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

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