of the principalclass officer is in the firstclassification level specified inschedule 1, the person shall beappointed as a leading teacherfor a period of three years.Commencement salary on employment(3) Unless otherwise determined bythe Employer, a principal classofficer will commence employmentat the minimum remunerationas set out in schedule 1 forthe classification level that wasadvertised.Remuneration review(4) The remuneration and/or the classificationlevel of a principal classofficer will be reviewed each yearin the context of any changes tothe work value of the position andthe performance of the principalclass officer.(5) A remuneration review undersubclause (4) may result in:(a) movement to a higher remunerationwithin the principalclass officer’s current classificationlevel;(b) movement to a higher or lowerclassification level or remunerationrange; or(c) no change, provided that theclassification level cannot fallbelow the classification levelor remuneration range determinedon appointment to thatposition.(6) On movement to a higher classificationlevel within the principalclass following a review undersubclause (4), a principal classofficer’s remuneration shall be determinedin accordance with oneof the following:(a) the minimum remunerationlevel of the higher classificationlevel or remunerationrange or the principal classofficer’s current remunerationlevel, whichever is the higher;or(b) such higher rate as determinedby the Employer.(7) Provided that the remunerationdetermined in accordance withsubclauses (4), (5) or (6) cannotexceed the maximum remunerationlevel specified in schedule 1for the relevant classification level.Remuneration on transfer or promotion(8) On movement to a higher clas-46 47

sification level a principal classofficer’s remuneration shall bedetermined in accordance withone of the following:(a) the minimum remunerationlevel as set out in schedule1 of the higher classificationlevel or the principal classofficer’s current remunerationlevel whichever is the higher;or(b) such higher rate as determinedby the Employer, providedthat the remuneration determinedin accordance with thissubclause cannot exceed themaximum remuneration levelspecified in schedule 1 for therelevant classification level.(9) A principal class officer transferredto a position at a classificationlevel the same as the principalclass officer’s classification levelimmediately prior to the transfershall be paid at the same remunerationlevel provided that theremuneration determined cannotbe more than the maximum remunerationof the relevant classificationlevel as set out in schedule 1.(10) A principal class officer transferredto a position at a classificationlevel lower than the principal classofficer’s classification level immediatelyprior to the transfer shall bepaid a remuneration level determinedby the Employer. Providedthat the remuneration determinedin accordance with this subclausecannot exceed the maximum remunerationlevel specified in schedule1 for the relevant classificationlevel or remuneration range.(11) On promotion to a principal classposition an employee shall bepaid at the minimum remunerationspecified for the position inschedule 1. Provided that, whereprior to the effective date of promotion,the employee had been inreceipt of remuneration (includingany higher duties allowance) at orabove the minimum remunerationof the higher position, the remunerationon promotion shall be asset out below:Period of service at thehigher levelLess than 12 months12 months in the previous 24months24 months in the previous 48monthsRemunerationsubdivisionminimumfirst subdivisionsecond subdivisionGeneral(12) A principal class officer promoted,transferred or appointed to aposition shall be paid from theeffective date of the promotion,transfer or appointment as thecase may be. Provided that if aprincipal class officer changes hisor her time fraction, other than bypromotion, transfer or appointmentthe change in proportionateremuneration shall commencefrom the date of effect of thechanged time fraction.(13) If a principal class officer isengaged in full-time duties notconnected with the school towhich he or she is appointed, theEmployer may determine the principalclass officer’s remuneration,provided the remuneration is notless than that prescribed in his orher substantive range or level.(14) Notwithstanding subclause (1), theEmployer may determine the remunerationof any principal classofficer for whose circumstances noprovision is made.(15) A principal class officer whoconsiders his or her work to beexcessive or unreasonable, withinthe terms of this agreement, mayrefer the matter for resolution inaccordance with the grievanceprocedures in clause 11(10) toexamine the factors affecting his orher work to determine whether thework is excessive or unreasonable.Performance Assessment(16) (a) The performance of a principalclass officer will be assessedannually based on demonstratedachievement against schoolpriorities and Departmentalcriteria. Relevant data will beused.(b) The remuneration progressioncycle will be commonto all principal class officerscommencing on 1 May eachyear and concluding on 30April in the following year. Aperformance assessment willbe undertaken at the end ofeach remuneration progressioncycle.(c) A principal class officer withless than four months eligibleservice in any particularprogression cycle will notbe eligible for remunerationprogression.(17) (a) When it is considered thata principal class officer’sperformance is unsatisfactory,the unsatisfactory performanceprocedures determinedby the Employer should beimplemented. The purpose ofthe unsatisfactory performanceprocedures is to improvethe principal class officer’sperformance to the requiredstandards. It is important thata principal class officer begiven opportunity and appropriatesupport to improvehis or her performance. Theassessment of the principalclass officer must be madeagainst the standards of workand conduct expected of thatperson at their level in theschool.(b) Notwithstanding subclause(16), remuneration progressionwill be deferred duringany period that a principalclass officer is the subject ofunsatisfactory performanceprocedures.Teacher Class16 (1) The teacher class shall comprisethe following classifications:• leading teacher• classroom teacher (expert, accomplishedand graduate)(2) Leading teachers and classroomteachers shall be paid the salariesspecified in schedule 1.(3) Advancement from graduateteacher to accomplished teachershall be subject to the teachersatisfying the requirements ofan accomplished teacher. TheEmployer’s decision to advance agraduate teacher to accomplished48 49

Commencement on orbeforeteacher will be subject to theteacher demonstrating that therequirements have been met.(4) Advancement from accomplishedteacher to expert teacher shall besubject to the teacher satisfyingthe requirements of an expertteacher. The Employer’s decisionto advance an accomplishedteacher to an expert teacher willbe subject to the teacher demonstratingthat the requirementshave been met.(5) (a) Subject to subclause (5)(c),within the salary ranges statedin schedule 1, salary progressionshall be from the appropriateminimum, throughthe subdivisional range, to themaximum subdivision of thatrange.(b) Salary progression is notautomatic and will be basedon achievement against criteriadetermined by the Employerappropriate to each classificationlevel. Relevant data will beused.(c) The salary progression cyclewill be common to all teacherscommencing on 1 Mayeach year and concluding on30 April in the following year.A performance review will beundertaken at the end of eachsalary progression cycle.(d) Notwithstanding subclause (f),a teacher with less than fourmonths eligible service in anyparticular progression cyclewill not be eligible for salaryprogression.(e) A graduate teacher who commencesemployment at subdivisionG-1 prior to 1 May inany year shall be paid a lumpsum on progression to G-2 inthe following year as set outbelow:Lump sum payment2009 2010 20111 January $0 $0 $01 February $375 $385 $3951 March $250 $257 $2641 April $125 $128 $132(f) Where the requirements forsalary progression are not met,salary progression will not occurfor that progression cycleprovided that the teacher hasbeen:(i) notified in writing of:• the standards of performancethat are expected;• the areas of the teacher’sperformance that donot meet the requiredstandards;• the consequences of continuedor repeated failureto meet these standards;and(ii) given the opportunity toenable improvement in performanceto the requiredstandard;(g) If the notice under subclause(f)(i) is issued on or after1 February (in respect ofa teacher with six or moremonths eligible service in thatcycle) or 1 April (in respect ofa teacher with less than sixmonths eligible service in thatcycle) salary progression inthat cycle must be granted.(h) A teacher may be consideredfor accelerated salary progressionwithin their school inaccordance with proceduresdetermined by the Employer.(6) An appointment, promotion ortransfer to a leading teacher positionshall be for a fixed period notexceeding 5 years. At the expirationof the term of the positiona teacher shall become an expertteacher within the school at salarysubdivision E-4 level unless:(a) his or her tenure as a leadingteacher is renewed; or(b) he or she obtains a transfer orpromotion to another position.(7) (a) When it is considered thata teacher’s performance isunsatisfactory, the unsatisfactoryperformance proceduresdetermined by the Employershould be implemented. Thepurpose of the unsatisfactoryperformance procedures is toimprove the teacher’s performanceto the required standards.It is important that a teacherbe given opportunity and appropriatesupport to improvehis or her performance. The assessmentof the teacher mustbe made against the standardsof work and conduct expectedof that person at their level inthe school.(b) Notwithstanding subclause(5) salary progression will bedeferred during any periodthat a teacher is the subjectof unsatisfactory performanceprocedures.Commencement salary on employment(8) For the purposes of this clause“approved teaching experience”means completed years of fulltime or equivalent full time teachingexperience approved by theEmployer and gained subsequentto completion of an approvedcourse of teacher training.(9) Unless otherwise determined bythe Employer, a leading teacherwill commence employment at theminimum leading teacher salarylevel specified in schedule 1.(10) The commencing salary on employmentas a classroom teachershall be determined in accordancewith subclause (a), (b) or (c),whichever results in the highercommencing salary as follows:(a) subdivision G-1 as stated inschedule 1, provided that:(i) the commencing salary of ateacher commencing in anaccomplished teacher positionwill be subdivision A-1as stated in schedule 1;(ii) the commencing salary ofa teacher commencing inan expert teacher positionwill be subdivision E-1 asstated in schedule 1;(b) the current equivalent of thesalary subdivision as statedin schedule 1 received bythe teacher on the last dayof his or her most recentemployment as a teacher inthe Teaching Service. Providedthat where the salaryin the former employmentin the Teaching Service wasdetermined incorrectly or is50 51

