School Teachers Enterprise Agreement 2011 2014 Part 2

ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section O Structural matters
Section O Structural matters

O1
O1.1
Classification and local designations
Under this Agreement the names of teaching classifications are as follows: Current classifications Classroom Teacher Preferred local designations: Teacher, School Counsellor Executive Teacher, Executive Teacher (Professional Practice), Executive Teacher (Pastoral Care), Literacy and Numeracy Field Officer, Executive Officer, Project Officer, Senior Counsellor Deputy Principal, Assistant Manager, Senior Project Officer, Principal, Manager, Principal Project Officer School Network Leader
School Leader C
School Leader B
School Leader A
School Network Leader
O2
O2.1
Review of principal structure
During 2012, a review of the current principal structure will be conducted. This review will be managed by the joint Directorate/AEU Implementation Committee. A project officer will be appointed to: (a) provide regular reports to the Implementation Committee; (b) develop a project plan for the review; (c) identify the main issues and concerns to be addressed in the review; (d) research systems for determining principal salaries; (e) consult broadly with key stakeholders on models and proposals; and develop a report providing options and recommendations to improve or reform the current (f) principal structure. The objectives of the review are to: (a) ensure a career structure for principals through the opportunity to work in different schools and other work locations; (b) develop a simple and transparent system for determining principal salaries that recognises the relative complexities and differences across schools and schooling sectors; and (c) provide increased salary certainty during each placement period. Outputs of the review will include: (a) a final report to be provided to the Implementation Committee by the end of July 2012; (b) a proposed implementation plan including appropriate transition arrangements; and recommendations agreed by the Implementation Committee, which will be provided to the (c) Director-General by the end of August 2012.
O2.2
O2.3
O2.4
O2.5
Implementation of recommendations will be dependent on: (a) agreement by the Implementation Committee; only agreed recommendations will be implemented; (b) acceptance by the Director-General; and (c) availability of funding. If no additional funding is required, the agreed recommendations will be implemented no later than the commencement of the 2013 school year. If additional funding is required, the agreed recommendations will be implemented following funding being acquired, or through the next enterprise agreement. Until the agreed recommendations of the review are implemented, principal salaries and conditions, school categories and advancements will be as per Annex A4, clause O3 and clause O4 of this Agreement.
O2.6
O2.7
O3
O3.1
School categories
School categories are based on total school budget allocation. The total school budget is the schools salary budget (staffing points allocation converted to a monetary value with reference to the relevant salary rates) and the appropriate school based management (SBM) allocation. School categories are determined by the budget band within which the total school budget lies. Budget bands are determined and distributed annually. Details of budget bands are contained in Guidelines for school categories and advancements agreed between the Directorate and the AEU and listed at clause M2 of this Agreement. Annual adjustment of school categories Following February census each year, the budget bands are adjusted to reflect changes in factors such as staff numbers, salaries and SBM allocations. Each school will be advised of its school category and budget limit by 1 April each year. Any reclassification will take effect from the first pay period on or after 1 April each year. A revised list will be published by the Directorate on its intranet following adjustments applied from 1 April each year. All office based School Leader A (manager) positions will be Category 5 unless additional advancements are determined in this agreement. When changes to school category occur, the following will apply: If the salary applicable to the changed school category is less than the salary currently applicable to the principal at that school, the following will apply in the first 12 months following change of category, unless otherwise determined by the head of service: (a) the base salary will be frozen at the level applicable to the school immediately prior to change of category until the new school salary for that category exceeds this salary; and principals will be considered for transfer to vacancies at School Leader A classification for (b) which they apply. At the end of the 12 months from the date of change in school category, a principal who has not moved from their current placement will be deemed to have accepted continuing placement under the new category determination and salary level will be adjusted accordingly unless the head of service determines otherwise. During the life of this Agreement, schools may be changed to the appropriate category when: (a) (b) (c) the principal position becomes vacant; or the total school budget changes as a result of budget review; or required due to the implementation of proposed system restructures.
