Educational Services (Post-Secondary Education) Award 2010

Educational Services (Post-Secondary Education) Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR582994).

Clause(s) affected by the most recent variation(s):

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/224;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2015/6;AM2016/8; AM2016/15;AM2016/17

Table of Contents

[Varied by PR991583,PR994542,PR532630,PR544519,PR546288,PR557581,PR573679,PR582994,PR584094]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. Accident pay

17. Higher duties

18. Payment of wages

19. Supported wage and training wage

20. Superannuation

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work

22. Breaks

23. Penalty rates—general employees

24. Overtime

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Parental Leave

29. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classifications—Academic Teachers

Schedule C—Classifications—Teachers and Tutor/instructors

Schedule D—General Staff

Schedule E—Supported Wage System

Schedule F—National Training Wage

Schedule G—2016 Part-day Public Holidays

Schedule H—Agreement to Take Annual Leave in Advance

Schedule I—Agreement to Cash Out Annual Leave

Schedule J—Agreement for Time Off Instead of Payment for Overtime

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Educational Services (Post-Secondary Education) Award 2010.

2. Commencement and transitional

[Varied by PR991583,PR542195]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

    ●minimum wages and piecework rates

    ●casual or part-time loadings

    ●Saturday,Sunday,public holiday,evening or other penalties

    ●shift allowances/penalties.

[2.4 varied by PR542195 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542195 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542195 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

    (a) on its own initiative;or

    (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

    (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

    (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR994542,PR997772,PR503719,PR546055]

3.1 In this award,unless the contrary intention appears:

    academic teacher means an employee engaged to teach students,where a majority of the employee’s teaching work is in the delivery of units or programs which are at bachelor’s degree level or higher academic level,including the delivery of units which are intended subsequently to be accepted without discount as credit towards a degree

    accredited means accredited by an authority exercising statutory powers of accreditation,not being an educational institution

    Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994542 from 01Jan10]

    agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    AQF means the Australian Qualifications Framework

[Definition of default fund employee inserted by PR546055 ppc 01Jan14]

    default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR546055 ppc 01Jan14]

    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503719 ppc 01Jan11]

    Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503719 ppc 01Jan11]

    Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    ELICOS means English Language Intensive Courses for Overseas Students

[Definition of employee substituted by PR997772 from 01Jan10]

    employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

    employer means national system employer within the meaning of the Act

    enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of exempt public sector superannuation scheme inserted by PR546055 ppc 01Jan14]

    exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

    general staff member means an employee employed in a capacity other than as an academic teacher,a teacher or tutor/instructor and includes employees engaged in clerical,administrative,professional and technical work

    LOTE means Languages Other Than English

[Definition of MySuper product inserted by PR546055 ppc 01Jan14]

    MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

    NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

[Definition of on-hire inserted by PR994542 from 01Jan10]

    on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

    post-secondary educational services industry means the provision of education and training to persons over the age of 16 years who have exited the school education system

    public holiday means a day identified as a public holiday in the NES

    standard rate means the minimum weekly rate for Level 2.1 in clause 14.4

    teacher means an employee engaged to teach students where a teaching qualification is mandatory or required by the employer,and where the work required involves teaching a course of study or units of work recognised within or pursuant to the Australian Qualifications Framework or accredited by a relevant state or territory authority and which is neither the work of an academic teacher nor a tutor/instructor

    teaching staff member means an academic teacher,a teacher or a tutor/instructor

    TESOL means Teaching English to Speakers of Other Languages

[Definition of transitional minimum wage instrument inserted by PR994542 from 01Jan10]

    transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    tutor/instructor means an employee engaged in providing tutoring/instruction to students where the course is not accredited and where the employer may not require a teaching qualification and which is neither the work of an academic teacher nor a teacher

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

4. Coverage

[Varied by PR991583,PR994542]

4.1 This industry award covers employers throughout Australia in the post-secondary educational services industry and their employees (other than trades,cleaning or maintenance staff) employed in the classifications listed in Schedule B—Classifications—Academic Teachers,Schedule C—Classifications—Teachers and Tutor/instructors and Schedule D—General staff,to the exclusion of any other modern award.

4.2 To avoid doubt this award does not apply to:

    (a) any secondary school;

    (b) any employer in respect of an employee to whom the Higher Education Industry—Academic Staff—Award 2010 or the Higher Education Industry—General Staff—Award 2010 applies;or

    (c) any employer whose principal function is the provision of labour market assistance programs.

4.3 To avoid doubt,the post-secondary educational services industry includes:

    (a) vocational education and training (VET) teaching leading to qualifications recognised within the AQF;

    (b) ELICOS and TESOL teaching;

    (c) LOTE teaching;

    (d) English language,literacy and numeracy teaching;

    (e) English language teaching in migrant education programmes;

    (f) community and adult education teaching not leading to qualifications recognised by the AQF;

    (g) undergraduate and postgraduate teaching leading to the conferring of accredited degrees or other higher education qualifications recognised within the AQF,except teaching in a university approved to operate in Australia;

    (h) foundation studies programmes or bridging course teaching where the programme or course is preparatory to or articulates with programmes of teaching leading to higher education qualifications recognised within the AQF;and

    (i) the employees of any student unions established for students in institutions providing post-secondary educational services.

4.4 The award does not cover an employee excluded from award coverage by the Act.

4.5 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.6,4.7 and 4.8 inserted by PR994542 from 01Jan10]

4.6 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.7 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.8 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.6 renumbered as 4.9 by PR994542 from 01Jan10]

4.9 Where an employer is covered by more than one award,an employee of that employer is covered by the classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

    NOTE:Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means,whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

[Varied by PR542195]

7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

    (a) arrangements for when work is performed;

    (b) overtime rates;

    (c) penalty rates;

    (d) allowances;and

    (e) leave loading.

[7.2 varied by PR542195 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

    (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) varied by PR542195 ppc 04Dec13]

    (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

    (a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;

    (b) state each term of this award that the employer and the individual employee have agreed to vary;

    (c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

    (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and

    (e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

[7.8(a) varied by PR542195 ppc 04Dec13]

    (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

    (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542195 ppc 04Dec13]

    Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542195 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542195 ppc 04Dec13]

7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

8.1 Consultation regarding major workplace change

    (a) Employer to notify

      (i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

      (ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

      (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

8.2 Consultation about changes to rosters or hours of work

    (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

    (b) The employer must:

      (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

      (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

      (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

    (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

    (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

[Varied by PR542195]

9.1 In the event of a dispute about a matter under this award,or a dispute in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[9.2 varied by PR542195 ppc 04Dec13]

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 9.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[9.3 varied by PR542195 ppc 04Dec13]

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.

[9.4 varied by PR542195 ppc 04Dec13]

9.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform other available work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

10.1 Employees under this award will be employed in one of the following categories:

    (a) full-time employment;

    (b) part-time employment;

    (c) casual employment;or

    (d) sessional employment.

10.2 Full-time employment

    A full-time employee is an employee who is engaged to work the ordinary hours of work set out in clause 21Ordinary hours of work.

10.3 Part-time employment

    (a) A part-time employee is an employee employed for less than the normal ordinary hours specified for a full-time employee,or in the case of a teaching staff member for less than the face-to-face teaching load of a full-time teaching staff member at that workplace,for which all award entitlements are paid or calculated on a pro rata basis by reference to the time worked.

    (b) Before engagement the employer and the part-time employee will agree in writing on a regular pattern of work,including the number of hours to be worked each week,the days of the week the employee will work,the starting and finishing times each day where hours are not averaged and any periods during a year when work by the employee will not be required.

    (c) Changes in hours may only be made by agreement in writing between the employer and the employee.

    (d) An employer is required to roster a part-time employee for a minimum of two consecutive hours on any day.

    (e) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

    (f) Except where hours are averaged,all time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

10.4 Casual employment

    (a) A casual employee is engaged and paid by the hour.

    (b) A casual employee will be paid in accordance with the provisions of clause 14.5.

    (c) A casual employee must be paid at the termination of each engagement,or in accordance with the usual payment methods for full-time employees.

    (d) For teachers and tutor/instructors,the minimum payment for each engagement will be for two hours’work calculated in accordance with clause 14.5(b). For general staff the minimum payment will be for three hours’work at the appropriate rate.

10.5 Sessional employment

    This clause applies only to teaching staff members.

    (a) A sessional employee is an employee engaged to work on a full-time or part-time basis for a specified period or periods of not less than four weeks or more than forty weeks in any calendar year.

    (b) A sessional employee will be paid at the same rate and be entitled to the same conditions as those prescribed for a full-time or part-time teacher with the same qualifications,experience and teaching load.

    (c) On termination of a sessional engagement,an employee may elect to be paid out accrued annual leave entitlements or have the employer preserve them for use during a subsequent sessional engagement;provided that where the leave is not taken within 12 months of it accruing,or the employee is not re-engaged within eight weeks,the accrued entitlement will be paid out. See also clause 25Annual leave.

    (d) Subject to the employee’s satisfactory conduct and performance,where an equivalent position will exist at the expiry of the employee’s period of engagement,the employer will offer a further engagement to the employee.

    (e) Where practicable,notice of re-engagement will be given at least two weeks prior to the expiry of the current engagement and the employee will give one week’s notice of acceptance to the employer.