inconsistent with normal salaryprogression for a classroomteacher, the teacher’scommencing salary will bedetermined in accordance withsubclause (c); or(c) salary subdivision G-1 plusa salary subdivision for eachyear of approved teachingexperience up to a maximumof subdivision E-3.(11) Notwithstanding subclauses (9) or(10), the Employer may determinethat a teacher shall commenceat a subdivision other than theminimum.(12) The commencing salary determinedin accordance with subclause(11) cannot be less thanthe salary determined undersubclauses (9) or (10), and cannotexceed the maximum salary specifiedin schedule 1 for the relevantclassification of teacher.Salary on Promotion or Transfer(13) On promotion a teacher shall bepaid at the minimum salary specifiedfor the position in schedule1. Provided that, where prior tothe effective date of promotion,the teacher had been in receipt ofsalary (including any higher dutiesallowance) at or above the minimumsalary of the higher position,the salary on promotion shall beas set out below:Period of service at the higher levelLess than 12 monthsSalary subdivisionminimum12 months in the previous 24 months first subdivision24 months in the previous 48 months second subdivision(14) On transfer a teacher shall bepaid at his or her current salarysubdivision or the minimum commencingsalary of the salary rangeof the position whichever is thehigher. Provided that:(a) the salary of a teacher whosesalary has been acceleratedin accordance with subclause(5)(h) shall be the salary subdivisionthat would have appliedhad acceleration not beenapproved;(b) the salary of a leading teachertransferred to a position ata lower classification levelshall be the salary subdivisiondetermined as if all of theleading teacher’s service at orabove that lower classificationlevel had been at that lowersalary classification level.(15) The salary determined in accordancewith subclause (13) or (14)cannot exceed the maximum salaryof the position.General(16) A teacher promoted, transferredor appointed to a position shall bepaid from the effective date of thepromotion, transfer or appointmentas the case may be. Providedthat if a teacher changes his or hertime fraction, other than by promotion,transfer or appointment thechange in proportionate salaryshall commence from the date ofeffect of the changed time fraction.(17) The Employer may determine thesalary and/or salary range of anyteacher for whose circumstancesno provision is made.Paraprofessional Class17 (1) The paraprofessional class shallcomprise the following classifications:• Level 4• Level 3• Level 2• Level 1(2) Paraprofessionals shall be paid thesalaries specified in schedule 1.(3) (a) Subject to subclause (c), withinthe salary ranges stated inschedule 1, salary progressionshall be from the appropriateminimum, through the subdivisionalrange, to the maximumsubdivision of that range.(b) Salary progression is notautomatic and will be basedon achievement against criteriadetermined by the Employerappropriate to each classificationlevel. Relevant data will beused.(c) The salary progression cyclewill be common to all paraprofessionalscommencing on 1May each year and concludingon 30 April in the followingyear. A performance review willbe undertaken at the end ofeach salary progression cycle.(d) Notwithstanding subclause (e),a paraprofessional with lessthan four months eligible servicein any particular progressioncycle will not be eligiblefor salary progression.(e) Where the requirements forsalary progression are not metsalary progression will not occurfor that progression cycleprovided that the paraprofessionalhas been:(i) notified in writing of:• the standards of performancethat are expected;• the areas of the paraprofessional’sperformancethat do not meet therequired standards;• the consequences of continuedor repeated failureto meet these standards;and(ii) given the opportunity toenable improvement in performanceto the requiredstandard.(f) If the notice under subclause(e)(i) is issued on or after 1February (in respect of a paraprofessionalwith six or moremonths eligible service in thatcycle) or 1 April (in respectof a paraprofessional withless than six months eligibleservice in that cycle) salaryprogression in that cycle mustbe granted.(g) A paraprofessional may beconsidered for acceleratedsalary progression within theirschool in accordance withprocedures determined by theEmployer.(4) (a) When it is considered that aparaprofessional’s performanceis unsatisfactory, theunsatisfactory performanceprocedures determined by theEmployer should be implemented.The purpose of theunsatisfactory performanceprocedures is to improve theparaprofessional’s perform-52 53

ance to the required standards.It is important that a paraprofessionalbe given opportunityand appropriate support toimprove his or her performance.The assessment of theparaprofessional must bemade against the standards ofwork and conduct expected ofthat person at their level in theschool.(b) Notwithstanding subclause (3)salary progression will be deferredduring any period that aparaprofessional is the subjectof unsatisfactory performanceprocedures.Commencement salary on employment(5) (a) Unless otherwise determinedby the Employer, a paraprofessionalwill commence employmentat the minimum paraprofessionalsalary level specifiedin schedule 1.(b) Notwithstanding subclause (a),the Employer may determinethat a paraprofessional shallcommence at a subdivisionother than the minimum.(c) The commencing salary determinedin accordance withsubclause (b) cannot be lessthan the salary determinedunder subclause (a), andcannot exceed the maximumsalary specified in schedule 1for the relevant classificationof paraprofessional.Salary on Promotion or Transfer(6) On promotion a paraprofessionalshall be paid at the minimumsalary specified for the position inschedule 1. Provided that, whereprior to the effective date of promotion,the paraprofessional hadbeen in receipt of salary (includingany higher duties allowance) at orabove the minimum salary of thehigher position, the salary on promotionshall be as set out below:Period of service at the higher levelLess than 12 monthsSalary subdivisionminimum12 months in the previous 24 months first subdivision24 months in the previous 48 months second subdivision(7) On transfer a paraprofessionalshall be paid at his or her currentsalary subdivision provided that:(a) the salary of a paraprofessionalwhose salary has beenaccelerated in accordance withsubclause (3)(g) shall be thesalary subdivision that wouldhave applied had accelerationnot been approved.(b) the salary of a paraprofessionaltransferred to a positionat a lower classification levelshall be the salary subdivisiondetermined as if all of theparaprofessional’s service at orabove that lower classificationlevel had been at that lowersalary classification level.(8) The salary determined in accordancewith subclause (6) or (7) cannotexceed the maximum salary ofthe position.General(9) A paraprofessional promoted,transferred or appointed to aposition shall be paid from theeffective date of the promotion,transfer or appointment as thecase may be. Provided that if aparaprofessional changes his orher time fraction, other than bypromotion, transfer or appointmentthe change in proportionatesalary shall commence from thedate of effect of the changed timefraction.(10) The Employer may determine thesalary of any paraprofessional forwhose circumstances no provisionis made.Salary packaging18 (1) An employee may enter into asalary packaging arrangement inrespect of a range of salary packagedbenefits including:(a) superannuation;(b) a novated lease on a motorvehicle;(c) payment of medical benefitsinsurance to a fund nominatedby the employee;(d) mobile telephones;(e) note book and lap top computers;(f) membership fees and subscriptionsto professional associations;(g) home office expenses;(h) financial counselling fees;(i) disability/income protectioninsurance premiums; and(j) self education expenses.(2) All costs associated with salarypackaging, including administrativecosts and any additional taxassociated with the employmentbenefit, are to be met from the salaryof the participating employee.AllowancesSpecial payment19 (1) A special payment may be paid toa teacher:(a) for undertaking a task that isadditional to the responsibilitiesthat can be required of ateacher at their respective classificationlevel and salary range(b) as an attraction and/or retentionincentive(c) for recognition of outstandingperformance(d) any other purpose determinedby the Employer.(2) The minimum annual amount ofspecial payments shall be $500.The special payment may be paidfortnightly or as a lump sum if theprincipal, as the Employer’s representative,and the teacher agree.(3) A teacher, who is in receipt of aspecial payment under subclause19(1)a) on a fortnightly basis andwho is absent on personal leavewith pay, shall continue to receivethe special payment during theperiod of personal leave for upto one month or the expiration ofthe special payment, whichever isthe earlier.(4) A teacher who has been in receiptof a special payment on afortnightly basis for a continuousperiod of 12 months immediatelyprior to the commencement ofpaid leave (including personalleave) and would have continuedto receive the special payment butfor his or her absence on leave,shall continue to be paid the specialpayment during the period ofpaid leave.54 55

Salary loading allowance(5) (i) Subject to subclause (iii), anemployee is entitled to bepaid, on a date determined bythe Employer, a salary loadingallowance each year equivalentto 17.5 per cent of four weeksof the total salary to which heor she is normally entitled asat 1 December of the year inwhich the allowance is paid or$935 in 2008, $961 in 2009,$987 in 2010 and $1,014 in2011, whichever is the lesser.(ii) Employees with part time serviceduring the relevant yearwill be paid the salary loadingallowance based on the timefraction for which service wasthe longest in aggregate withinthe twelve months precedingthe date determined undersubclause (i).(iii) An employee with less than acomplete year of service willbe paid a pro rata salary loadingallowance based on theaggregate of the employee’sservice over the twelvemonths preceding the datedetermined undersubclause (i).(iv) No payment shall be made inrespect of service prior to cessationof employment exceptwhere an employee dies orretires on account of age orill-health.(v) For the purposes of subclause(iv) an employee is deemed toretire:- on account of age - if onor after attaining the ageof 55 years he or sheceases to be employed;- on account of ill health— if he or she produces tothe Secretary satisfactoryevidence that his or herceasing to be employed isdue to ill health which islikely to be permanent.Staffing20 (1) (a) Schools must have the capacityto select the best availablestaff to meet the educationalneeds of students and thatongoing employment opportunitiesin Victorian Governmentschools are maximised.Local selection arrangementsprovide the most effective wayof matching the talents andcareer aspirations of staff withthe specific needs of individualschools.(b) Employees may be employedfull-time or part-time on eitheran ongoing, fixed term orcasual basis.Modes of employment(2) (a) The standard mode of employmentin the Teaching Service isongoing. However some fixedterm or casual employmentwill continue to be necessary.In order to maximise employmentopportunities, advertisedvacancies are open to qualifiedapplicants both within (fixedterm or ongoing) and externalto the Teaching Service.(b) Except as set out in thisagreement, the local selectionarrangements determined bythe Employer will apply. Selectionfor advertised positionswill continue to be determinedsolely on the basis of meritassessed in relation to the selectioncriteria of the position,provided that employees withpriority status will be consideredin isolation from and notin competition with other applicantson the basis of theirsuitability for the position.(c) Notwithstanding subclause (b):(i) Arrangements may berequired that enable themovement of staff includingstaff rotation.(ii) A person employed inresponse to an advertisedfixed term vacancy may beoffered one further periodof fixed term employment,without advertisement ofthe position, provided theposition continues to satisfythe criteria set out insubclause (d). The furtherperiod of fixed term offeredunder this subclausecannot be for a longerperiod than the period setout in the original advertisedvacancy.(d) Without limiting the generalityof the following, teachers willbe employed ongoing except:(i) when a teacher is employedfor a fixed period oftime to replace a teacherwho is absent on leaveof twelve months or less,other than family leave;(ii) when a teacher is employedfor a fixed period of timeto replace a teacher whois absent on family leaveprovided that the teacherwill be employed until theteacher she or he is replacingreturns to duty. Providedthat, where the teacherabsent on family leavedoes not return to dutyat the school, the teacheremployed to replace theteacher absent on familyleave will be offered ongoingemployment subject toa probationary period ofup to twelve months;(iii) when the principal, as theEmployer’s representative,has good reason to believethat, should a teacher notbe employed fixed term,an excess staff situationwill arise. This may includepredicted enrolmentdecline determined by theenrolment predictions ofthe Employer;(iv) when a teacher is employedfor a fixed periodof time to undertake aspecific project for whichfunding has been madeavailable for a specifiedperiod of time providedthat the vacancy is to beadvertised for the durationof that funding;(v) where a fully qualifiedteacher is not available anda less than fully qualifiedteacher is employed fora fixed period of time,56 57