O3.2
O3.3
O3.4
O3.5
O3.6
O3.7
O3.8
Where a schools budget reclassification: (a) moves the schools category by at least two salary points, including advancements, the position will be declared vacant and advertised accordingly and the principal will be treated in accordance with subclause O3.5(b); (b) does not require the position to be declared vacant under subclause O3.8(a), the principal will be confirmed at the new category level; reduces the schools category level, the school will be placed on review until the next (c) February census data is available, and the principal will be treated in accordance with subclause O3.5(b). A school under review as outlined in subclause O3.8(c) will be reconsidered when the next February census data is available. The school will be: (a) confirmed at its current level and removed from review; or (b) confirmed at the lower category level. In this case the principal will be entitled to: i treatment in accordance with subclause O3.5(b); ii salary maintenance in accordance with subclause O3.5; and iii confirmation at the lower category level with appropriate salary adjustment if they have not moved to a different school by the following February census date, unless the head of service determines otherwise. The initial salary level of a principal position at a new school opened during the life of this Agreement will be determined by reference to the projected total school budget three years from opening. On completion of the review of principal structure outlined at clause O2 of this Agreement, implementation of agreed recommendations will supersede the provisions of clause O3.
O3.9
O3.10
O3.11
O4
O4.1
Advancements
In addition to a principals salary based on the school category, salary advancement will be paid in recognition of complexities that apply in the management of individual schools. Salary advancements are paid as salary for all purposes. The salary advancement is only paid while the principal continues to occupy the School Leader A position at the school. Details of advancements are contained in Guidelines for school categories and advancements agreed between the Directorate and the AEU and listed at clause M2 of this Agreement. The following complexity advancements apply: Complexity Budget Category 5 school with a budget above $7.0m Category 4 school with a budget above $2.95m Category 3 school with a budget above $2.2m Enrolment Student enrolment in excess of 1250 students Senior secondary requirements Management of the assessment and moderation requirements associated with offering a senior secondary program 1 1 1 1 1 No. of advancements
O4.2
Multiple provision Combinations of the four standard schooling provisions (years P-6, 7-10, 11-12 and special school). Combinations involving part of an additional schooling provision which exceeds 50% of the additional provision. Combined services Combination of a schooling provision with: an ACT community library a CIT facility a childcare centre a community leisure centre 1 for a service 2 for more than one service 1 per additional provision
School specific Birrigai@Tidbinbilla Jervis Bay O4.3 1 2
The total school budget levels for each budget complexity will be calculated each year following calculation of the school budget bands. The budget figures referred to in the table will be adjusted in accordance with subclause O3.2. The head of service may approve advancements for other positions occupied by principals on a short term or ongoing basis. On completion of the review of principal structure outlined at clause O2 of this Agreement, implementation of agreed recommendations will supersede the provisions of clause O4.
O4.4
O4.5
O5
O5.1
Minimum leadership structure
O5.2
Principals, in consultation with the school network leader, have the capacity to decide on the composition of the schools leadership structure, including principal, deputy principal and executive teacher positions. To manage the operations of the school, the following minimum leadership structure will apply in schools. In addition to a principal position: (a) (b) (c) (d) (e) Category 5+ and above schools will have a minimum of nine leadership positions including at least one deputy principal and at least one executive teacher. Category 5 schools will have a minimum of eight leadership positions including at least one deputy principal and at least one executive teacher. Category 4++ schools will have a minimum of seven leadership positions including at least one deputy principal and at least one executive teacher. Category 4+ schools will have a minimum of four leadership positions including at least one deputy principal and at least one executive teacher. With the exception of Birrigai@Tidbinbilla and Jervis Bay School, category 4 schools will have a minimum of three leadership positions including at least one deputy principal and at least one executive teacher. Category 3 schools will have a minimum of one deputy principal and one executive teacher unless a variation is agreed by the school network leader. Birrigai@Tidbinbilla, Jervis Bay School and Category 2 schools will have a minimum of one leadership position with a teaching load of no more than 12 hours per week.
(f) (g) O5.3
The minimum leadership structure requirement does not include school leadership positions with a specific focus, e.g. Executive Teacher (Professional Practice), Executive Teacher (Pastoral Care) and Literacy and Numeracy Field Officer.
O5.4
The Directorate and the AEU agree to review minimum leadership structure as required and implement any agreed changes.
O6
O6.1
Executive Teacher (Professional Practice)
The Executive Teacher (Professional Practice) provides a new career opportunity for teachers with a focus on exemplary classroom teaching and capacity building in teaching practice. The roles and responsibilities of the Executive Teacher (Professional Practice) are classroom focussed and may include: (a) modelling exemplary classroom teaching (b) coaching and mentoring teachers and student teachers (c) leading professional learning programs to build teaching practice actively participating in development and implementation of curriculum, pedagogy and (d) assessment. The School Leadership Capabilities Framework, listed at clause M2 of this Agreement, will be updated to include Executive Teacher (Professional Practice). Arrangements for implementation will be as follows: (a) The Directorate identifies centrally-funded Executive Teacher (Professional Practice) positions in schools. (b) Executive Teacher (Professional Practice) positions are advertised, including school level job descriptions. The requirements of individual positions will be determined on a school-by-school basis in accordance with parameters agreed between the Directorate and the AEU. (c) Selection processes will be as for school leaders except that a central selection committee will assess applicants against the capabilities and match skills and teaching areas for placement in identified positions. (d) Initial placement is for five years. (e) Placement and transfer processes are as per normal teacher transfer provisions with the addition of including a Director-General nominee. (f) Executive Teachers (Professional Practice) maintain their status as promoted officers. These arrangements may be varied by agreement between the Directorate and the AEU.