10.6 Continuous service

    This clause applies only to teaching staff members.

    For the purposes of the NES:

    (a) One or more engagements of a casual or sessional employee with an employer will be deemed to be continuous unless more than eight weeks have elapsed between those engagements. The period between engagements will not count as service.

    (b) Service will be deemed to be continuous notwithstanding that it has been broken if the interruption was caused by the employer with the intention of avoiding an obligation under this award,another industrial instrument or relevant legislation.

10.7 Letter of appointment

    On appointment an employer will provide an employee (other than a casual employee) with a letter of appointment stating their classification,rate of pay and mode of appointment. In the case of a sessional teacher this will also state the cessation date of the employment.

11. Termination of employment

[Varied by PR568684]

11.1 Notice of termination is provided for in the NES. This clause provides industry specific detail and supplements the NES in relation to termination of employment.

11.2 Notice of termination—teaching staff member

    (a) The employment of a teaching staff member (other than a casual employee) will not be terminated without at least four weeks’notice (inclusive of the notice required under the NES) or the payment of four weeks’salary instead of notice.

[11.2(b) substituted by PR568684 ppc 16Oct15]

    (b) Where a course,previously scheduled,is cancelled because of the failure of students to attend,or to notify the employer that they would not be attending,or because the employer is otherwise made aware that the course will be undersubscribed and therefore have to be cancelled,and the employer cannot give four weeks’notice of termination of a teaching staff member,notice of at least two weeks will be given provided that the minimum notice period required by the NES must be given.

11.3 Notice of termination by an employee

    (a) The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

    (b) If an employee fails to give the notice specified in clause 11.3(a) the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.4 Job search entitlement

    Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR994542,PR503719,PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

    Where an employee is transferred to lower paid duties by reason of redundancy,the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may,at the employer’s option,make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate of pay for the number of weeks of notice still owing.

12.3 Employee leaving during notice period

    An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.

12.4 Job search entitlement

    (a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

    (b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment,the employee must,at the request of the employer,produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

    (c) This entitlement applies instead of clause 11.4.

12.5 Transitional provisions –NAPSA employees

[12.5 varied by PR994542;renamed by PR503719;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503719;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. Accident pay

17. Higher duties

18. Payment of wages

19. Supported wage and training wage

20. Superannuation

13. Classifications

[Varied by PR991583]

13.1 All employees covered by this award must be classified according to the classification descriptors set out in Schedule B—Classifications—Academic Teachers,Schedule C—Classifications—Teachers and Tutor/instructors or Schedule D—General Staff,and paid the minimum weekly rate or the minimum annual salary for the classification level in clause 14Minimum wages. Employers must advise their employees in writing of their classification level and of any changes to their classification level.

13.2 The classification by the employer must be according to the principal functions and skill requirements of the employment as determined by the employer.

14. Minimum wages

[Varied by PR997981,PR509106,PR522937,PR536740,PR538585,PR544972,PR551663,PR566753,PR579855,PR592175]

14.1 Academic teachers

[14.1 varied by PR997981,PR509106,PR522937,PR536740,PR538585 ppc 22Jul13;corrected by PR544972 ppc 22Jul13;varied by PR551663,PR566753,PR579855,PR592175 ppc 01Jul17]

    Classification level

    Annual salary

    $

    Level A

     

    A.1

    49,873

    A.2

    51,871

    A.3

    53,869

    A.4

    55,743

    A.5

    57,242

    A.6

    58,866

    A.7

    60,490

    A.8

    62,113

    Level B

     

    B.1

    64,613

    B.2

    66,488

    B.3

    68,361

    B.4

    70,239

    B.5

    72,111

    B.6

    73,987

    Level C

     

    C.1

    75,859

    C.2

    77,734

    C.3

    79,608

    C.4

    81,483

    C.5

    83,357

    C.6

    85,232

    NOTE:The weekly rate of pay for an employee will be determined by dividing the annual salary by 313,multiplying that amount by 6,and rounding to the nearest $0.10.

14.2 Casual rates—academic teachers

[14.2 varied by PR997981,PR509106,PR522937,PR536740,PR538585 ppc 22Jul13,PR551663,PR566753,PR579855,PR592175 ppc 01Jul17]

    The following will apply to casual academic teachers:

     

    Per hour (including the casual loading)

    $

    Lecturing

     

    Lecture (one hour of delivery and two hours of associated working time)

    125.77

    Repeat lecture (one hour of delivery and one hour associated working time)

    83.84

    Tutoring

     

    Tutorial (one hour of delivery and two hours associated working time)

    98.14

    Repeat tutorial (one hour of delivery and one hour associated working time)

    65.42

    Tutorial (one hour of delivery and two hours associated working time) (where academic holds a Doctorate)

    111.38

    Repeat tutorial (one hour of delivery and one hour associated working time) (where academic holds a Doctorate)

    74.23

    Marking

     

    Standard marking

    32.69

    Marking as a supervising examiner,or marking requiring a significant exercise of judgment

    41.93

    Standard marking (where staff holds a Doctorate)

    37.13

    Marking as a supervising examiner,or marking requiring a significant exercise of judgment (where staff holds a Doctorate)

    41.93

    Technical demonstration

     

    Technical demonstration (one hour of delivery and one hour of associated working time)

    65.42

    Other required staff activity

     

    Where staff does not hold doctorate qualifications or perform full subject co-ordination duties

    32.69

    Where staff hold doctorate qualifications or perform full subject co-ordination duties

    37.13

    NOTE:The casual rates in this table will be adjusted by the same percentage increase applied to the weekly rates contained in clause 14.1.

14.3 Teachers and tutor/instructors

[14.3 varied by PR997981,PR509106,PR522937,PR536740,PR538585 ppc 22Jul13;corrected by PR544972 ppc 22Jul13;varied by PR551663,PR566753,PR579855,PR592175 ppc 01Jul17]

    Classification level

    Annual salary

    $

    Level 1

    47,456.22

    Level 2

    48,089.00

    Level 3

    49,039.77

    Level 4

    50,000.09

    Level 5

    52,022.48

    Level 6

    53,370.67

    Level 7

    54,598.17

    Level 8

    55,946.45

    Level 9

    57,301.06

    Level 10

    59,049.95

    Level 11

    60,678.08

    Level 12

    62,115.33

    NOTE:The weekly rate of pay for an employee will be determined by dividing the annual salary by 313 and multiplying that amount by 6.

14.4 General staff

[14.4 varied by PR997981,PR509106,PR522937,PR536740,PR538585 ppc 22Jul13,PR551663,PR566753,PR579855,PR592175 ppc 01Jul17]

    Classification

    Minimum weekly rate

    $

    Annual salary

    $

    Level 1

      

    1.1

    738.80

    38,540.73

    1.2

    775.40

    40,450.03

    1.3

    799.60

    41,712.47

    Level 2

      

    2.1

    809.60

    42,234.13

    2.2

    824.10

    42,990.55

    Level 3

      

    3.1

    854.60

    44,581.63

    3.2

    897.40

    46,814.37

    Level 4

      

    4.1

    921.70

    48,082.02

    4.2

    958.10

    49,980.88

    Level 5

      

    5.1

    1022.90

    53,361.28

    5.2

    1071.60

    55,901.80

    Level 6

      

    6.1

    1098.30

    57,294.65

    6.2

    1163.00

    60,669.83

    Level 7

      

    7.1

    1189.90

    62,073.12

    7.2

    1260.70

    65,766.52

    Level 8

    1339.90

    69,898.12

    Level 9

    1416.60

    73,899.30

    NOTE:The annual rates in this table are determined by multiplying the weekly rate by 313 and dividing that amount by 6.

14.5 Casual rates—teachers,tutor/instructors and general staff

    (a) A teacher and a tutor/instructor will be paid a daily rate except where the engagement is for less than five hours when payment will be at the hourly rate. Where an hourly rate is paid,it will be payable for each hour of attendance other than for timetabled tea breaks (in respect of which no more than 15 minutes will be deducted) and timetabled lunch breaks.

    (b) Other than as specified above,casual rates for staff will be calculated as follows:

    Category

    Calculation

    General staff

    Weekly applicable rate for full-time employees divided by 38 plus 25%

    Teachers

    Daily rate:annual salary divided by 261 plus 25%

    Hourly rate:daily casual rate divided by 5

    Tutor/instructors

    Daily rate:annual salary divided by 261 plus 25%

    Hourly rate:daily casual rate divided by 5

14.6 Juniors

    Junior employees must be paid the following percentage of the appropriate wage or salary rate. This clause does not apply to employees who are required to hold a trade qualification.

    Age

    %

    Under 16 years of age

    45

    16 years

    50

    17 years

    60

    18 years

    70

    19 years

    80

    20 years

    90

   

15. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR994542,PR998085,PR509228,PR523058,PR536861,PR551784,PR561478,PR566885,PR579580,PR592333]

An employer must pay to an employee such allowances as the employee is entitled to under this clause at the following rates. Expense related allowances are expressed as a monetary amount. All other allowances are expressed as a percentage of the standard rate.

15.1 Clothing and footwear

    (a) The employer will reimburse an employee engaged in work which may be damaging to clothing (e.g. working in food preparation areas,laboratories,etc.) an amount equal to the cost of uniforms and/or protective clothing,except where such uniforms are otherwise provided by the employer.