provided that such employmentcannot exceed fiveyears;(vi) any other reason consideredappropriate by theEmployer.(e) In notifying vacancies the Employerwill identify the reasonfor each fixed term vacancyand implement, during the lifeof this agreement, proactiveprocesses to ensure that fixedterm vacancies satisfy the criteriaset out in subclause (d).(f) For the purposes of subclause(g) an “eligible teacher”means a fixed term teacheremployed continuously forlonger than 12 months:(i) in response to a vacancyadvertised for longer than12 months,(ii) in response to vacanciesadvertised for 12 monthsor less resulting in twoor more fixed periods ofemployment; or(iii) in response to an advertisedfamily leave vacancy inthe second or subsequentyear of that replacement.(g) The Employer should offer ongoingemployment to any eligibleteacher where a suitableongoing position becomesavailable in the school, subjectto a probationary period as setout in subclause (4).Management of employees with prioritystatus(3) (a) All reasonable efforts mustbe made to place teacherswith priority status in suitablealternative positions.(b) Except as set out in thisagreement, the arrangementsdetermined by the Employerfor the management of excessteachers will apply. Where it isunlikely that an excess teacherwill be redeployed to a suitableposition, other action, includingretrenchment, may be considered.The general expectationis that retrenchment will notbe considered unless redeploymentand retraining opportunitieshave been explored for aperiod of longer than twelvemonths from the date theteacher was declared excess.(c) A teacher approved by theEmployer for transfer oncompassionate grounds maybe referred to any advertisedvacancies and will be consideredin isolation from and notin competition with other applicantsin accordance with theselection arrangements set outfor excess employees. Providedthat, in normal circumstances,an excess teacher will beconsidered ahead of teachersapproved under this subclause.(d) A person who is a disabilityretirement benefits pensionerwho is fit to return to workand approved by the Employerto be a teacher with prioritystatus will be consideredin isolation from and not incompetition with other applicantsin accordance with theselection arrangements set outfor excess employees. Providedthat, in normal circumstances,an excess teacher will beconsidered ahead of personsapproved under this subclause.(e) Notwithstanding subclauses(a) to (d), the Employer mayexempt any vacancy from therequirement to consider teacherswith priority status aheadof other applicants.Probation(4) (a) Except where the Employerotherwise determines eithergenerally or in a particularcase the employment of aperson on an ongoing basisis subject to a probationaryperiod for such period (not exceedingtwelve months) as theEmployer determines whethergenerally or in any particularcase or class of cases.(b) A person employed on probationwill remain a probationeruntil the employment is confirmedor annulled in accordancewith this clause.(c) The Employer may annul theemployment of a person atany time while on probation.(d) At the expiration of the periodof probation the Employer willeither(i) confirm the employment;(ii) annul the employment; or(iii) extend the probation for afurther period (not exceedingtwelve months).(e) Where the Employer extendsthe probation for a further periodthe Employer may confirmor annul the employment atany time during that furtherperiod and if the employmenthas not been confirmed or annulledbefore the expiration ofthat period the Employer willas soon as practicable confirmor annul the employment.(f) Where any employment isannulled the annulment willtake effect from such date asis determined by the Employerprovided that the date ofannulment cannot be retrospectiveand the employeeis provided with any periodof notice required under theWorkplace Relations Act 1996.(g) An employee on probation iseligible for salary progressionsubject to the requirements setout in clauses 15(16), 16(5)and 17(3).Teacher work21 (1) The parties are committed to ensuringthat all students experiencehigh quality teaching and thatthey are supported to becomeeffective learners. It is importantthat students are provided withthe highest quality learning conditionsand that teachers have everyopportunity to deliver qualityeducation. The roles and responsibilitiesthat can be required ofteachers at their respective levelsare set out in schedule 2.(2) Class size, preparation and highquality content, correction andassessment are major factors impactingon improving instructionalpractice. Teachers should havethe opportunity to perform all oftheir duties within a reasonable58 59

timeframe and have fair and reasonableconditions and studentsshould have ready access to theirteachers. In this context, the workallocated to a teacher should, asfar as practicable, provide for anequitable distribution of workacross all teachers in the school.(3) Teaching and learning is a complexprocess. Numerous factors contributeto this process including:(a) face-to-face teaching;(b) preparation, correction, assessment,meetings, studentsupervision, reporting andorganisational duties;(c) class size, curriculum mix,range of ability and age ofstudents, resources availableand facilities;(d) school camps, concerts, excursionsand after school sport.(4) (a) It is recognised that the allocationof teacher work is managedby the principal, as theEmployer’s representative, atthe school level in accordancewith this agreement.(b) A teacher cannot be requiredto undertake face-to-faceteaching that exceeds:(i) 20 hours per week for asecondary school teacheror 18 hours 40 minutesper week if a teacher supervisessporting activitiesof students on a structuredbasis for a period of twohours per week.(ii) 22 hours 30 minutes perweek for a primary teacher.(iii) the pro-rata of subclauses(b)(i) to (ii) for a teacherin a P-12 school havingregard to the proportionof teaching performedin years P-6 and 7-12respectively.(c) the provisions of subclause(4)(b) operate to the exclusionof any other provisions regulatingface-to-face teaching.(5) Within the limits set out insubclause (4)(b), the actual faceto-faceteaching hours requiredof teachers in a school shall beagreed using the consultation provisionsof this agreement. Whereagreement is not reached the allocationof the face-to-face requirementsof a teacher should providethe opportunity for the teacher toperform all of her or his requiredduties within a reasonable timeframewithin the following limits:(a) In primary schools, the allocationof the face-to-facerequirements of a teachermust not exceed the limits setout in subclause (4)(b).(b) In secondary schools, theallocation of the face-to-facerequirements cannot exceedan index of 480 (calculatedby multiplying the teacher’sactual face-to-face hours perweek, inclusive of extras, bythe number of students ineach class) or limits set out insubclause (4)(b). Time allowancesshall be included in theindex (calculated by multiplyingthe actual time allowancehours per week by the averagenumber of students in all ofthe teacher’s classes).(c) Where the allocation of theface-to-face teaching hours ofa teacher is determined undersubclauses (a) or (b) the formulain subclause (7)(c) doesnot apply.(d) Notwithstanding subclauses(5) and (8), the work of teacherlibrarians, MARC/MACCteachers, visiting teachers,instrumental music teachersmay be varied at the schoollevel through the consultativeprocess with the agreement ofthe teacher(s) to meet the particularcircumstances of thatschool or network of schools.(6) (a) The primary focus of thegraduate teacher is onfurther developing skills andcompetencies needed tobecome an effective classroompractitioner. It is recognisedthat ongoing support and developmentof graduate teachersis critical for the teachersthemselves, the schools inwhich they teach, the communitiesin which they playa significant role, and for thestudents whose futures theyshape.(b) To this end, the work allocatedto a graduate teacherin their first 12 months ofteaching should recognisethe need for the graduateteacher to perform all of heror his required duties within areasonable timeframe and toparticipate in the necessaryinduction and developmentactivities designed to assistgraduate teachers in theirfirst 12 months. Accordingly,within the resources availableto the school, the scheduledduties of a graduate teachershould be reduced by at least5% over the school weekconsistent with the allocationof duties at the school leveldetermined in accordance withsubclauses (5) and (8). If ateacher is requested to act asmentor for a graduate teacherthe principal, as the Employer’srepresentative, should ensurethat this role can be undertakenhaving regard to the totalwork required of that teacherover the 38 hour week.(7) Unless otherwise agreed at theschool level in accordance withthe consultative provisions of thisagreement:(a) replacement or reorganisedclasses of equivalent timeperiod, which shall not countas an extra, may be assignedto a teacher who loses normalclasses for any reason. Suchclasses may only be assignedwithin the day normal classesare lost.In November and Decemberof each year as classes aredismissed, teachers may beallocated replacement classesup to 80% of their timetabledallotment.(b) Extras shall be consideredwithin the face-to-face teachingmaximum as determined insubclause (4)(b) above. Extrasshould be allocated in an60 61

equitable manner, and in thecontext of total workload ofthe teacher.(c) Subject to subclause (b), unlessotherwise agreed at theschool level, the maximumallocation of replacementclasses (extras) to a teachershall be calculated by theformula:(23 less the number of face-to-face teaching periods pw) x 422(8) In addition to face-to-face teaching,teachers may be required toundertake a range of other dutiesconsistent with their classificationlevel. In the distribution of otherduties, the following factors are tobe taken into account:(a) as far as practicable, theequitable distribution of otherduties within the school;(b) the relative importance of thevarious duties to be undertaken;(c) the time required to performthe duty;(d) the range and frequency oftasks to be performed;(e) the classification, qualifications,training and experienceof the teacher; and(f) the preparation and correctionrequirements.(9) Where a teacher is required totravel between schools, campusesor annexes on any one day, a timeallowance commensurate with thetime taken to travel and associatedlogistical requirements shall be includedin the determination of theteacher’s total work requirements.(10) A teacher, who considers hisor her work to be excessive orunreasonable within the terms ofthis agreement, may refer the matterfor resolution in accordancewith the grievance proceduresin clause 11(10) to examine thefactors affecting his or her workto determine whether the work isexcessive or unreasonable.Allocation of organisational duties(11) (a) In addition to face-to-faceteaching, teachers may berequired to undertake a rangeof other duties consistentwith their classification level.These other duties may includeorganisational duties.(b) The principal, as the Employer’srepresentative, has responsibilityfor determining the organisationalduties necessaryfor the efficient running of theschool and the time release(if any) and special payment(if any) applicable for eachorganisational duty. Where itis determined that an organisationalduty should attract aspecial payment the amountof the special payment maybe set at different amountsdepending on the classificationlevel and range of the teacherundertaking that duty.(c) Once this is determined,teaching staff should be providedwith the opportunity toexpress interest in one or moreof the organisational duties.(d) The principal, as the Employer’srepresentative, hasresponsibility for identifyingthe most suitable applicant foreach organisational duty usingthe Employer’s merit-basedselection process taking intoaccount the requirements ofthe organisational duty andthe qualifications and experienceof each applicant.(e) The principal, as the Employer’srepresentative, will determinethe successful applicantfor each organisational dutyhaving regard to the outcomeof the merit-based selectionprocess and will offer theorganisational duty to that applicant.(f) A successful applicant maydecline the offer made undersubclause (e).(g) Should any organisational dutyremain unfilled following theprocess set out in subclauses(a) to (f) the principal, as theEmployer’s representative,can allocate that duty to anyteacher (including a teacherwho has declined an offerunder subclause (f)) providedthe duty is consistent withthe roles and responsibilitiesthat can be required of thatteacher.Attendance22 (1) Ordinary hours of duty for fulltimeemployees are 76 hours afortnight.(2) (a) Unless otherwise agreedbetween the principal, as theEmployer’s representative, anda teacher, a teacher shall be inattendance for a minimum ofseven hours daily commencingno less than ten minutesbefore the morning pupilinstructional session.(b) Unless otherwise agreed in accordancewith the consultativeprovisions of this agreement, aschedule of meetings shall bedrawn up for the school year,using the consultative provisionsof this agreement, whichmay require teachers to attendmeetings of up to two hoursper week in addition to theattendance requirements setout in subclause (a), providedthat where the meeting is astaff meeting it will be heldadjacent to the normal schoolday and normally will be nolonger than one hour.(c) A teacher may be required tocarry out other duties for up toone hour in addition to the attendancerequirements set outin subclauses (a) and (b) abovesubject to prior consultationand mutual agreement as tothe time, date and type of dutiesto be undertaken.(3) (a) Where attendance at a parentteacherreport meeting resultsin a teacher’s attendance inthat week exceeding 38 hours,that teacher will be grantedtime-in-lieu for the hours inexcess of 38. Time-in-lieu maybe granted in that week or anyother week of the school yearand is to be granted at a timethat causes least disruption tothe educational program ofthat school.(b) (i) Subject to subclauses (ii)62 63