O6.2
O6.3
O6.4
O6.5
O7
O7.1
Additional salary classifications
The introduction of any new or additional salary classifications, including any based on national professional standards, will only occur after negotiation and agreement between the Directorate and the AEU. If agreement is not reached such classifications will not be implemented.
O8
O8.1
Classroom teacher incremental progression
Common increment date From 27 January 2012, all teachers, other than those specifically exempted, will move to a common increment date of 27 January under the proposal agreed between the Directorate and the AEU and outlined in the Framework for implementing a common increment date for classroom teachers (Framework) agreed between the Directorate and the AEU and listed at clause M2 of this Agreement. The Framework: (a) is based on the principle that no teacher will be disadvantaged in implementing the common increment date; (b) outlines the provisions for maintenance of the common increment date of 27 January; and (c) will only be amended by agreement between the Directorate and the AEU. Incremental progression Movement through the classroom teacher incremental scale is based on performance and is in
O8.2
O8.3
recognition of competence, developing expertise and the assumption of broader professional responsibilities, as detailed in clause R6 of this Agreement. As excellence develops, there is a corresponding professional responsibility to contribute to the future of the teaching profession by sharing expertise and experience. O8.4 During the annual professional discussion, the principal/supervisor and classroom teacher will discuss expectations of performance and professional responsibilities in relation to the teachers incremental level. These expectations for classroom teachers are detailed at clause R6 of this Agreement. Classroom teachers at increments 1.1-3.1 who meet the expectations at the relevant stage will progress one increment on 27 January each year until the top increment (3.2) is reached. The exceptions will be accelerated progression in accordance with subclause O8.7 and deferral of increment. Further details are contained in the Annual Profession Discussion Guidelines agreed between the Directorate and the AEU and listed at clause M2 of this Agreement. A temporary classroom will be entitled to progress through the incremental scale in the same way as a permanent teacher, in accordance with subclause N3.2 of this Agreement. Accelerated incremental progression Classroom teachers in their second to seventh year of teaching experience (i.e. at increments 1.2 to 2.4) who demonstrate outstanding performance with regard to expectations of performance and professional responsibilities detailed at clause R6, may be awarded an additional salary increment through the following process: (a) through the annual profession discussion, the principal, in consultation with their school network leader, may recommend that a teacher undertake assessment for accelerated incremental progression on the basis of outstanding performance; (b) the teacher develops a portfolio of evidence for outstanding teaching competencies under specified assessment criteria over a four to six month period; (c) a central assessment panel evaluates the evidence presented by the teacher and may gather other evidence as appropriate, for example through classroom observations and/or discussions with the teacher, supervisor and colleagues; based on an assessment of outstanding performance, the panel may recommend to the head of (d) service that an additional increment be awarded. A maximum of one additional increment within the classroom teacher salary scale may be awarded to a teacher in any school year, to take effect on the next 27 January. This process may be repeated each year if the teacher continues to demonstrate outstanding performance at the relevant stage.
O8.5
O8.6
O8.7
O8.8
O8.9
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section P Teaching loads
Section P Teaching loads

P1
P1.1 P1.2
The school year
The school year is a maximum of 197 days in length. The first day of the school year is a day when schools are not open for student attendance.
P2
P2.1 P2.2
The teaching year
The teaching year is the period during which the school is open for student attendance. The teaching year is 196 days for the preschool, primary and secondary sectors. However, in colleges, 170 days are teaching days with the balance acquitted through assessment, moderation and other teaching and learning related activities. Any adjustment to the number of teaching days specified must be approved by the head of service.
P2.3
P3
P3.1
Face-to-face teaching
Face-to-face teaching, in relation to a particular teacher: (a) means regular rostered teaching sessions in a documented approved course of study for which the teacher has primary responsibility for education delivery; and (b) includes sessions of direct student instruction rostered or required by the principal: i as inbuilt relief (a class for which the teacher is not ordinarily timetabled or scheduled as responsible at that time); or ii for curricular or pastoral functions involving student supervision, student counselling or consultation; or iii in the case of a teacher librarian, for student contact and consultation in the library.