    (b) The employer will reimburse an employee required to work in the normal course of their employment under conditions which are wet and damaging to footwear,an amount equal to the cost of protective footwear,except where such footwear is otherwise provided by the employer.

    (c) When an employee is required to wear and launder a uniform the employee will be paid a laundry allowance of $3.55 per week.

15.2 District allowances

[15.2 deleted by PR561478 ppc 05Mar15]

15.2 First aid allowance

[15.3 renumbered as 15.2 by PR561478 ppc 05Mar15]

    An employee who has been trained to render first aid and who is a current holder of appropriate first aid qualifications (such as a certificate from St John Ambulance or a similar body) will be paid an amount of 1.5% of the standard rate per week if they are appointed in writing by their employer to perform first aid duty.

15.3 Living away from home

[15.4 renumbered as 15.3 by PR561478 ppc 05Mar15]

    (a) An employee,required to be temporarily away from their usual place of residence in the course of the employer’s business,is entitled to the following:

      (i) reimbursement of reasonable expenses,or the payment of an allowance to cover the cost of meals,accommodation and incidental expenditure;

      (ii) reimbursement of the reasonable cost,or the payment of an allowance,to cover all fares associated with the travel;and

      (iii) payment at ordinary rates of pay for all time spent in travelling between the employee’s usual place of employment and the temporary location,such paid time not to exceed eight hours in 24 hours.

    (b) For the purposes of clause 15.3 the employer’s business will include attending a course or conference on a residential living basis in respect of which the employer has agreed to meet the accommodation and living expenses.

    (c) The allowances referred to in clauses 15.3(a)(i) and (ii) are not payable where the fares,accommodation and living expenses are paid or provided directly by the employer.

15.4 Meal allowance

[15.5 varied by PR998085,PR509228,PR523058,PR536861, PR551784;15.5 renumbered as 15.4 by PR561478 ppc 05Mar15;varied by PR566885,PR579580,PR592333 ppc 01Jul17]

    Clause 15.4 applies only to general staff employed under this award. An employee required to work for more than one and a half hours of overtime,without being given 24 hours’notice,after the employee’s ordinary time of ending work or who works approved overtime for more than five hours on a Saturday or Sunday,will be paid a meal allowance of $15.14 or supplied with a meal instead. Where such overtime work exceeds four hours a further meal allowance of $12.12 will be paid.

15.5 Travel time and fares

[15.6 renumbered as 15.5 by PR561478 ppc 05Mar15]

    If an employee is required by the employer to travel from one place of work to another,all time so occupied by the employee will be deemed to be working time and will be paid for at the ordinary time rate. All fares associated with such travel will be paid for by the employer.

15.6 Transport of employees—shiftworkers

[15.7 renumbered as 15.6 by PR561478 ppc 05Mar15]

    Where a shiftworker commences or finishes work at a time other than the employee’s normal time of commencing or finishing and when reasonable means of transport are not available,the employer will reimburse the employee an amount equal to the cost of any transport which enables the employee to reach their home,unless the employer otherwise provides suitable transport.

15.7 Vehicle allowance

[15.8 renumbered as 15.7 by PR561478 ppc 05Mar15]

    (a) An employee who by agreement with the employer uses their own motor vehicle in the course of their work will be paid the following allowances:

      (i) Motor cars

[15.8(a)(i) varied by PR523058,PR536861, PR551784 ppc 01Jul14]

        $0.78 per kilometre travelled with a maximum payment up to 400 kilometres per week;and

      (ii) Motorcycles

[15.8(a)(ii) varied by PR551784 ppc 01Jul14]

        $0.26 per kilometre travelled with a maximum payment up to 400 kilometres per week.

    (b) The employer must pay all expenses including,registration,running and maintenance where an employer provides a motor vehicle which is used by an employee in the performance of their duties.

15.8 Adjustment of expense related allowances

[15.9 renumbered as 15.8 by PR561478 ppc 05Mar15]

    At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

    The applicable index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Clothing and footwear

    Clothing and footwear group

    Vehicle allowance

    Private motoring sub-group

   

16. Accident pay

[Varied by PR994542,PR503719];deleted by PR561478 ppc 05Mar15]

17. Higher duties

An employee who is required to perform the duties of a position in a classification higher than their usual classification for,in the case of a general employee classified at Level 7 or below,more than two weeks or in the case of a general employee classified at Level 8 or 9 or a member of the teaching staff,more than four weeks will be paid for all time worked at the higher level rate.

18. Payment of wages

18.1 Wages or salaries may be paid either:

    (a) weekly or fortnightly,according to the average number of ordinary hours worked each week or fortnight;or

    (b) by agreement between the employer and the majority of employees,monthly.

18.2 The employer may elect to pay wages by cash,cheque or by electronic funds transfer (EFT) into an account nominated by the employee with a bank or other financial institution.

19. Supported wage and training wage

[Varied by PR991583,PR593854]

19.1 Supported wage arrangements for employees with a disability are contained in Schedule E—Supported Wage System of this award.

19.2 National training wage

[19.2 substituted by PR593854 ppc 01Jul17]

    (a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

    (b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Educational Services (Post-econdary Education) Award 2010 and not the Miscellaneous Award 2010.

20. Superannuation

[Varied by PR994542,PR546055]

20.1 Superannuation legislation

    (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

    (b) The rights and obligations in these clauses supplement those in superannuation legislation.

20.2 Employer contributions

    An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

20.3 Voluntary employee contributions

    (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

    (b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

    (c) The employer must pay the amount authorised under clause 20.3(a) and (b) no later than 28 days after the end of the month in which the deduction authorised under clause 20.3(a) or (b) was made.

20.4 Superannuation fund

[20.4 varied by PR994542 from 01Jan10]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clause 20.3(a) and (b) to one of the following superannuation funds or its successor:

    (a) AustralianSuper;

    (b) Statewide Superannuation Trust;

    (c) Tasplan;

    (d) UniSuper Limited;

    (e) VicSuper;

[20.4(f) varied by PR546055 ppc 01Jan14]

    (f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;or

[20.4(g) inserted by PR546055 ppc 01Jan14]

    (g) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work

22. Breaks

23. Penalty rates—general employees

24. Overtime

21. Ordinary hours of work

21.1 Ordinary hours of work—general staff

    (a) Ordinary hours of work are defined as those hours worked continuously,except for meal breaks,on any of the days from Monday to Friday (inclusive) between 7.00 am and 7.00 pm and from 7.00 am to 12.30 pm on a Saturday provided that an employee may be required to work until 8.00 pm up to a maximum of eight weekdays within a 28 day period without the entitlement to overtime if the ordinary hours worked do not exceed the number of hours within the nominated cycle. Provided further that the spread of hours may be altered by up to one hour at either end of the spread,by agreement between an employer and the majority of employees concerned.

    (b) Full-time employees

      (i) The ordinary working hours for full-time employees will not exceed an average of 38 hours per week to be worked on one of the following bases:

        ●an average of 38 hours over a work cycle not exceeding seven consecutive days;

        ●an average of 76 hours over a work cycle not exceeding 14 consecutive days;or

        ●an average of 152 hours over a work cycle not exceeding 28 consecutive days;and

        ●not more than 10 consecutive hours,exclusive of meal breaks (except if paid for at overtime rates) in any one day.

      (ii) Where agreed,and only as part of a 28 day work cycle,a full-time employee is entitled to accrue one rostered day off during that work cycle,which must be taken within that work cycle.

      (iii) An employer and the majority of employees at an enterprise may agree to establish a system of rostered days off or a system of flexible daily attendance.

21.2 Ordinary hours of work—academic teachers

    (a) For the purposes of the NES,the ordinary hours of work are 38 per week.

    (b) The employer will be entitled to annualise the hours of work in such a manner that they are averaged over 12 months,or where the contract of employment is for less than a calendar year,for the period of employment.

    (c) For the purposes of determining the number of hours worked by an academic teacher,the following will apply:

      (i) a lecture,being the main presentation of course material in a subject,will count as three hours’work for each hour of delivery,and will include associated preparation,assessment and student consultation;

      (ii) a tutorial,being a presentation to students in a unit or subject in which lectures are offered will count as three hours’work for each hour of delivery and will include associated preparation,assessment and student consultation;and

      (iii) a repeat of a lecture or tutorial,carried out within 28 days of the first delivery,will count as two hours’work for each hour of delivery.

21.3 Ordinary hours of work—teachers and tutor/instructors

    (a) For the purposes of the NES,the ordinary hours of work are 38 per week.

    (b) The employer will be entitled to annualise the hours of work in such a manner that they are averaged over 12 months,or where the contract of employment is for less than a calendar year,for the period of employment.

    (c) For the purpose of determining the number of hours worked by a teacher or tutor/instructor the following will apply:

      (i) each contact hour of teaching delivery by a teacher will count as 1.5 hours of work,including administration,assessment and consultation;and

      (ii) each contact hour of delivery by a tutor/instructor will count as 1.25 hours of work,including administration,assessment and consultation.

21.4 Where a member of the teaching staff is working annualised hours,the provisions of clause 22Breaks and clause 24Overtime will not apply. Save that such an employee will be entitled to an unpaid meal break of not less than 30 minutes after five hours of work.