and (iii), where a teacherhas not been granted timein-lieuthat has accruedunder subclause (a) by 1December in a year, thatteacher may vary his or herattendance time on anyschool day prior to the endof that school year equivalentto the time owed.(ii) Variation of a teacher’s attendanceunder subclause(i) is subject to the teacherproviding the principal, asthe Employer’s representative,with not less thanthree working days notice.(iii) Where the number ofteachers seeking to varytheir attendance time onthe same day would otherwiseresult in the dismissalof students on that day,the principal, as the Employer’srepresentative, isresponsible for determiningthe timing of the absencesto avoid the dismissal ofstudents.(4) Within the daily hours of attendance,teachers are entitled to alunch period of not less than thirtyminutes free from assigned duties.Part-Time Employment(5) An employee employed part-timeis employed to work an agreednumber of regular hours less than76 hours a fortnight.(6) The time fraction of an employeeemployed part-time shall be fixedand constant over a normal fortnightlyperiod.(7) An employee employed parttime and the principal, as theEmployer’s representative, shallconsult regarding the days andtimes of attendance, includingany arrangements regardingattendance at parent-teachermeetings on days other than normaldays of attendance.(8) With the exception of arrangementsagreed under subclause (7):(a) a teacher who works 0.4 to0.6 time fraction cannot berequired to attend for dutyon more than three days perweek;(b) a teacher who works 0.7 to0.8 time fraction cannot berequired to attend for duty onmore than four days per week.(9) With the exception of an employeeemployed on a casual basis, allprovisions of this agreement, otherthan reimbursement of expenses,shall apply on a pro rata basis toemployees employed part time.Release to attend interview(10) (a) An employee is entitled tobe released from duty for theperiod required to attend aninterview for an advertisedposition in a Victorian governmentschool.(b) The principal of the schoolthat has the vacancy and theemployee will take all reasonablesteps to ensure the timingof any release under subclause(a) occurs at a time that avoidsor minimises the need to providea replacement employeeduring the period of release.(c) Any release under subclause(a) shall be regarded as au-thorised duty for the purposesof clause 25(1) (reimbursementof expenses).Class size23 (1) The principal, as the Employer’srepresentative, shall use theconsultation provisions of thisagreement when considering theclass sizes in a school.(2) It is recognised that there arevaried forms of teaching arrangements(including practicalclasses, team teaching and lecturetutorials) and different structuraloptions, (including P-12 arrangements,senior school arrangementsand senior campuses) that optimisestudent learning opportunities.In addition, the organisationof teaching should provide andmaintain, so far as is practicable, aworking environment that is safeand without risks to health.(3) In this context, and within thefixed resources provided toschools and the physical facilitiesschedule, class size should beplanned on the minimum possiblesubject to clause 11(6). Providedthat class sizes should be plannedgenerally on the following basis:(a) P to 6 - an average of 26provided that the averageclass size of 21 at P-2 ismaintained;(b) 7 to 12 – groups of up to 25students.Practical class sizes(4) (a) Schools are required to provideand maintain, so far as ispracticable, a working environmentthat is safe and withoutrisks to health.(b) Schools should plan for theminimum practical classsizes possible given availableresources. Practical class sizesshould be determined havingregard to the nature of theactivities, the nature of theequipment used, the maturityand competence of the studentsand the capabilities ofthe teacher to provide expertsupervision.(c) A practical class includes asubject or course where theuse of equipment and/or materialof a potentially dangerousnature is involved and/ora class in which studentsare undertaking manual orother tasks requiring greaterindividual supervision of theclassroom activity.ESL classes(5) Schools should plan for theminimum ESL class sizes possiblegiven available resources, theeducational needs of the studentsand the total teaching program.Leave24 For the purposes of this clause:• “certificate in lieu” means a certificateissued by a person registered topractice as a dentist, physiotherapist,chiropractor, osteopath, optometrist;psychologist or other health professionalapproved by the Employer;• “immediate family” includes spouseor a former spouse of the employeeand child or an adult child (includingan adopted child, a step child or anex-nuptial child), parent, grandparent,64 65

grandchild or sibling of the employeeor spouse of the employee;• “medical certificate” means a certificatefrom a duly qualified medicalpractitioner;• “required document” means a medicalcertificate or a certificate in lieu or,if it is not reasonably practical for anemployee to provide a medical certificateor a certificate in lieu, a statutorydeclaration;• “service” means service approved bythe Employer;• Unless otherwise specified, the entitlementsof this clause apply on apro-rata basis in respect of part-timeservice;• Any leave granted to an employeedoes not extend beyond the date thatperson’s employment would otherwisehave ceased.Annual Leave(1) An employee is entitled to 152hours (20 days for a full timeemployee) annual leave in respectof each calendar year of serviceaccrued at the rate of one twelfthof the annual entitlement for eachcompleted month of service.(2) Employees shall take annual leaveat such times as the Employer determinesprovided that the wishesof the employee concerned shallbe taken into consideration as faras practicable.Personal Leave(3) Personal leave may be accessed inthe event an employee is absent:(a) due to personal illness orinjury; or(b) for the purposes of caring foran immediate family or householdmember who is sick andrequires the employee’s careand support or who requirescare due to an unexpectedemergency.(4) An employee will be credited with114 hours (15 days for a full timeemployee) personal leave on fullpay on commencement of employmentand 114 hours (15 daysfor a full time employee) personalleave on full pay for each year ofservice thereafter which shall becumulative. Provided that:(a) in the first year of employmentan employee, who exhausts hisor her personal leave credits,may access personal leavecredits which would later accrueup to a maximum of 114hours (15 days for a full timeemployee);(b) an employee employed for oneor more fixed periods shallnot accrue more than 114hours (15 days for a full timeemployee) personal leave inany year.(5) (a) An employee may use personalleave credits to make up thedifference between paymentsmade by the Transport AccidentCommission and his orher full pay.(b) Subject to subclause (17)(k),an employee shall not beentitled to personal leave forpersonal illness or injury onaccount only of being pregnantbut nothing in this clauseshall prevent such an employeebeing entitled to personalleave for an illness resultingfrom pregnancy or childbirth.(6) The amount of personal leave tocare for an immediate family orhousehold member which maybe granted in any one year, withor without pay, shall not exceedten days. In any year where anemployee has exhausted his orher personal leave credits, theemployee shall be granted furtherpersonal leave to care for an immediatefamily or household memberwith pay up to a maximum of22.8 hours (three days for a fulltime employee).(7) (a) Applications for personalleave must be supported by arequired document.(b) A required document inrespect of personal leave forinjury or illness must state thatthe employee is unfit for dutyfor the period of leave.(c) A required document inrespect of personal leave forcarer’s purposes must statethat the immediate family orhousehold member requiringcare and support is sufferingfrom an illness which requirescare by another.(8) Notwithstanding subclause (7) andunless otherwise approved by theEmployer:(a) up to 38 hours (five days fora full time employee) personalleave in aggregate may begranted in any one year withoutproduction of a requireddocument subject to anyone continuous absence notexceeding three days;(b) certificates in lieu will not beaccepted for more than an aggregateof 38 hours (five daysfor a full time employee) in anyone year;(c) notwithstanding subclause (a),the Employer may require anapplication for personal leaveto be supported by a requireddocument where:(i) the absence occurs immediatelybefore or after aschool vacation period or apublic holiday;(ii) the Employer has occasionto doubt the authenticityof an illness or injury orthe reason for absence.(9) Where personal leave is grantedwithout the production of a requireddocument in circumstancesnot covered by this clause suchleave shall be without pay unlessotherwise approved by the Employer.(10) (a) Subject to subclauses (7)and (8), a casual employee isentitled to not be available toattend work, or to leave work:(i) if they need to care formembers of their immediatefamily or householdwho are sick and requirecare and support, or whorequire care due to anunexpected emergency, orthe birth of a child; or(ii) upon the death in Australiaof an immediate family orhousehold member.(b) The Employer and the employeeshall agree on the periodfor which the employee will beentitled to not be available toattend work. In the absence66 67

of agreement, the employeeis entitled to not be availableto attend work for up to 48hours (ie two days) per occasion.The casual employee isnot entitled to any payment forthe period of non-attendance.(c) The Employer must not failto re-engage a casual employeebecause the employeeaccessed the entitlementsprovided for in this subclause.The rights of an Employer toengage or not to engage acasual employee are otherwisenot affected.(11) (a) Where the Employer reasonablybelieves that an employee’sstate of health maymake him or her a danger toother employees or persons atthe workplace, the Employermay require the employee toabsent himself or herself fromduty on personal leave until amedical practitioner approvedby the Employer examinesthe employee and provides areport to the Employer.(b) If the medical report disclosesthat the employee is unfit forduty, the employee shall begranted such further personalleave as the medical reportindicates is necessary.(c) If the medical report disclosesthat the employee is fit for duty,the personal leave debited as aresult of a direction under thisclause shall be restored and theemployee repaid any salary orwages lost as a result of thedirection under subclause (a).War service sick leave(12) (a) For the purposes of this subclause;(i) “accepted war-causeddisability” means acceptedby the Department ofVeterans Affairs as being awar caused disability;(ii) “served in the war” unlessthe context otherwise indicatesmeans service in warlikeoperations in Vietnamafter 31 July 1962.(b) An employee who served inthe war and who has an acceptedwar-caused disability,shall, apart from any personalleave which may be standingto his or her credit, be creditedwith 114 hours (15 days fora full time employee) warservice sick leave in respect ofeach year of service from andinclusive of 1 August 1962 upto a maximum credit of 760hours (100 days for a full timeemployee).(c) Where the Employer is satisfiedthat the illness of anemployee with at least sixmonths’ service is directlyrelated to, or is aggravatedby, an accepted war-causeddisability that employee shallbe granted war service sickleave to the extent credited inaccordance with subclause (b).Accident compensation leave(13) (a) If an employee sustains personalinjury arising out of or inthe course of, the employee’semployment in circumstanceswhich under the AccidentCompensation Act 1985 (Vic)requires the Employer to notifythe Accident CompensationCommission of such injury,and the Employer or Commissionadmits liability to makeweekly payments for injuryor the Accident CompensationCommission or Tribunalorders that weekly paymentsbe made, such employee shall,apart from any personal leavewhich may be standing to hisor her credit, be granted leaveon full pay, less the amountpaid by way of weekly compensationunder the AccidentCompensation Act 1985 (Vic)during the incapacity.(b) Except where the Employerapproves, no leave shall begranted under this clausewhich is:(i) in excess of a continuousperiod of 52 weeksinclusive of any other leavewhich may be granted withpay; or(ii) in excess of an aggregateof 52 weeks in respectof a particular injury orincapacity.(c) An employee shall not beentitled to personal leave withpay during any period he orshe is in receipt of weeklycompensation payments underthe Accident CompensationAct 1985 (Vic).Infectious Diseases(14) (a) Where a medical practitionerapproved by the Employercertifies that an employeehas contracted an illness as adirect result of exposure to aprescribed infectious disease(other than poliomyelitis, orpulmonary tuberculosis orinfectious hepatitis) duringthe course of the employee’sduties, the employee may begranted up to three monthsleave with full pay withoutdeduction from the employee’spersonal leave credits for theperiod the employee is unfitfor duty.(b) Where a medical practitionerapproved by the Employercertifies that an employeehas contracted poliomyelitis,pulmonary tuberculosis orinfectious hepatitis as a directresult of exposure duringthe course of the employee’sduties, the employee may begranted up to six months leavewith full pay and six monthsleave on half pay. Any leave sogranted in excess of the employee’spersonal leave creditsshall not be regarded as adebit against the employee.On resumption of duty, suchemployee shall be entitled to atotal initial sick leave credit ofnot less than 182.4 hours (24days for a full time employee).(c) If an employee’s duties exposehim or her to the risk of contractingan infectious diseaseand a medical practitionerapproved by the Employercertifies that by reason ofcontact with a person sufferingfrom an infectious disease68 69

and through the operation ofrestrictions imposed by lawin respect of such disease,an employee is unable toattend work, the employeemay be granted leave with fullpay without deduction frompersonal leave. The period ofleave granted under this subclausewill not extend beyondthe earliest date at which itwould be practicable for theemployee to return to workhaving regard to the restrictionsimposed by law.Bereavement leave(15) Leave on full pay of up to threedays may be granted to anemployee on the occasion ofthe death of a member of theemployee’s immediate family orhousehold.Leave for jury service(16) An employee who is required toappear and serve as a juror underthe Juries Act 2000 (Vic) shall beentitled to leave with pay for theperiod during which their attendanceat court is required.Absence for Parental Purposes(17) (a) An employee is entitled to beabsent from duty for up to atotal of seven years following,or in conjunction, with thebirth or adoption of one ormore children comprising oneor more of the following formsof leave:• Maternity leave• Adoption leave• Partner Leave• Family leave• Long service leave(b) Any period of long serviceleave granted during a parentalabsence will extend themaximum period of parentalabsence available under subclause(a).(c) Subject to subclause (d), a parentalabsence may commenceat any time after an employeesubmits satisfactory medicalevidence that she is pregnantor, in any other case, at anytime after the birth or adoptionof the child.(d) Unless otherwise approvedby the Employer, an employeewho is pregnant is required toabsent herself from duty forthe period:(i) six weeks before theexpected date of birth ofher child until six weeksafter the actual date of herconfinement; or(ii) six weeks from the dateof her confinement if sheis confined earlier than sixweeks before the expecteddate of birth of her child.(e) The Employer must permit anemployee to attend for dutyduring any part of the periodstated in subclause (d) providedthat:(i) the employee will be fit toperform their normal dutiesfor the relevant period(proof of which is to be bymedical certificate suppliedby the employee); and(ii) the attendance sought bythe employee is at a timeemployees ordinarily at-tend for duty.(f) A particular parental absencecannot extend beyond the seventhbirthday of the child forwhom the absence has beengranted provided that:(i) the absence may be extendedif this is necessaryto permit resumption onthe first school day of thefollowing term;(ii) the Employer may allow anemployee a further parentalabsence in the event ofany subsequent confinement.(g) Excluding adoption leaveand partner leave, only oneparental absence may be approvedfor a particular child(or children in respect of amultiple birth) which must be acontinuous absence. Providedthat where two employees areeligible to be absent underthis clause in conjunctionwith the birth or adoption ofthe same child (or children inrespect of a multiple birth):(i) each employee is entitledto a parental absence ofseven years;(ii) only one parental absencemay be taken per employeeper child;(iii) excluding adoption leaveand partner leave, bothemployees may not beabsent at the same timeand the absences must becontiguous.(h) An employee may return toduty after a parental absence:(i)(j)(i) six weeks following thebirth or placement of achild or the expiration ofmaternity leave if writtennotice of intention to returnis given to this effectprior to commencement ofthe absence; or(ii) on the first day of anyterm if written notice ofintention to return is givenby 1 November in the yearpreceding the intendeddate of return; or(iii) at such other time as theEmployer approves providedthat applications oncompassionate or hardshipgrounds will not be unreasonablyrefused.(i) An employee may requestto return to duty followinga parental absence ona part-time basis until thechild reaches school age toassist the employee in reconcilingwork and parentalresponsibilities.(ii) The Employer shall considerthe request undersubclause (i) having regardto the employee’s circumstancesand, provided therequest is genuinely basedon the employee’s parentalresponsibilities, may onlyrefuse the request on reasonablegrounds related tothe effect on the educationprogram of the school.(i) Where an employee ispregnant and, in the opinionof a registered medical70 71

practitioner, illness or risksarising out of the pregnancyor hazards connectedwith the work assigned tothe employee make it inadvisablefor the employeeto continue at her presentwork, the employee will,if the Employer deems itpracticable, be temporarilytransferred to a safe job onthe conditions attaching tothat job for such period asis certified necessary by aregistered medical practitioner.(ii) An employee temporarilytransferred to a safejob under subclause (i) isentitled to be paid not lessthan her substantive salaryimmediately prior to thetemporary transfer.(iii) If temporary transfer toa safe job is not practicable,the employee mayelect, or the Employer mayrequire the employee, toabsent herself on leave forsuch period as is certifiednecessary by a registeredmedical practitioner.(k) An employee who is pregnantmay access paid leaveto a maximum of thirty eighthours (five days for a full timeemployee), deducted from herpersonal leave entitlement,to attend routine medicalappointments associated withthat pregnancy, provided thatshe:(i) provides a medical certificatecertifying she ispregnant; and(ii) provides a medical certificatefor each appointment.(l) Notwithstanding subclause (a),where the pregnancy of anemployee terminates or resultsin a stillborn birth after morethan 20 weeks, she will beentitled to an absence of sixmonths following the termination,inclusive of any period ofmaternity leave, or such longerperiod as may be medicallycertified.Maternity leave(18) (a) In this clause “confinement”means the birth of a child, orother termination of pregnancythat occurs not earlierthan twenty weeks before theexpected date of birth of thechild, and confined has a correspondingmeaning.(b) An employee is entitled tomaternity leave with or withoutpay for a continuous period offourteen weeks commencingfrom the date the employeeabsented herself from dutyunder clause (17)(d). Wherethe pregnancy of an employeeterminates more than twentyweeks before the expecteddate of birth, she shall haveno entitlement to leave underthis subclause but may be eligiblefor personal leave underclause (5)(b)(c) An employee is eligible forpaid maternity leave if shehas had 26 or more weeksqualifying service within the52 weeks immediately precedingthe date the employeeabsented herself from dutyunder subclause (17)(d). Theperiod during which an employeeattends for duty withinthe periods specified by subclauses(17)(d)(i) and (ii) shallnot be included as part of the26 weeks qualifying service.(d) For the purposes of subclause(c) qualifying service means:(i) any duty as an employeeother than any period ofemployment on a casualbasis;(ii) any leave with pay approvedby the Employer;(iii) any leave without pay approvedby the Employer tocount as qualifying service;(iv) any other service approvedby the Employer to countas qualifying service.(e) While on maternity leave withpay an employee shall be paidat:(i) the time fraction which shewas working immediatelybefore commencing maternityleave; or(ii) the time fraction immediatelyprior to commencinglong service leave,if the employee ceaseslong service leave on halfpay immediately beforecommencing maternity orfamily leave.(f) An employee who is eligiblefor paid leave under thissubclause and subclause (13)in respect of a maternity leaveabsence shall be entitled tomaternity leave with pay inaccordance with this clauseless the amount paid by wayof weekly compensation underthe Accident CompensationAct 1985 (Vic) and shall haveno further entitlement to leaveunder subclause (13) duringthe maternity leave period.(g) An employee whose period ofpaid maternity leave expiresduring a school holiday periodshall be entitled to receive herpay for the remainder of thatvacation period provided theemployee returns to duty immediatelyafter the vacation.Leave for Adoption(19) (a) An employee who is anapproved applicant for theadoption of a child shall, onsubmitting evidence of thedate of placement of the child,be entitled to paid leave foreight weeks commencing onthe date of placement. Theconditions for granting andpayment of leave under thisclause shall be the same as arespecified in subclause (18).(b) Where no legal adoptionensues, the employee shallhave no further entitlement toadoption leave.(c) Where two employees applyfor adoption leave in respectof the placement of the samechild each employee shall beentitled to leave with pay forfour weeks commencing on thedate of placement of the child.(d) An employee whose period of72 73