22. Breaks

22.1 Shiftworkers

    A paid meal break for shiftworkers (being employees who work a shift that attracts the penalty in clause 23.1) of not less than 20 minutes must be allowed no later than five hours after the time of commencement of each shift.

22.2 Non-shiftworkers

    An unpaid meal break for non-shiftworkers of not less than 30 minutes and not more than one hour will be allowed for a meal. An employee will not be required to work for more than five hours without a meal break.

22.3 All employees

    (a) An employee must be allowed two 10 minute rest breaks on each day as follows:

      (i) one 10 minute break between the time of commencing work and the usual meal break;and

      (ii) a second 10 minute break between the usual meal break and the time of ceasing work.

    (b) An employee who works more than four hours overtime on a Saturday morning must be allowed a rest break of 10 minutes between commencing and finishing work.

    (c) If an employee is required to work through their normal meal break the employee will be paid double time for all time so worked until such time as the meal break is given.

    (d) An employee working overtime will be allowed a meal break of 20 minutes without deduction of pay after each four hours of overtime worked.

23. Penalty rates—general employees

23.1 Shiftwork

    (a) For the purposes of this clause the following definitions will apply:

      (i) afternoon shift means any shift finishing after 7.00 pm and at or before midnight;

      (ii) night shift means any shift finishing after midnight,and at or before 7.00 am;and

      (iii) permanent night shift means a night shift which does not rotate with another shift or shifts or day work and which continues for a period of not less than four consecutive weeks.

    (b) Applicable rates

      (i) Afternoon and non-permanent night shift

        All afternoon and non-permanent night shiftworkers will be paid an additional 15% of the ordinary hourly rate for the appropriate classification for all shiftwork.

      (ii) Permanent night shift

        A permanent night shift allowance of 30% of the ordinary hourly rate for the appropriate classification will be paid for all hours worked.

      (iii) Saturday,Sunday and public holiday work

        ●A shiftworker whose ordinary working hours include a Saturday,Sunday or public holiday must be paid at the rate of time and a half for such ordinary time worked.

        ●Where ordinary shift hours commence between 11.00 pm and midnight on a Sunday or public holiday,the ordinary time worked before midnight does not entitle the employee to the rate in this subclause. However,where ordinary time is worked on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into the Sunday or public holiday,the rate in this subclause will apply to all time worked on that shift.

23.2 Non-shiftworkers

    (a) Saturday work

      (i) All work within the spread of ordinary hours on a Saturday will be paid at the rate of time and a quarter.

      (ii) Work performed on a Saturday outside the spread of ordinary hours will be paid at the relevant overtime rate.

    (b) Sunday work

      (i) All work done on a Sunday must be paid for at the rate of double time.

      (ii) An employee required to work on a Sunday is entitled to not less than four hours’pay at penalty rates provided they are available to work for four hours.

    (c) Public holiday work

      All work on a public holiday or a substituted day must be paid at double time and a half. Where both a public holiday and a substitute day are worked,public holiday penalties are payable for only one of those days to be selected by the employee. An employee required to work on a public holiday is entitled to not less than four hours pay at the penalty rate provided.

23.3 The penalty rates in this clause and in the overtime clause are not cumulative. Where an employee is entitled to more than one penalty rate the employee will be entitled to the highest single penalty rate.

24. Overtime

[Varied by PR584094]

24.1 Overtime—general staff—non–shiftworkers classified at Level 7 or below

    (a) Employees classified at Level 7 or below working overtime:

      (i) within their ordinary hours of work as described in clause 21.1,but in excess of the hours fixed for the relevant work cycle;or

      (ii) outside of the hours fixed in clause 21.1;

      must be paid time and a half for the first two hours and double time thereafter calculated on a daily basis.

    (b) The minimum period for which an employee must be paid overtime is one half hour per week.

    (c) An employee whose ordinary hours of work are 38 worked between Monday and Friday must be paid a minimum of three hours at overtime rates for work performed on a Saturday.

24.2 Overtime—general staff—shiftworkers classified at Level 7 or below

    (a) A shiftworker for all time worked:

      (i) in excess of the ordinary weekly hours fixed must be paid time and a half for the first three hours and double time thereafter;and/or

      (ii) in excess of the ordinary daily hours on an ordinary shift must be paid time and a half for the first two hours and double time thereafter.

    (b) A shiftworker whose ordinary hours do not include a Saturday,Sunday or a public holiday as ordinary hours,must,if required to work on such a day be paid double time for all work done with a minimum payment of four hours. The minimum payment does not apply if the work on such a day is continuous with the commencement or completion of their ordinary shift.

24.3 Time off instead of payment for overtime

[24.3—Time off instead of overtime payment—general staff classified at Level 7 or below renamed as Time off instead of payment for overtime and substituted by PR584094 ppc 22Aug16]

    (a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

    (b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 24.3.

    (c) An agreement must state each of the following:

      (i) the number of overtime hours to which it applies and when those hours were worked;

      (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

      (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

      (iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.

      Note:An example of the type of agreement required by this clause is set out at Schedule J. There is no requirement to use the form of agreement set out at Schedule J. An agreement under clause 24.3 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

    (d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

      EXAMPLE:By making an agreement under clause 24.3 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

    (e) Time off must be taken:

      (i) within the period of 6 months after the overtime is worked;and

      (ii) at a time or times within that period of 6 months agreed by the employee and employer.

    (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 24.3 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

    (g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

    (h) The employer must keep a copy of any agreement under clause 24.3 as an employee record.

    (i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

    (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 24.3 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

      Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

    (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 24.3 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.3.

[24.4 deleted by PR584094 ppc 22Aug16]

24.4 Rest periods after overtime

[24.5 renumbered as 24.4 by PR584094 ppc 22Aug16]

    (a) An employee who works overtime is entitled to a break of at least 10 hours plus reasonable travelling time,between the cessation of one period of duty and the commencement of the next.

    (b) An employee who has not had at least 10 consecutive hours break must be released at the completion of the overtime until they have had 10 consecutive hours off duty without loss of pay during that absence.

    (c) If the employee resumes duty without having 10 consecutive hours break they are to be paid at double time until they are released from duty and they are then entitled to be absent until they have had 10 consecutive hours break,without loss of pay during that absence.

    (d) Where the employee is a shiftworker,the required break will be eight hours instead of 10 in the following circumstances:

      (i) where overtime is worked for the purpose of changing shift rosters;

      (ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace them;or

      (iii) where a shift is worked by arrangement between the employees themselves.

24.5 Recall to duty

[24.6 renumbered as 24.5 by PR584094 ppc 22Aug16]

    Where an employee is required to return to duty after their usual finishing time the employee must be paid at the relevant overtime rate and must be paid for a minimum of three hours at that rate. Provided that this clause does not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion or commencement of ordinary working time.

24.6 Make-up time

[24.7 renumbered as 24.6 by PR584094 ppc 22Aug16]

    An employee may elect,with the consent of the employer,to work make-up time where the employee takes time off during ordinary hours and works those hours at a later time,during the spread of ordinary hours provided for in clause 21.1.

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Parental Leave

29. Public holidays

25. Annual leave

[Varied by PR582994]

25.1 Annual leave is provided for in the NES.

25.2 This clause supplements or deals with matters incidental to the NES provisions. Specific provisions dealing with annual leave for sessional employees can also be found in clause 10.5(c).

25.3 Payment of annual leave

    During a period of annual leave an employee will receive a loading calculated on the rate of pay prescribed in clause 14Minimum wages. Annual leave loading is payable on leave accrued on the following bases:

    (a) employees who would have worked on day work only had they not been on leave—17.5% of their ordinary rate of pay;or

    (b) employees who would have worked on shiftwork had they not been on leave—a loading of 17.5% of their ordinary rate of pay or the shift loading,whichever is the greater.

25.4 Annual leave in advance

[25.4 renamed and substituted by PR582994 ppc 29Jul16]

    (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

    (b) An agreement must:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

      (ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      Note:An example of the type of agreement required by clause 25.4 is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H.

    (c) The employer must keep a copy of any agreement under clause 25.4 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 25.4,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

25.5 Annual close-down

    An employer may specify up to two close-down periods each year,during which the employer will be closing down its operations. For these periods an employer may require an employee to take annual leave subject to the requirement that the employee is given notice as soon as practicable of the employer’s intention to close down.

25.6 Cashing out of annual leave

[25.6 inserted by PR582994 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.6.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.6.

    (c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

    (d) An agreement under clause 25.6 must state:

      (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

      (ii) the date on which the payment is to be made.

    (e) An agreement under clause 25.6 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

    (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

    (g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

    (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

    (i) The employer must keep a copy of any agreement under clause 25.6 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 25.6.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.6.

    Note 3:An example of the type of agreement required by clause 25.6 is set out at Schedule I. There is no requirement to use the form of agreement set out at Schedule I.

25.7 Excessive leave accruals:general provision

[25.7 inserted by PR582994 ppc 29Jul16]

    Note:Clauses 25.7 to 25.9 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

    (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.

    (b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

    (c) Clause 25.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 25.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

25.8 Excessive leave accruals:direction by employer that leave be taken

[25.8 inserted by PR582994 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 25.7(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

    (b) However,a direction by the employer under paragraph (a):

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.7,25.8 or 25.9 or otherwise agreed by the employer and employee) are taken into account;and

      (ii) must not require the employee to take any period of paid annual leave of less than one week;and

      (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

      (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

    (c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.