paid adoption leave expiresduring a school holiday periodshall be entitled to receivehis or her pay for the remainderof that vacation periodprovided the employee returnsto duty immediately after thevacation.(e) In circumstances not coveredby the above clauses, theEmployer may grant leave toan employee under this clausewhere the employee has thedaily care and control of achild following:(i) the adoption by the employeeof a child who is arelative of the employee; or(ii) the employee becomingthe legal guardian of achild.(f) An employee who is eligiblefor paid leave under thissubclause and subclause (13)in respect of an adoptionleave absence shall be entitledto adoption leave with pay inaccordance with this clauseless the amount paid by wayof weekly compensation underthe Accident CompensationAct 1985 (Vic) and shall haveno further entitlement to leaveunder subclause (13) duringthe maternity leave period.(g) If an employee, other than acasual employee, is grantedcustody of a child under theChildren, Youth and FamiliesAct 2005 (Vic) by the Children’sCourt or the FamilyCourt, and the Employee is theprimary care giver of the child,the Employee shall be entitledto two weeks paid leave at atime agreed with the Employer.Partner leave(20) (a) An employee who submitssatisfactory evidence that heor she has accepted responsibilityfor the care of a child(or children in respect of amultiple birth) shall be grantedleave with pay, at the rate theemployee would have receivedbut for the absence on partnerleave, for up to 38 hours (fivedays in respect of a full timeemployee), to care for suchchild (or children in respectof a multiple birth) and / ormother of the child.(b) Partner leave must be takenin the period commencingone week before the expecteddate of birth of the child (orchildren in respect of a multiplebirth) and concluding sixweeks after the actual date ofconfinement.(c) An employee who is eligiblefor paid leave under thissubclause and subclause (13)in respect of a partner leaveabsence shall be entitled topartner leave with pay in accordancewith this clause lessthe amount paid by way ofweekly compensation underthe Accident CompensationAct 1985 (Vic) and shall haveno further entitlement to leaveunder subclause (13) duringthe partner leave period.(d) An employee is not eligible forpaid leave under this clause ifthat employee is also eligiblefor leave under subclauses(18) or (19) in respect of thesame child (or children inrespect of a multiple birth).Long service leave(21) (a) An employee is entitled tolong service leave in accordancewith the provisions ofsection 2.4.25 of the Educationand Training Reform Act2006 (Vic) with long serviceleave accruing at the rateof 495.6967 hours (threemonths) after ten years fulltime service and at the rateof 247.84835 hours (oneand a half months) for eachcompleted five years of servicethereafter.(b) In addition to the provisions ofsection 2.4.25 of the Educationand Training Reform Act2006 (Vic), an employee mayaccess their long service leaveentitlements on a pro-ratabasis after seven years serviceand shall be eligible to applyfor pay in lieu of the pro-rataentitlement on termination ofemployment.(c) An employee may elect toutilise some or all of their longservice leave entitlement athalf pay.(d) An employee may apply tocommute a portion of longservice leave credits to salary.Except in special circumstancessuch as financial hardship,commutation of long serviceleave credits to salary willonly be available in conjunctionwith a long service leaveabsence of 228 hours (sixweeks) or more.(e) Except where otherwisedetermined by the Employer,allowances payable under thisagreement which meet the followingcriteria shall be payableduring long service leave:(i) the allowance is of acontinuing and ongoingnature; and(ii) the employee has been inreceipt of the allowance fora continuous period of 12months immediately priorto the commencement ofthe leave; and(iii) the employee would havecontinued to receive theallowance but for his or herabsence on leave.Spouse leave(22) (a) Leave without pay from threemonths to 12 months shall begranted once every three yearsto an employee whose spouse,as a consequence of pursuinghis or her occupation, isrequired to shift residenceinterstate or overseas.(b) Leave without pay from threemonths to 12 months may begranted once every three yearsto an employee:(i) whose spouse is travellinginterstate or overseas; or(ii) whose spouse is transferredwithin Victoriawhere no employment inthe teaching service can beoffered to the employee atthe new location; or74 75

(iii) whose spouse is also anemployee and is grantedlong service leave, providedthat spouse leavemay be granted for the periodof long service leavegranted.(c) Employees granted leave undersubclauses (a) or (b) mustresume duty at the start ofthe school term following theexpiration of the spouse leave.(d) Notwithstanding subclauses(a) and (b), the Employer mayapprove such other period ofleave and may approve morethan one grant of leave in anythree year period.Sabbatical leave(23) (a) The Employer may grant anemployee sabbatical leave on80% of salary subject to theemployee agreeing to havehis/her annual salary reducedby 20% for the relevant workperiod, and the employee enteringan agreement with theEmployer covering the termsand conditions of the sabbaticalleave.(b) Unless otherwise approved bythe Employer, sabbatical leavemust be taken immediatelyfollowing the completion ofthe relevant work period duringwhich salary was reducedunder subclause (a).Public Holidays(24) (a) An employee (other than acasual employee) is entitled toholidays on the following days:(i) 1 January (New Year’sDay). Where New Year’sDay falls on a Saturday orSunday, a holiday in lieuthereof will be observedon the next Monday(ii) 26 January (Australia Day)(iii) the second Monday inMarch (Labour Day)(iv) Good Friday(v) Easter Saturday(vi) Easter Monday(vii) 25 April (ANZAC Day)(viii) the second Monday in June(Queen’s Birthday)(ix) the first Tuesday in Novemberin metropolitan municipaldistricts (MelbourneCup Day)(x) 25 December (ChristmasDay). Where Christmas Dayis a Saturday or a Sunday,a holiday in lieu thereofshall be observed on 27December(xi) 26 December (BoxingDay). Where Boxing Day isa Saturday or a Sunday, aholiday in lieu thereof shallbe observed on 28 December.(b) An employee in a non-metropolitanmunicipal district willbe entitled to a holiday (oneday) in lieu of Melbourne Cupday as follows:(i) a day as determined by anon-metropolitan municipalcouncil and published inthe Victorian GovernmentGazette; or(ii) a day agreed by the Employerand the majority ofaffected employees at theworkplace.Reimbursement of Expenses25 (1) The Employer will reimburse theemployee his or her reasonable outof pocket expenses actually andnecessarily incurred in the courseof his or her authorised duties.(2) The Employer must apply the rulingsof the Commissioner of Taxation(Australian Taxation Office)relating to reasonable allowancesin determining the maximum ratespayable, unless otherwise approvedby the Employer.(3) The amount of an expense willbe considered reasonable whereit does not exceed the relevantamounts set by the AustralianTaxation Office as adjusted fromtime to time.(4) For the purposes of this clausethe Employer will determine thework location for an employeewhose place of work is not fixedbut is variable.Allowable expenses(5) Allowable expenses include:(a) travelling, accommodation,meals and other incidentalexpenses associated with anovernight absence from homeor part day duties away fromthe normal work location; and(b) expenses incurred in using privatemobile and home phonesin accordance with subclause(6); and(c) expenses incurred in usingprivate vehicles in accordancewith subclause (7).Private phone use(6) (a) An employee, required touse his or her private mobilephone or home phone in thecourse of his or her employment,will be reimbursed forwork-related calls.(b) The employee must obtain theprior approval of the Employerbefore using his or her privatemobile or home phone duringthe course of his or her employment.(c) Following use, the employeemust submit an itemised statementof the calls made andtheir cost.Private motor vehicle use(7) (a) An employee, required touse his or her private motorvehicle in the course of hisor her employment, will bereimbursed for kilometre costsand any other motor vehiclereimbursement expensesincurred in the course of theemployee’s employment andauthorised by the Employer.(b) The employee must obtain theprior approval of the Employerbefore using his or her privatemotor vehicle during thecourse of their employment.(c) Following use, the employeemust submit a declarationstating the date, the purposeof the trip, the number of kilometrestravelled and the typeof vehicle used.(d) The rates payable in respectof motor kilometre costs willbe the rates determined by theAustralian Taxation Office fromtime to time.Removal expenses(8) An employee who relocates owingto:76 77

(a) promotion to an advertisedvacancy;(b) transfer following an officialinstruction;(c) transfer to an advertisedvacancy after having served forat least five years in the sameschool or at least four yearsin a school designated by theEmployer as remote; or(d) redeployment, as an excessteacher shall be reimbursedexpenses incurred for travel,meals, accommodation at therates specified in subclauses(1) to (3) and the cost ofremoval of household andpersonal belongings by themost direct route in respectof the employee and his/herdependants including the costof comprehensive insurancecover for those items whilst intransit, up to a maximum coverof $45,000 or such higheramount approved by the Employer.(9) Unless otherwise approved by theEmployer, an employee is not eligiblefor reimbursement of removalexpenses under subclause (8) inthe case of:(a) a transfer arising from therequest, fault, or misconductof an employee; or(b) relocation from place to placewithin Ballarat, Bendigo, Geelongor within the Melbournemetropolitan area.(10) Where more than one employee iseligible to be reimbursed removalexpenses in respect of the onerelocation, only one employeeshall be entitled to be reimbursedremoval expenses.(11) An employee promoted or transferredin circumstances providedin subclauses (8)(a), (b) or (d),other than an employee who is notentitled to be reimbursed undersubclause (9), shall be paid:(a) a re-establishment allowanceof:(i) an employee without dependants- $372.00; or(ii) an employee with dependants- $774.00provided that, where morethan one employee is eligibleto be reimbursed removal expensesin respect of the samerelocation, the total allowancepaid under this subclause shallnot exceed $774.00.(b) the reasonable cost of stampduty paid on purchase of aresidence or land for the purposeof erecting a residencefor his or her own permanentoccupation at the new locationprovided that the employee:(i) sells a residence at his orher old location;(ii) enters into occupation ofa residence at the newlocation within 15 monthsof the effective date of thepromotion or transfer; and(iii) provides satisfactory evidenceof expenditure.(c) Reimbursement under subclause(b) shall not be madewhere the employee occupiesa Government residence at thenew location.(12) An employee who owns a motorvehicle(s) that is used for transportto the new location shall bereimbursed at the appropriate rateprescribed in subclause (7).Dispute Resolution Procedures26 (1) Unless otherwise provided forin this Agreement, a dispute orgrievance about a matter arisingunder this Agreement, other thantermination of employment, mustbe dealt with in accordance withthis clause.(2) This clause does not deal with therenegotiation of any workplaceagreement.(3) A person bound by this Agreementmay choose to be representedat any stage by a representative,including a unionrepresentative or Employer’sorganisation.Obligations(4) The parties to the dispute orgrievance, and their representatives,must genuinely attempt toresolve the dispute or grievancethrough the processes set out inthis clause and must cooperate toensure that these processes arecarried out expeditiously.(5) Whilst a dispute or grievanceis being dealt with in accordancewith this clause, work mustcontinue in accordance with usualpractice, provided that this doesnot apply to an employee whohas a reasonable concern aboutan imminent risk to his or herhealth or safety, has advised theemployer of this concern and hasnot unreasonably failed to complywith a direction by the Employerto perform other available workthat is safe and appropriate forthe employee to perform.(6) No person bound by the Agreementwill be prejudiced as to thefinal settlement of the disputeor grievance by the continuanceof work in accordance with thisclause.Discussion of dispute(7) The dispute must first bediscussed by the aggrievedemployee(s) with the Employer’srepresentative at the workplace.(8) Where a dispute remains unresolved,the matter shall bedocumented and referred to theEmployer who shall consult withthe parties and endeavour toresolve the matter. The parties willbe informed of the outcome inwriting.Internal process(9) If any party to the dispute orgrievance who is bound by theAgreement refers the dispute orgrievance to an established internaldispute or grievance resolutionprocess, the matter must first bedealt with in accordance with thatprocess.(10) If the dispute or grievance is notsettled through an internal disputeor grievance resolution process,the matter can be dealt with inaccordance with the processes setout in subclauses (12) and (13) orsubclauses (14) and (15) as appropriate.(11) If the matter is not settled, theEmployer or a union bound by theAgreement and chosen as the employeerepresentative may apply78 79

to the Australian Industrial RelationsCommission (AIRC) to havethe dispute or grievance dealt withby conciliation.Disputes of a Collective Character(12) The parties bound by the Agreementacknowledge that disputesof a collective character concerningmore than one employee maybe dealt with more expeditiouslyby an early reference to the AIRC.(13) No dispute of a collective charactermay be referred to the AIRCdirectly unless there has been agenuine attempt to resolve thedispute in accordance with subclauses(4) to (6) prior to it beingreferred to the AIRC.Unresolved Disputes(14) If a dispute in relation to a matterarising under the agreementis unable to be resolved at theworkplace, and the steps set outin subclauses (1) to (13) havebeen taken, the dispute may bereferred to the AIRC for resolutionby mediation and/or conciliationand, where the matter in disputeremains unresolved, arbitration.If arbitration is necessary theCommission may exercise theprocedural powers in relation tohearings, witnesses, evidence andsubmissions which are necessaryto make the arbitration effective.(15) The decision of the Commissionwill bind the parties, subject toeither party exercising a right ofappeal against the decision to aFull Bench.Electronic communications27 Electronic communications shall beconsistent with Department policyprovided that employees are allowedreasonable access to electronic communicationto facilitate communicationbetween employees and their representatives,which may include a union,on matters pertaining to the employer/employee relationship.SCHEDULE 1SALARY/REMUNERATION RATES1.1 Subject to clauses 1.2 and 1.3 employeesshall be paid the rates appropriateto their classification as follows:Principal Class(1) Employees within the principal classshall be paid the total remuneration setout in the table below as follows:(a) Principals shall be paid withinclassification levels 1 to 3;(b) Assistant principals shall be paidwithin classification levels 1 to 2;(c) Liaison principals shall be paidwithin classification levels 1 to 3.Level and RangeLevel 3Level 2Level 1Effective from the first pay period on or afterDate ofcommencement1 Jan2009Range 61 Jan20101 Jan20116-4 $147,791 $152,229 $156,788 $161,4706-3 $145,417 $149,791 $154,283 $158,8986-2 $143,043 $147,353 $151,779 $156,3256-1 $140,670 $144,915 $149,275 $153,753Range 55-4 $138,296 $142,393 $146,602 $150,9255-3 $135,922 $139,955 $144,098 $148,3535-2 $133,548 $137,517 $141,594 $145,7815-1 $131,174 $135,079 $139,089 $143,209Range 44-4 $126,426 $129,852 $133,371 $136,9864-3 $124,052 $127,414 $130,867 $134,4144-2 $121,678 $124,976 $128,363 $131,8414-1 $119,305 $122,538 $125,858 $129,269Range 33-4 $116,931 $120,099 $123,354 $126,6973-3 $114,557 $117,661 $120,850 $124,1253-2 $112,183 $115,223 $118,346 $121,5533-1 $109,809 $112,785 $115,841 $118,981Range 22-4 $107,435 $110,347 $113,337 $116,4082-3 $105,061 $107,908 $110,833 $113,8362-2 $102,687 $105,470 $108,328 $111,2642-1 $100,313 $103,032 $105,824 $108,692Range 11-4 $97,940 $100,594 $103,320 $106,1201-3 $95,566 $98,155 $100,816 $103,5481-2 $93,192 $95,717 $98,311 $100,9751-1 $90,818 $93,279 $95,807 $98,40380 81

Teacher Class(2) Employees within the teacherclass shall be paid the salary appropriateto their classification asfollows:Paraprofessional Class(3) Employees within the paraprofessionalclass shall be paid the salaryappropriate to their classificationas follows:Effective from the first pay period on or afterEffective from the first pay period on or afterClassification andsubdivisionDate ofCommencement1 Jan 2009 1 Jan 2010 1 Jan 2011Classification andsubdivisionDate ofCommencement1 Jan 2009 1 Jan 2010 1 Jan 2011Leading TeacherLevel 4LT-3 $82,530 $84,767 $87,064 $89,423LT-2 $80,242 $82,417 $84,650 $86,944LT-1 $78,019 $80,134 $82,305 $84,536Classroom TeacherExpertE-4 $75,500 $77,546 $79,648 $81,806E-3 $68,619 $70,479 $72,389 $74,351E-2 $66,556 $68,360 $70,212 $72,115E-1 $64,554 $66,304 $68,101 $69,946AccomplishedA-5 $62,312 $64,000 $65,735 $67,516A-4 $60,585 $62,227 $63,913 $65,645A-3 $58,906 $60,502 $62,141 $63,826A-2 $57,273 $58,825 $60,420 $62,057A-1 $55,686 $57,195 $58,745 $60,337GraduateG-2 $52,643 $54,070 $55,535 $57,040G-1 $51,184 $52,571 $53,996 $55,459Max $82,530 $84,767 $87,064 $89,423Min $75,500 $77,546 $79,648 $81,806Level 3P 3-3 $68,619 $70,479 $72,389 $74,351P 3-2 $66,556 $68,360 $70,212 $72,115P 3-1 $64,554 $66,304 $68,101 $69,946Level 2P 2-5 $62,312 $64,000 $65,735 $67,516P 2-4 $60,585 $62,227 $63,913 $65,645P 2-3 $58,906 $60,502 $62,141 $63,826P 2-2 $57,273 $58,825 $60,420 $62,057P 2-1 $55,686 $57,195 $58,745 $60,337Level 1P 1-6 $52,643 $54,070 $55,535 $57,040P 1-5 $49,433 $50,773 $52,149 $53,562P 1-4 $46,223 $47,476 $48,762 $50,084P 1-3 $43,014 $44,180 $45,377 $46,607P 1-2 $39,803 $40,882 $41,990 $43,128P 1-1 $36,593 $37,585 $38,604 $39,65082 83

1.2 Declaration concerning the basic periodicrate of payFor so long as an employee is subjectto the agreement, the employer willprovide a basic periodic rate of paythat is at least equal to:(1) if the employee is within a work classificationthat, immediately before thecommencement of subsection 4(7) ofthe Commonwealth Powers (IndustrialRelations) Act 1996 of Victoria:(a) was a declared work classificationunder the Employee Relations Act1992 of Victoria; or,(b) had been declared by the EmployeeRelations Commission ofVictoria to be an interim workclassification - the basic periodicrate of pay attaching to that classification.(2) if the employee is not within such workclassification and is a junior employee,an employee with a disability or anemployee to whom a training arrangementapplies – the rate of pay specifiedin, or worked out in accordance witha method specified in, the WorkplaceRelations Regulations 2006.(3) if the employee is not within suchwork classification and is not a junioremployee, an employee with a disabilityor an employee to whom a trainingarrangement applies – the standardFederal Minimum Wage.1.3 Declaration concerning the casualloadingFor as long as a casual employee is coveredby the agreement, the casual loadingthat is payable to a casual employeewill not be less than the default casualloading provided by Division 2 of Part7 of the Workplace Relations Act 1996.SCHEDULE 2ROLES AND RESPONSIBILITIES– TEACHER CLASSThe responsibilities expected of teachers atall classification levels are to:• Engage in ongoing professional learningto improve their practice• Draw on resources and frameworksprovided by the system to inform theirwork and classroom practice• Work collaboratively with professionalcolleagues to improve teaching andlearning within the school• Use multiple sources of feedback ontheir classroom practice to informtheir professional learning goals.The roles and responsibilities expected ofteachers at each classification level are asfollows:Leading teacherLeading teachers will be outstanding classroomteachers and undertake leadershipand management roles commensurate withtheir salary range.The objective of leading teachers is toimprove the skill, knowledge and performanceof the teaching workforce in a schoolor group of schools and to improve thecurriculum program of a school.Leading teachers are responsible fordemonstrating and modelling an outstandinglevel of teaching.Leading teachers will be expected tomake a significant contribution to policydevelopment relating to teaching and learningin the school. They also manage majorcurriculum or student activities across theschool with a high degree of independence.A leading teacher has a direct impact andinfluence on the achievement of the schoolgoals. These teachers provide professionalsupport to teaching staff.Leading teachers are usually responsiblefor the implementation of one or morepriorities contained in the school strategicplan. Typically, leading teachers are responsiblefor coordinating a large number ofstaff to achieve improvements in teachingand learning. Their focus is on the introductionof changes in methods and approachesto teaching and learning. However, they willalso be responsible for the managementand leadership of a significant area or functionwithin the school to ensure the effectivedevelopment, provision and evaluation ofthe school’s education program.Position responsibilitiesIn recognition of the importance of leadershipand management combined withexemplary teaching practice for improvedstudent learning outcomes, the key roles ofthe leading teachers may include but arenot limited to:• leading and managing the implementationof whole-school improvementinitiatives related to the school strategicplan and school priorities• leading and managing the implementationof whole-school improvementstrategies related to curriculum planningand delivery• leading and managing the provisionof professional learning and developingindividual and team performanceand development plans for teachingstaff within the priorities of theschool• leading and managing staff performanceand development (review ofstaff)• teaching demonstration lessons• leading and managing the developmentof the school’s assessment andreporting policies and practices• leading and managing the implementationof the school operations andpolicies related to student welfare anddiscipline• leading the development of curriculumin a major learning area andparticipating in curriculum developmentin other areas• responsibility for general disciplinematters beyond the management ofclassroom teachers• contributing to the overall leadershipand management of the school• contributing to the development ofproposals for school council consideration• developing and managing the schoolcode of conduct.Classroom teacherThe classroom teacher classificationcomprises three salary ranges - graduate,accomplished and expert. The primary focusof the classroom teacher is on the planning,preparation and teaching of programsto achieve specific student outcomes.The classroom teacher engages in criticalreflection and inquiry in order to improveknowledge and skills to effectively engagestudents and improve their learning.As the classroom teacher gains experiencehis or her contribution to the schoolprogram beyond the classroom increases.All classroom teachers may be requiredto undertake other duties in addition totheir rostered teaching duties provided theresponsibility is appropriate to the salaryrange, qualifications, training and experienceof the teacher.Expert teacherExpert teachers play a significant role inassisting the school to improve studentperformance and educational outcomesdetermined by the school strategic plan andstatewide priorities and contributing to the84 85