    (d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 25.8(b)(i).

    Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

25.9 Excessive leave accruals:request by employee for leave

[25.9 inserted by PR582994;substituted by PR582994 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 25.7(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

    (b) However,an employee may only give a notice to the employer under paragraph (a) if:

      (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

      (ii) the employee has not been given a direction under clause 25.8(a) that,when any other paid annual leave arrangements (whether made under clause 25.7,25.8 or 25.9 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

    (c) A notice given by an employee under paragraph (a) must not:

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.7,25.8 or 25.9 or otherwise agreed by the employer and employee) are taken into account;or

      (ii) provide for the employee to take any period of paid annual leave of less than one week;or

      (iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

      (iv) be inconsistent with any leave arrangement agreed by the employer and employee.

    (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave in any period of 12 months.

    (e) The employer must grant paid annual leave requested by a notice under paragraph (a).

26. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

27. Community service leave

Community service leave is provided for in the NES.

28. Parental Leave

28.1 The entitlement to parental leave is set out in the NES.

28.2 The NES is supplemented by maintaining an entitlement to payment,in relation to maternity leave,adoption leave or paternity leave for employees in the classifications under this award who were entitled to payment for maternity leave,adoption leave or paternity leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth);

    (a) that applied to the employee or would have applied to the employee immediately prior to 1 January 2010,if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) applied to the employee;and

    (b) that would have entitled the employee to paid maternity leave,adoption leave or paternity leave.

29. Public holidays

29.1 Public holidays are provided for in the NES.

29.2 Substitution of public holidays by agreement

    By agreement between the employer and the majority of employees in an enterprise another day may be substituted for a public holiday.

Schedule A—Transitional Provisions

[Varied by PR991583,PR503719]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied:

    (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

    (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

    (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

    (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

    For the purposes of this schedule loading or penalty means a:

    ●casual or part-time loading;

    ●Saturday,Sunday,public holiday,evening or other penalty;

    ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503719 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classifications—Academic Teachers

[Varied by PR991583]

B.1 An academic teacher will be paid according to the salary scale set out in clause 14.1,and will be eligible for movement to the next salary point within the academic level as set out in the rates of pay as follows:

    (a) at the conclusion of each 12 month period,following the date of entry into an academic level as set out in the classification structure or the subsequent anniversary date;and

    (b) following a staff development/performance review.

B.2 Movement to the next salary point within the academic level will only occur when the employee has,over the preceding 12 months:

    (a) acquired and utilised additional skills,experience and knowledge within the ambit of the appropriate academic level,as set out in the classification standard and in accord with the priorities of the employer;and

    (b) demonstrated satisfactory performance against the appropriate academic level.

B.3 Movement to the next salary point will be effective from the anniversary date. In cases where a staff development/performance review is delayed,the anniversary date will not be changed and any increase in salary will be paid retrospectively to the anniversary date unless the delay is related to the acquisition of new skills and greater responsibility in which case the date of acquisition will be the effective date.

B.4 Where an employee has been absent for in excess of three months in aggregate during the 12 month period the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.

B.5 An academic staff development/performance review will be conducted annually. It will normally be conducted by the relevant supervisor and will be confidential. The aims of the review will include:

    (a) assessment of performance and the acquisition of skills over the preceding 12 months against objective criteria within the relevant academic level in the classification standards including:

      (i) undergraduate and postgraduate teaching as allocated by the supervisor in accordance with the organisational unit’s priorities;

      (ii) other undergraduate and postgraduate teaching as undertaken for the institution;

      (iii) contributions to scholarly research,creative and/or professional activities appropriate to the staff member’s profession or discipline;

      (iv) participation in the administration of the institution and/or provision of leadership and the undertaking of senior administration activities as allocated by the institution;and

      (v) contribution to professional activities relevant to the profession,discipline and/or community;and

    (b) identification of the development and training needs of the academic teacher in order to:

      (i) enable the acquisition and use of new skills,experience and knowledge in accordance with the priorities of the organisational unit and/or the institution;

      (ii) identify performance objectives;and

      (iii) ensure continued satisfactory performance within the ambit of the academic level.

B.6 The minimum salary paid to academic teachers employed on a casual basis to deliver lectures or tutorials will be the rates set out in clause 14.2,those rates are derived from three base rates calculated using the following formulae:

    (a) Lecturing—the base rate applicable to lecturing is determined by reference to the second step of the full-time Level B scale.

    (b) Duties involving possession of a relevant doctoral qualification—this is determined by reference to the sixth step of the full-time Level A scale.

    (c) Tutoring—the base rate applicable to tutoring is determined by reference to the second step of the full-time Level A scale.

B.7 Classification descriptors

    Academic teachers (other than casual academic teachers) will be classified into one of the following levels on the basis of which of the following descriptors most accurately describes the duties they undertake and their academic standing and experience.

B.7.1 Level A

    (a) A Level A academic teacher will work with support and guidance from more senior academic staff and is expected to develop their expertise in teaching and research with an increasing degree of autonomy. A Level A academic teacher will normally have completed four years of tertiary study or equivalent qualifications and experience and may be required to hold a relevant higher degree.

    (b) A Level A academic teacher will normally contribute to the teaching work of the employer at an undergraduate degree or graduate diploma level. Administration will generally be limited to the administration of the relevant unit or units of teaching they are engaged to teach.

    (c) An employee holding a relevant doctorate or responsible for the co-ordination of a subject or unit,will not be paid less than the sixth step of Level A.

B.7.2 Level B

    (a) A Level B academic teacher will undertake independent teaching and research in their discipline or related area. A Level B academic teacher will make an independent contribution through professional practice and expertise to the teaching effort of the employer,and may co-ordinate and/or lead the activities of other staff,as appropriate to the discipline.

    (b) A Level B academic teacher may be required to teach at any level,on the basis of an established record of independent scholarship,research and/or professional activities appropriate to their profession or discipline. They may undertake administration relating to their discipline and may be required to perform the full academic responsibilities of and related administration for the co-ordination of an award program of the institution.

B.7.3 Level C

    (a) A Level C academic teacher will play a major role or provide a significant degree of leadership in activities relevant to the profession,discipline and/or community and may be required to perform the full academic responsibilities of and related administration for the co-ordination of a large award program or a number of smaller award programs of the institution.

Schedule C—Classifications—Teachers and Tutor/instructors

[Varied by PR991583,PR504369]

C.1 Teachers and tutor/instructors will be paid according to the salary scale set out in clause 14.3.

C.1.1 On appointment a teacher will be placed on a salary level commensurate with the minimum salary for their qualifications and experience as determined by this schedule. The progress for a teacher classified as Category A,B,C,or D will be as follows:

    (a) Category A commences at Level 4 and progresses to a maximum of Level 12.

    (b) Category B commences at Level 3 and progresses to a maximum of Level 12.

    (c) Category C commences at Level 2 and progresses to a maximum of Level 12.

    (d) Category D commences at Level 1 and progresses to a maximum of Level 9.

    Provided that a Category D employee who achieves Level 9 may be promoted beyond that level where that employee can demonstrate that they are able to carry on the full duties of a Category A,B,or C teacher.

C.1.2 If an employer does not accept (fully or in part) the qualifications or experience of a teacher,the employer will advise the teacher in writing what qualifications or experience are not accepted or the extent to which they are not accepted.

C.1.3 Subject to the continuing satisfactory conduct,diligence and performance of a teacher and the acquisition and utilisation of skills and knowledge through experience,progression from one salary level to the next will occur on the completion of a year of full-time experience or equivalent part-time experience.

C.1.4 Where the employer considers that the conduct,diligence or performance of a teacher is not satisfactory or the teacher has not acquired and utilised increased skills and knowledge which could reasonably be expected to be acquired and utilised and for that reason considers that progress to the next salary level is not warranted,a formal review will be undertaken by the employer prior to the date when the increment is due.

C.1.5 When a teacher achieves the further experience or qualifications which entitle the teacher to an increase in salary the increase will be calculated on and from the first pay period after the results of the course are announced or the experience is gained.

C.2 Teachers employed in English language colleges or in TESOL courses

C.2.1 Based on an assessment of a teacher’s qualifications,a teacher will be classified in one of the following categories:

    (a) Category A—a teacher having a degree and diploma of education or equivalent and either a diploma in TESOL (e.g. Dip SRA,Grad Dip TESOL);or a postgraduate diploma in applied linguistics,languages other than English (LOTE),or multicultural education.

    (b) Category B—a teacher having a degree and diploma of education or equivalent plus a recognised TESOL certificate;or a degree and diploma including LOTE/TESOL method.

    (c) Category C—a teacher with a degree/diploma (three year minimum) plus a recognised TESOL certificate;or a degree/diploma (three year minimum) including LOTE/TESOL method.

    (d) Category D—other qualifications not provided for above and/or expected to acquire TESOL qualifications.

C.2.2 The following experience will be recognised as relevant experience:

    (a) full-time TESOL teaching to adults or secondary students in schools or equivalent in Australia to classes of not less than five students;

    (b) other full-time teaching,including in other languages,credited at the rate of one year of experience for each two years of such teaching,to a maximum of three years;

    (c) part-time experience will be recognised on a pro rata basis;and

    (d) where the teacher has worked for less than a full year,they will be accredited with experience in the proportion that the weeks worked over the 12 month period bears to the number of weeks normally required of a full-time teacher at the same institution.

C.2.3 Experience as a casual teacher teaching TESOL to adults or secondary students will be credited on the basis of the number of hours taught compared to the number of days or hours normally required of a full-time teacher at the same institution. Provided that for every 110 days during which a casual teacher is engaged they will be deemed to have not less than six months’service.

C.3 Teachers other than TESOL teachers

C.3.1 A teacher other than a TESOL teacher will be classified in accordance with the following:

    (a) Category A—a teacher with a five year degree or equivalent at university level in a field relevant to the teaching area.

    (b) Category B—a teacher with a four year degree or equivalent at university level in a field relevant to the teaching area.

    (c) Category C—a teacher with a three year degree or equivalent at university level in a field relevant to the teaching area.

    (d) Category D—any other teacher,including a Vocational Education and Training (VET) tutor who has the qualifications required by the accredited curriculum or training package and who delivers and/or assesses nationally recognised competency based training which may result in a qualification or Statement of Attainment under the Australian Recognition Framework (ARF).

C.3.2 For the purpose of this schedule experience will mean full-time adult teaching experience or equivalent part-time or casual experience.

C.3.3 Casual experience will be credited on the basis that 800 face-to-face teaching hours is equivalent to one year of full-time experience.

C.4 Tutor/instructors

[Varied by PR504369]

C.4.1 A Tutor/instructor will be classified in accordance with the following:

    (a) Tutor/instructor Level 1 is a person with appropriate subject knowledge and skills as determined by the employer. A Tutor/instructor Level 1 will commence at Level 1 and may progress to a maximum of Level 3.

[C.4.1(b) substituted by PR504369 from 01Jul10]

    (b) Tutor/instructor Level 2 is a person with appropriate subject knowledge and skills as determined by the employer and who has the minimum qualification of Certificate IV in Training and Assessment (TAA40104) or equivalent. A tutor/instructor Level 2 will commence at Level 2 and may progress to a maximum of Level 7.

C.4.2 For the purpose of this Schedule experience will mean full-time adult teaching experience or equivalent part-time or casual experience.

C.4.3 Casual experience will be credited on the basis that 800 face-to-face teaching hours is equivalent to one year of full-time experience.

C.5 Movement between pay points

C.5.1 An employee will be eligible for movement to the next pay point within the classification structure after each 12 month period,following a performance review which the employer will complete before the end of the 12 month period.

C.5.2 Where an employee has been absent for in excess of three months,in aggregate,during the 12 month period the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.

C.5.3 Where,due to the employer’s operational requirements,a performance review is not completed before the end of the 12 month period any resultant increase will take effect from the day on which the next 12 month period commenced.

C.5.4 Movement to the next pay point will only occur when the employee has,over the preceding 12 months:

    (a) acquired and utilised additional skills,experience and competencies within the ambit of the classification level and in accordance with the priorities of the employer;and

    (b) demonstrated satisfactory performance.

C.5.5 If the requirements in clause C.5.4 are not met at the conclusion of the 12 month period the employee will not progress to the next pay point until such time as the requirements are met.

Schedule D—General Staff

[Varied by PR991583]

D.1 Classification Definitions

D.1.1 Definition 1:Supervision

    (a) Close supervision

      Clear and detailed instructions are provided. Tasks are covered by standard procedures. Deviation from procedures or unfamiliar situations are referred to higher levels. Work is regularly checked.

    (b) Routine supervision

      Direction is provided on the tasks to be undertaken with some latitude to rearrange sequences and discriminate between established methods. Guidance on the approach to standard circumstances is provided in procedures. Guidance on the approach to non-standard circumstances is provided by a supervisor.

      Checking is selective rather than constant.

    (c) General direction

      Direction is provided on the assignments to be undertaken,with the employee determining the appropriate use of established methods,tasks and sequences.

      There is some scope to determine an approach in the absence of established procedures or detailed instructions,but guidance is readily available.

      Performance is checked by assignment completion.

    (d) Broad direction

      Direction is provided in terms of objectives which may require the planning of staff,time and material resources for their completion. Limited detailed guidance will be available and the development or modification of procedures by the employee may be required. Performance will be measured against objectives.

D.1.2 Definition 2:Qualifications

    Within the Australian Qualifications Framework:

    (a) Year 12

      Completion of a senior secondary certificate of education,usually in Year 12 of secondary school.

    (b) Trade certificate

      Completion of an apprenticeship,normally of four years duration,or equivalent recognition,e.g. Certificate III.

    (c) Post-trade certificate

      A course of study over and above a trade certificate and less than a Certificate IV.

    (d) Certificates I and II

      Courses that recognise basic vocational skills and knowledge,without a Year 12 prerequisite.

    (e) Certificate III

      A course that provides a range of well-developed skills and is comparable to a trade certificate.

    (f) Certificate IV

      A course that provides greater breadth and depth of skill and knowledge and is comparable to a two year part-time post-Year 12 or post-trade certificate course.

    (g) Diploma

      A course at a higher education or vocational educational and training institution,typically equivalent to two years full-time post-Year 12 study.

    (h) Advanced diploma

      A course at a higher education or vocational educational and training institution,typically equivalent to three years full-time post-Year 12 study.

    (i) Degree

      A recognised degree from a higher education institution,often completed in three or four years,and sometimes combined with a one year diploma.

    (j) Postgraduate degree

      A recognised postgraduate degree,over and above a degree as defined above.

      NOTE:Previously recognised qualifications obtained prior to the implementation of the Australian Qualifications Framework continue to be recognised. The above definitions also include equivalent recognised overseas qualifications.

D.1.3 Definition 3:Classification dimensions

    (a) Training level

      The type and duration of training which the duties of the classification level typically require for effective performance. Training is the process of acquiring skills and knowledge through formal education,on-the-job instruction or exposure to procedures.

    (b) Occupational equivalent

      Examples of occupations typically falling within each classification level.

    (c) Level of supervision

      This dimension covers both the way in which employees are supervised or managed and the role of employees in supervising or managing others.

    (d) Task level

      The type,complexity and responsibility of tasks typically performed by employees within each classification level.

    (e) Organisational knowledge

      The level of knowledge and awareness of the organisation,its structure and functions that would be expected of employees at each proposed classification level and the purposes to which that organisational knowledge may be put.

    (f) Judgment,independence and problem solving

      Judgment is the ability to make sound decisions,recognising the consequences of decisions taken or actions performed. Independence is the extent to which an employee is able (or allowed) to work effectively without supervision or direction. Problem solving is the process of defining or selecting the appropriate course of action where alternative courses of actions are available.

      This dimension looks at how much of each of these three qualities applies at each classification level.

    (g) Typical activities

      Examples of activities typically undertaken by employees in different occupations at each of the classification levels.

D.1.4 General Staff Level 1

    (a) Training level or qualifications

      Employees at the base of this level would not be required to have formal qualifications or work experience upon engagement.

      Persons advancing through this level may typically perform duties which require a skill level which assumes and requires:

      (i) knowledge,training or experience relevant to the duties to be performed;

      (ii) completion of Year 12 without work experience;

      (iii) completion of Certificates I or II with work related experience;or

      (iv) an equivalent combination of experience and training.

    (b) Occupational equivalent

      Labourer,security officer,administrative assistant,trainee for Level 2 duties.

    (c) Level of supervision

      Close supervision or,in the case of more experienced employees working alone,routine supervision.

    (d) Task level

      Straightforward administrative or manual duties,or elements of Level 2 duties under close supervision and structured on-the-job training. May be required to operate certain office or building equipment. Some knowledge of materials,e.g. cleaning chemicals may be required. With training and experience is able to perform a range of straightforward tasks where procedures are clearly established.

    (e) Organisational knowledge

      Will provide straightforward information to others on building or service locations. With training may provide general information and assistance to members of the public,students and other employees based on a broad knowledge of the employee’s work area/responsibilities including knowledge of the functions,locations and availability of particular personnel and services.

    (f) Judgment,independence and problem solving

      Resolve problems where alternatives for the employee are limited and the required action is clear or can be readily referred to higher levels.

      Employees advancing through this level will be able to solve relatively simple problems with reference to established techniques and practices and be able to choose between a range of straightforward alternatives.

      An employee after 12 months or two years at this level should be able to perform a combination of various routine tasks and rearrange work sequences within the parameters of prearranged work priorities.

    (g) Typical activities

      Perform a range of manual duties.

      In administrative positions,perform routine clerical and office functions which may include duties involving the inward and outward movement of mail,keeping,copying,maintaining and retrieving records,straightforward data entry and retrieval.

      Security officers may be involved in a range of patrol duties,including responding to alarms,following emergency procedures and preparing incident reports.

D.1.5 General Staff Level 2

    (a) Training level or qualifications

      Level 2 duties typically require a skill level which assumes and requires knowledge or training in clerical/administrative,trades or technical functions equivalent to:

      (i) completion of a trades certificate or Certificate III;

      (ii) completion of Year 12 or a Certificate II with relevant work experience;or

      (iii) an equivalent combination of relevant experience and/or education/training.