development and implementation of schoolpolicies and priorities. A critical componentof this work will focus on increasing theknowledge base of staff within their schoolabout student learning and high qualityinstruction to assist their school to definequality teacher practice.Expert teachers will be expected to:• have the content knowledge andpedagogical practice to meet thediverse needs of all students• model exemplary classroom practiceand mentoring/coaching other teachersin the school to engage in criticalreflection of their practice and to supportstaff to expand their capacity• provide expert advice about thecontent, processes and strategiesthat will shape individual and schoolprofessional learning• supervise and train one or more studentteachers• assist staff to use student data to informteaching approaches that enabletargets related to improving studentlearning outcomes to be achieved.Accomplished teacherThe primary focus of the accomplishedteacher is on the planning, preparationand teaching of programs to achievespecific student outcomes. These teachersteach a range of students/classes and areaccountable for the effective delivery oftheir programs. Accomplished teachers areskilled teachers who operate under generaldirection within clear guidelines followingestablished work practices and documentedpriorities and may have responsibility forthe supervision and training of one or morestudent teachers.At this level, accomplished teachersparticipate in the development of schoolpolicies and programs and assist in theimplementation of school priorities.Graduate teacherThe primary focus of the graduate teacheris on further developing skills and competenciesto become an effective classroompractitioner with structured support andguidance from teachers at higher levels.The focus of a graduate teacher is onclassroom management, subject contentand teaching practice. Graduate teachersare new entrants to the teaching professionwho in their initial teaching years receivestructured support, mentoring and guidancefrom teachers at higher levels.Under guidance, graduate teachers willplan and teach student groups in one ormore subjects. Graduate teachers are expectedto participate in induction programsand other professional learning activitiesthat are designed to ensure the integrationof curriculum, assessment and pedagogyacross the school.Teachers at this level are responsible forteaching their own classes and may alsoassist and participate in policy development,project teams and the organisation ofco-curricula activities.SCHEDULE 3TRANSLATIONExisting employees, including persons appointedto positions advertised under theclassification structure operating immediatelyprior to this agreement commencing tooperate, shall translate to the revised structureon and from the date this agreementcommences to operate as set out below:1.1 Principal Class officers will translate tothe revised Principal Class classificationas follows:Current Classification and TRP Translation classification, range and salary progression point Maximum salary progression point*$140,8766-4 6-4$138,614 6-3 6-4Range 1Range 2Range 3Range 4Range 5Range 6$136,351 6-2 6-4Level 3Range 6$134,089 6-1 6-4$131,826 5-4 6-4$129,564 5-3 6-4$127,302 5-2 6-4$131,826Range 55-4 5-4$129,564 5-3 5-4$127,302 5-2 5-4$125,040 5-1 5-4$122,776 5-1 5-4$120,514 5-1 5-4$118,252 5-1 5-4$122,7765-1 5-1$120,514 4-4 5-1$118,252 4-3 5-1Level 2Range 4$115,989 4-2 5-1$113,727 4-1 5-1$111,464 3-4 5-1$109,201 3-3 5-1$113,727Range 34-1 4-1$111,464 3-4 4-1$109,201 3-3 4-1$106,939 3-2 4-1$104,677 3-1 4-1$102,413 3-1 4-1$100,151 3-1 4-1$104,6773-1 3-1$102,413 2-4 3-1$100,151 2-3 3-1Level 1Range 2$97,889 2-2 3-1$95,627 2-1 3-1$93,364 1-4 3-1$91,101 1-3 3-1$95,627Range 12-1 2-1$93,364 1-4 2-1$91,101 1-3 2-1$88,839 1-2 2-1$86,576 1-1 2-1$84,314 1-1 2-1$82,051 1-1 2-186 87

* Notwithstanding clause 1.1 of schedule1, an existing principal class officermay access the maximum remunerationprogression point indicated in the tableabove during the life of the principalclass officer’s existing contract of employment.1.2 Leading teachers will translate to therevised Leading Teacher classificationas follows:Current classification andsubdivisionLeading Teacher 2-3Leading Teacher 2-2Leading Teacher 2-1Leading Teacher 1-3Leading Teacher 1-2Leading Teacher 1-1New classification andsubdivisionLeading Teacher – LT-3Leading Teacher – LT-2Leading Teacher – LT-1Leading Teacher – LT-1Leading Teacher – LT-1Leading Teacher – LT-11.3 Classroom teachers will translate to therevised classroom teacher classificationas follows:Current subdivisionNew subdivisionExpert teacher – E-3a Expert teacher – E-4Expert teacher – E-3Expert teacher – E-4 or E-3*Expert teacher – E-2 Expert teacher – E-2Expert teacher – E-1 Expert teacher – E-1Accomplished teacher – A-5 Accomplished teacher – A-5Accomplished teacher – A-4 Accomplished teacher – A-4Accomplished teacher – A-3 Accomplished teacher – A-3Accomplished teacher – A-2 Accomplished teacher – A-2Accomplished teacher – A-1 Accomplished teacher – A-1Graduate teacher – G-4 Graduate teacher – G-2Graduate teacher – G-3 Graduate teacher – G-1Graduate teacher – G-2 Graduate teacher – G-1Graduate teacher – G-1 Graduate teacher – G-1* An expert teacher at subdivision E-3will translate to the new subdivisionE-4 provided that teacher has been atsalary subdivision E-3 for a minimumperiod of twelve months and beenassessed as meeting or exceeding theperformance and development requirementsat his/her most recent performanceassessment. Otherwise thatteacher will translate to subdivisionE-3.1.4 Instructors will translate to the newparaprofessional classification asfollows:Current classification andsubdivisionInstructor Level 3New classification andsubdivisionLevel P 4 minInstructor Level 2 Level P 3-1Instructor Level 1-6 Level P 1-6Instructor Level 1-5 Level P 1-5Instructor Level 1-4 Level P 1-4Instructor Level 1-3 Level P 1-3Instructor Level 1-2 Level P 1-2Instructor Level 1-1 Level P 1-1memorandum ofunderstandingA memorandum of understanding is beingdeveloped that reflects commitments andundertakings agreed between the Departmentof Education and Early ChildhoodDevelopment and the Australian EducationUnion arising from the negotiations for aworkplace agreement in Victorian GovernmentSchools. The agreed commitments andundertakings includes:Service Improvements• The parties recognise that only theemployer under the Education andTraining Reform Act 2006 determinesthe timing of the existing four pupilfree days provided not more thanthree days will occur prior to the daystudents commence school each year.The employer may move one of thesethree days into the school year tomeet the needs of schools within thecontext of the Blueprint. The partiesagree that any realignment of pupilfree days will not alter the number ofstudent attendance days and will beconsistent with the Blueprint objectives.• The parties are committed to allschools providing not less than 25hours student instruction per week.Salary Increases• The salary and translation increasesunder the Agreement will be paid onand from the first pay period on orafter 1 May 2008.Negotiations for nextagreement• It is agreed that negotiations for thenext agreement will commence nolater than March 2011.Exit strategy for teachers• It is proposed that an exit strategybe developed for those teachers whohave lost the motivation to continuetheir teaching careers. This strategywill have regard to similar schemesused in other states such as Queensland.• A feature of this strategy will be theongoing employment of existing fixedterm teachers to replace those teacherswho depart as a result of the exitstrategy.• The Department will consult with theAEU on the strategy to be developed.88 89

mouMemorandum of understandingTeacher Assistants• That the Teacher Assistants announcedin the 2007/08 StateBudget be brought forward such thatthe number promised for 2010 arerolled out at the start of 2009 andthat further discussions in the contextof the State Budget process be heldon the expansion of the program insubsequent years.Staffing IssuesFixed term employmentThe Department undertakes that:• all offers of fixed term employmentwill specify the reason code for thefixed term employment.• the duration of all fixed term classroomteacher employment will includethe pro-rata school holiday period.• in predicting enrolment decline for thepurposes of clause 20(2)(d)(iii) theDepartment will rely on the enrolmentpredictions set out in EMIS or its successor• pending the implementation of theHRMS upgrade in 2010 the Departmentwill actively monitor fixed termvacancy trends and identify thoseschools that appear to have a largernumber of fixed term vacancies thanthe school’s circumstances wouldindicate.• in determining any other reason forfixed term employment under clause20(2)(d)(vi) the Department will consultthe AEU.Staff rotation• The intention of clause 20(2)(c)(i) is tofacilitate staffing co-operative arrangementsor similar arrangements. TheDepartment undertakes that should itseek to broaden the operation of thisclause it will consult the AEU.Leading teachers• The importance of the LeadingTeacher Classification in terms of theleadership required in schools to deliverthe school improvement agendais recognised. To ensure that sufficientleading teachers are available to meetthe succession planning requirementsof the Victorian Government schoolsystem it is agreed that a statewideleading teacher profile of between10% to 15% is desirable.• To this end the Department undertakesto:- monitor leading teacher numberson a statewide basis; and- provide a report to the AEU on aquarterly basis.• Where the statewide profile of leadingteachers falls below the desiredlevel the Department and the AEUwill endeavour to identify the causesunderlying the reduction in leadingteacher numbers and developstrategies to increase the number ofleading teacher positions. This mayinclude intervening in schools wherethere has been a significant shift inthe leading teacher profile after thedate the agreement commences tooperate.Staffing Guidelines• For the purposes of clauses 20(2)(b),20(3)(b), 20(3)(e) and 21(11)(d)the Department undertakes that itwill consult the AEU regarding anychanges to the Recruitment in SchoolsGuide and the Management of ExcessStaff that impact on the operation ofthose clauses.Approved teachingexperience whilst on leavewithout pay• The Department undertakes that “approvedteaching experience” will be includedfor salary progression purposeswhere a teacher gains that experiencewhilst absent on leave without paythat commences after the date ofcommencement of the agreement.Implementation of thecommon progression cycle• The Department undertakes to providea one off transition payment, atthe commencement of the agreement,to those employees whose salaryprogression is delayed beyond twelvemonths as a result of the implementationof the common progression cycleon 1 May 2009.• This payment shall equal the value ofthe salary progression amount due on1 May 2009 multiplied by the numberof days in excess of 12 months.Professional Standards• The Department undertakes that theexisting Professional Standards willcontinue to apply for salary progressionpurposes pending the developmentof new assessment criteria developedin consultation with the AEU.Notebook lease cost• The Department undertakes to reducethe cost of leasing a laptop to $4:00per fortnight for an IBM equivalentlaptop and to $7:00 for an Apple laptopeffective from the first pay periodon or after 1 July 2008. Lease feesin subsequent years may vary in linewith the Department’s usual renewalprocesses.Leave• Pending the implementation of theHRMS upgrade long service leavewill continue to be managed accordingto existing arrangements with allemployees being converted to thenew hours methodology as part ofthe HRMS upgrade. Employees whoseparate in the meantime will havetheir LSL payment in lieu calculatedbased on the new hours methodology.90 91