      Persons advancing through this level may typically perform duties which require further on-the-job training or knowledge and training equivalent to progress toward completion of a Certificate IV or Diploma.

    (b) Occupational equivalent

      Technical assistant/technical trainee,administrative assistant.

    (c) Level of supervision

      In technical positions,routine supervision,moving to general direction with experience. In other positions,general direction. This is the first level where supervision of other employees may be required.

    (d) Task level

      Task level will require some complexity. Apply body of knowledge equivalent to trade certificate or Certificate III,including diagnostic skills and assessment of the best approach to a given task.

    (e) Organisational knowledge

      Perform tasks/assignments which require knowledge of the work area processes and an understanding of how they interact with other related areas and processes.

    (f) Judgment,independence and problem solving

      Exercise judgment on work methods and task sequences within specified timelines and standard practices and procedures.

    (g) Typical activities

      (i) In technical assistant positions:

        ●assist a technical officer in operating a laboratory,including ordering supplies;

        ●assist in setting up routine experiments;

        ●monitor experiments for report to a technical officer;

        ●assist with the preparation of specimens;and

        ●assist with the feeding and care of animals.

        Employees would be expected to perform a greater range and complexity of tasks as they progressed through the level and obtained further training.

      (ii) In administrative positions perform a range of administrative support tasks including:

        ●standard use of a range of desktop based programs,e.g. word processing,established spreadsheet or database applications,and management information systems (e.g. financial,student or human resource systems). This may include store and retrieve documents,key and lay out correspondence and reports,merge,move and copy,use of columns,tables and basic graphics;

        ●to provide general administrative support to other employees including setting up meetings,answering straightforward inquiries and directing others to the appropriate personnel;and

        ●to process accounts for payment.

D.1.6 General Staff Level 3

    (a) Training level or qualifications

      Level 3 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) completion of a diploma level qualification with relevant work related experience;

      (ii) completion of a Certificate IV with relevant work experience;

      (iii) completion of a post-trades certificate and extensive relevant experience and on-the-job training;

      (iv) completion of a Certificate III with extensive relevant work experience;or

      (v) an equivalent combination of relevant experience and/or education/training.

    (b) Occupational equivalent

      Technical officer or technician,administrative above Level 2.

    (c) Level of supervision

      In technical positions,routine supervision to general direction depending upon experience and the complexity of the tasks. In other positions,general direction. May supervise or co-ordinate others to achieve objectives,including liaising with employees at higher levels. May undertake stand-alone work.

    (d) Task level

      May undertake limited creative,planning or design functions. Apply skills to a varied range of different tasks.

    (e) Organisational knowledge

      Perform tasks/assignments which require proficiency in the work area’s rules,regulations,processes and techniques and how they interact with other related functions.

    (f) Judgment,independence and problem solving

      (i) In technical positions,apply theoretical knowledge and techniques to a range of procedures and tasks.

      (ii) In administrative positions,provide factual advice which requires proficiency in the work area’s rules and regulations,procedures requiring expertise in a specialist area or broad knowledge of a range of personnel and functions.

    (g) Typical activities

      (i) In technical positions:

        ●develop new equipment to criteria developed and specified by others;

        ●under routine direction,assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations;and/or

        ●demonstrate the use of equipment and prepare reports of a technical nature as directed.

      (ii) In library technician positions:

        ●undertake copy cataloguing;

        ●use a range of bibliographic databases;

        ●undertake acquisitions;and/or

        ●respond to reference inquiries.

      (iii) In administrative positions:

        ●may use a full range of desktop based programs,including word processing packages,mathematical formulae and symbols,manipulation of text and layout in desktop publishing and/or web software and management information systems;

        ●plan and set up spreadsheets or database applications;

        ●be responsible for providing a full range of secretarial services;

        ●may be responsible for accounting transactions and the production of reports;

        ●provide advice to students on enrolment procedures and requirements;and/or

        ●administer enrolment and course progression records.

D.1.7 General Staff Level 4

    (a) Training level or qualifications

      Level 4 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) completion of a degree without subsequent relevant work experience;

      (ii) completion of an advanced diploma qualification and at least one year’s subsequent relevant work experience;

      (iii) completion of a diploma qualification and at least two years’subsequent relevant work experience;

      (iv) completion of a Certificate IV and extensive relevant work experience;

      (v) completion of a post-trade certificate and extensive (typically more than two years) relevant experience as a technician;or

      (vi) an equivalent combination of relevant experience and/or education/training.

    (b) Occupational equivalent

      Graduate (i.e. degree) or professional,without subsequent work experience on entry (including inexperienced computer systems officer). Administrator with responsibility for advice and determinations. Experienced technical officer.

    (c) Level of supervision

      In professional positions,routine supervision to general direction,depending on tasks involved and experience. In other positions,general direction and may supervise other staff.

    (d) Task level

      Apply body of broad technical knowledge and experience at a more advanced level than Level 3,including the development of areas of specialist expertise. In professional positions,apply theoretical knowledge,at degree level,in a straightforward way. In administrative positions,provide interpretation,advice and decisions on rules and entitlements.

    (e) Organisational knowledge

      Perform tasks/assignments which require proficiency in the work area’s rules,regulations,policies,procedures,systems,processes and techniques,and how they interact with other related functions,in order to assist in their adaptation to achieve objectives,and advise,assist and influence others.

    (f) Judgment,independence and problem solving

      In professional positions,solve problems through the standard application of theoretical principles and techniques at degree level. In technical positions,apply standard technical training and experience to solve problems. In administrative positions,may apply expertise in a particular set of rules or regulations to make decisions,or be responsible for co-ordinating a team to provide an administrative service.

    (g) Typical activities

      (i) In technical positions:

        ●develop new equipment to general specifications;

        ●under general direction,assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations;

        ●under broad direction,set up,monitor and demonstrate standard experiments and equipment use;and/or

        ●prepare reports of a technical nature.

      (ii) In library technician positions:

        ●perform at a higher level than Level 3;

        ●assist with reader education programs and more complex bibliographic and acquisition services;and/or

        ●operate a discrete unit within a library which may involve significant supervision or be the senior employee in an out-posted service.

      (iii) In administrative positions:

        ●responsible for the explanation and administration of an administrative function,e.g. student fees or HECS advice,records,determinations and payments,a centralised enrolment function,the organisation and administration of exams at a small campus;

        ●provide reports to management in account/financial,staffing;legislative requirements and other institutional activities;and/or

        ●administer salary and payroll requirements of the organisation.

      (iv) In professional positions and under professional supervision:

        ●provide a range of library services including bibliographic assistance,original cataloguing and reader education in library and reference services;and/or

        ●provide counselling services.

D.1.8 General Staff Level 5

    (a) Training level or qualifications

      Level 5 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) a degree with subsequent relevant experience;

      (ii) extensive experience and specialist expertise or broad knowledge in technical or administrative fields;or

      (iii) an equivalent combination of relevant experience and/or education/training.

    (b) Occupational equivalent

      Graduate or professional with subsequent relevant work experience (including a computer systems officer with some experience),line manager,experienced technical specialist and/or technical supervisor.

    (c) Level of supervision

      In professional positions,general direction;in other positions,broad direction. May have extensive supervisory and line management responsibility for technical,administrative and other non-professional employees.

    (d) Task level

      Perform work assignments guided by policy,precedent,professional standards and managerial or technical expertise. Employees would have the latitude to develop or redefine procedure and interpret policy so long as other work areas are not affected. In technical and administrative areas,have a depth or breadth of expertise developed through extensive relevant experience and application.

    (e) Organisational knowledge

      Perform tasks/assignments which require proficiency in the work area’s existing rules,regulations,policies,procedures,systems,processes and techniques and how they interact with other related functions,and to adapt those procedures and techniques as required to achieve objectives without impacting on other areas.

    (f) Judgment,independence and problem solving

      Discretion to innovate within own function and take responsibility for outcomes,design,develop and test complex equipment,systems and procedures,undertake planning involving resources use and develop proposals for resource allocation,exercise high level diagnostic skills on sophisticated equipment or systems,analyse and report on data and experiments.

    (g) Typical activities

      (i) In technical positions:

        ●manage a teaching or research laboratory or a field station;

        ●provide highly specialised technical services;

        ●set up complex experiments;

        ●design and construct complex or unusual equipment to general specifications;

        ●assist honours and postgraduate students with their laboratory requirements;and/or

        ●install,repair,provide and demonstrate computer services in laboratories.

      (ii) In administrative positions:

        ●provide financial,policy and planning advice;

        ●service a range of administrative and academic committees,including preparation of agendas,papers,minutes and correspondence;and/or

        ●monitor expenditure against budget.

      (iii) In professional positions:

        ●provide a range of library services,including bibliographic assistance,original cataloguing and reader education in library and reference services;

        ●provide counselling services;

        ●undertake a range of computer programming tasks;

        ●provide documentation and assistance to computer users;and/or

        ●analyse less complex user and system requirements.

D.1.9 General Staff Level 6

    (a) Training level or qualifications

      Level 6 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) a degree with at least four years’subsequent relevant experience;

      (ii) extensive experience and management expertise in technical or administrative fields;or

      (iii) an equivalent combination of relevant experience and/or education/training.

    (b) Occupational equivalent

      Senior librarian,technical manager,professional or scientific officer,senior administrator in a small organisation.

    (c) Level of supervision

      Broad direction. May manage other employees including administrative,technical and/or professional employees.

    (d) Task level

      Independently relate existing policy to work assignments or rethink the way a specific body of knowledge is applied in order to solve problems. In professional or technical positions,may be a recognised authority in a specialised area.

    (e) Organisational knowledge

      Detailed knowledge of academic and administrative policies and the interrelationships between a range of policies and activities.

    (f) Judgment,independence and problem solving

      Independently relate existing policy to work assignments,rethink the way a specific body of knowledge is applied in order to solve problems,adapt procedures to fit policy prescriptions or use theoretical principles in modifying and adapting techniques. This may involve stand-alone work or the supervision of employees in order to achieve objectives. It may also involve the interpretation of policy which has an impact beyond the immediate work area.

    (g) Typical activities

      (i) In a library,combine specialist expertise and responsibilities for managing a library function.

      (ii) In student services,the training and supervision of other professional employees combined with policy development responsibilities which may include professional development activities contributing to the profession and publication.

      (iii) In technical manager positions,the management of teaching and scientific facilities.

      (iv) In administrative positions,provide senior administrative support to a small organisation,or manage a functional unit with some complexity in a larger organisation.

D.1.10 General Staff Level 7

    (a) Training level or qualifications

      Level 7 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) postgraduate qualifications or progress towards postgraduate qualifications and extensive relevant experience;

      (ii) extensive experience and management expertise;or

      (iii) an equivalent combination of relevant experience and/or education/training.

    (b) Occupational equivalent

      Manager (including administrative,professional or scientific),senior administrator in a medium sized organisation.

    (c) Level of supervision

      Broad direction,working with a degree of autonomy. May have management responsibility for a functional area and/or manage other employees including administrative,technical and/or professional employees.

    (d) Task level

      Work at this level is likely to require the development of new ways of using a specific body of knowledge which applies to work assignments,or may involve the integration of other specific bodies of knowledge.

    (e) Organisational knowledge

      The employees will be expected to make policy recommendations to others and to implement programs involving major change which may impact on other areas of the institution’s operations.

    (f) Judgment,independence and problem solving

      Responsible for program development and implementation. Provide strategic support and advice requiring integration of a range of organisational policies and external requirements,and an ability to achieve objectives operating within complex organisation structures.

    (g) Typical activities

      (i) Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources.

      (ii) Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity.

      (iii) Manage a small or specialised unit where significant innovation,initiative and/or judgment are required.

      (iv) Provide senior administrative support to organisations of medium complexity,taking into account the size,budget,course structure,external activities and management practices.

D.1.11 General Staff Level 8

    (a) Training level or qualifications

      Level 8 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) postgraduate qualifications and extensive relevant experience;or

      (ii) extensive management experience and proven management expertise;or

      (iii) an equivalent combination of relevant experience and/or education/training.

    (b) Occupational equivalent

      Manager (including administrative,professional or scientific),senior administrator in a more complex organisation.

    (c) Level of supervision

      Broad direction,working with a considerable degree of autonomy. Will have management responsibility for a major functional area and/or manage other employees including administrative,technical and/or professional employees.

    (d) Task level

      Demonstrated capacity to conceptualise,develop and review major professional,management or administrative policies at the corporate level. Significant high level creative,planning and management functions. Responsibility for significant resources.

    (e) Organisational knowledge

      Conceptualise,develop and review major policies,objectives and strategies involving high level liaison with internal and external client areas. Responsible for programs involving major change which may impact on other areas of the institution’s operations.

    (f) Judgment,independence and problem solving

      Responsible for significant program development and implementation. Provide strategic support and advice (e.g. to schools or faculties or at the corporate level) requiring integration of a range of internal and external policies and demands,and an ability to achieve broad objectives while operating within complex organisational structures.

    (g) Typical activities

      (i) Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources.

      (ii) Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity and the integration of internal and external requirements.

      (iii) Manage a small and specialised unit where significant innovation,initiative and/or judgment are required.

      (iv) Provide senior administrative support to the more complex organisations,taking into account the size,budget,course structure,external activities and management practices.

D.1.12 General Staff Level 9

    (a) Training level or qualifications

      Level 9 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) proven expertise in the management of significant human and material resources;and

      (ii) in some areas postgraduate qualifications and extensive relevant experience.

    (b) Occupational equivalent

      Senior program manager or administrative manager.

    (c) Level of supervision

      Broad direction,operating with a high overall degree of autonomy. Will have substantial management responsibility for diverse activities and/or employees (including administrative,technical and/or professional employees).

    (d) Task level

      Complex,significant and high level creative planning,program and managerial functions with clear accountability for program performance. Comprehensive knowledge of related programs. Generate and use a high level of theoretical and applied knowledge.

    (e) Organisational knowledge

      Bring a multi-perspective understanding to the development,carriage,marketing and implementation of new policies;devise new ways of adapting the organisation’s strategies to new,including externally generated,demands.

    (f) Judgment,independence and problem solving

      Be fully responsible for the achievement of significant organisational objectives and programs.

    (g) Typical activities

      (i) Manage a large functional unit with a diverse or complex set of functions and significant resources.

      (ii) Manage a more complex function or unit where significant innovation,initiative and/or judgment are required.

      (iii) Provide senior administrative support to the most complex and larger organisations involving complex course structures,significant staff and financial resources,outside activities and extensive devolution of administrative,policy and financial management responsibilities to this position.

D.2 Movement between pay points

D.2.1 Where there is more than one pay point for a classification level an employee will be eligible for movement to the next pay point within the classification level after each 12 month period,following a performance review that the employer will complete before the end of the 12 month period.

D.2.2 Where an employee has been absent for in excess of three months in aggregate during the 12 month period,the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.

D.2.3 Where,due to the employer’s operational requirements,a performance review is not completed before the end of the 12 month period any resultant increase will take effect from the day on which the next 12 month period commenced.

D.2.4 Movement to the next pay point within a classification level will only occur when the employee has,over the preceding 12 months:

    (a) acquired and utilised additional skills,experience and competencies within the ambit of the classification level and in accord with the priorities of the employer;and

    (b) demonstrated satisfactory performance against the relevant position classification descriptors.

D.2.5 If the requirements in this clause are not met at the conclusion of the 12 month period the employee will not progress to the next pay point within the classification level until such time as the requirements are met.

Schedule E—Supported Wage System

[Varied by PR991583,PR994542,PR998748,PR510670,PR525068,PR537893,PR542195,PR551831,PR568050,PR581528,PR592689]

E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

[E.2 varied by PR568050 ppc 01Jul15]

E.2 In this schedule:

    approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

    assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

    disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth),as amended from time to time,or any successor to that scheme

    relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

    supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au

    SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

E.3 Eligibility criteria

E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

E.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

E.4 Supported wage rates

E.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

    Assessed capacity (clause E.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[E.4.2 varied by PR994542,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

E.4.2 Provided that the minimum amount payable must be not less than $84 per week.

E.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

E.5 Assessment of capacity

E.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.

E.6 Lodgement of SWS wage assessment agreement

[E.6.1 varied by PR542195 ppc 04Dec13]

E.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

[E.6.1 varied by PR542195 ppc 04Dec13]

E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

E.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

E.8 Other terms and conditions of employment

Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

E.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

E.10 Trial period

E.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[E.10.3 varied by PR994542,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

E.10.3 The minimum amount payable to the employee during the trial period must be no less than $84 per week.

E.10.4 Work trials should include induction or training as appropriate to the job being trialled.

E.11 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause E.5.

Schedule F—National Training Wage

[Varied by PR991583,PR994542,PR997981,PR509106,PR522937,PR536740,PR545787,PR551663,PR566753,PR579855;deleted by PR593854 ppc 01Jul17]

Schedule G—2016 Part-day Public Holidays

[Sched G inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863 ppc 31May16]

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

G.1 Where a part-day public holiday is declared or prescribed between 7.00pm and midnight on Christmas Eve (24 December 2016) or New Year’s Eve (31 December 2016) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

    (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

    (c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

    (d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

    (e) Excluding annualised salaried employees to whom clause G.1(f) applies,where an employee works any hours between 7.00pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

    (f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00pm and midnight.

    (g) An employee not rostered to work between 7.00pm and midnight,other than an employee who has exercised their right in accordance with clause G.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

This schedule is not intended to detract from or supplement the NES.

This schedule is an interim provision and subject to further review.

Schedule H—Agreement to Take Annual Leave in Advance

[Sched H inserted by PR582994 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule I—Agreement to Cash Out Annual Leave

[Sched I inserted by PR582994 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule J—Agreement for Time Off Instead of Payment for Overtime

[Sched J inserted by PR584094 ppc 22Aug16]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ____ am/pm

Date and time overtime ended:___/___/20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

About this document
(1)
Code:
MA000075
Title:
Educational Services (Post-Secondary Education) Award 2010
Effective:
29 Jul 2017
Updated:
2 Aug 2017
Instrument Type:
Modern Award
(27)
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Post-Secondary Education) Award 2010
(19)
(1)
2 Sep 2016
(25)
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