P4
P4.1
Face-to-face teaching loads
Preschools and primary schools Classroom teachers in preschools and primary schools may be required to teach a maximum of 21 hours and 30 minutes face-to-face per week. Classroom teachers in their first year of teaching following graduation may be required to teach a maximum of 20 hours face-to-face per week, in accordance with subclauses R5.1-R5.3 of this Agreement. With the exception of Executive Teacher (Professional Practice), Executive Teacher (Pastoral Care) and Literacy and Numeracy Field Officers, school based School Leader C (SLC) officers in primary schools may be required to teach a maximum of 16 hours face-to-face per week. School based SLC officers at Birrigai@Tidbinbilla, Jervis Bay School and the Cooperative School may be required to teach a maximum of 12 hours face-to-face per week. Executive Teachers (Professional Practice) may be required to teach up to a maximum of 21 hours 30 minutes face-to-face per week. This maximum includes any time spent modelling exemplary classroom teaching and observing other classroom teaching for the purpose of coaching and mentoring. Specific teaching loads will be determined on a school-by-school basis in accordance with clause O6 of this Agreement. The face-to-face teaching component may be varied in consultation with the Executive Teacher (Professional Practice). There are no teaching load requirements specified for Executive Teacher (Pastoral Care) and Literacy and Numeracy Field Officers.
P4.2
P4.3
P4.4
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section P Teaching loads
P4.5
School based School Leader B (SLB) officers may be required to teach a maximum of eight hours faceto-face per week. There are no teaching load requirements specified for School Leader A (SLA) officers. Other arrangements in respect of playground duty supervision and other non-teaching requirements of teachers will be set by each school on the basis of their staffing provisions. High schools and colleges Classroom teachers in high schools and colleges may be required to teach a maximum of 19 hours faceto-face per week averaged over the teaching year. Classroom teachers in their first year of teaching following graduation may be required to teach a maximum of 18 hours face-to-face per week averaged over the teaching year, in accordance with subclauses R5.1-R5.3 of this Agreement. With the exception of Executive Teacher (Professional Practice), Executive Teacher (Pastoral Care) and Literacy and Numeracy Field Officers, school based School Leader C (SLC) officers may be required to teach a maximum of 12 hours face-to-face per week. Executive Teachers (Professional Practice) may be required to teach up to a maximum of 19 hours faceto-face per week. This maximum includes any time spent modelling exemplary classroom teaching and observing other classroom teaching for the purpose of coaching and mentoring. Specific teaching loads will be determined on a school-by-school basis in accordance with clause O6 of this Agreement. The face-to-face teaching component may be varied in consultation with the Executive Teacher (Professional Practice). There are no teaching load requirements specified for Executive Teacher (Pastoral Care) and Literacy and Numeracy Field Officers. School based School Leader B (SLB) officers may be required to teach a maximum of eight hours faceto-face per week. There are no teaching load requirements specified for School Leader A (SLA) officers. Other arrangements in respect of playground duty supervision and other non-teaching requirements of teachers will be set by each school on the basis of their staffing provisions. P-10 schools and alternative settings Teaching loads in P-10 schools and alternative settings may be required to undertake face-to-face teaching loads up to the maximum specified for the section of the school in which they work (e.g. preschool, primary school, high school or college). The principal will facilitate procedures for the collation of data on teaching loads at least annually.
P4.6 P4.7
P4.8
P4.9
P4.10
P4.11
P4.12
P4.13 P4.14
P4.15
P4.16
P5
P5.1
Variation in face-to-face teaching loads
With approval from the relevant school network leader, principals may vary face-to-face teaching loads for individual teachers within the maximum specified in clause P4. The purpose for which such variations may be approved will be related to professional responsibilities and specified in the guidelines.
P6
P6.1
Voluntary additional loads
Nothing in clauses P1 P5 will preclude a teacher from agreeing to a greater teaching load than specified, on a voluntary basis.
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section Q Monitoring of workloads
Section Q Monitoring of workloads

Q1
Q1.1
Individual workloads and professional responsibilities
The remuneration package paid to teachers is for the total performance of an officers role as a professional and not simply for hours spent at the workplace. The professional role and regular pattern of work of a teacher includes attendance at staff meetings, faculty meetings, parent/teacher interviews and other required professional or school activities, in addition to hours of face-to-face teaching, release time, rostered supervision and professional learning. In recognition of the broad range of professional duties, the pattern of required hours of attendance may vary from school to school and may be negotiated with the principal on an individual or collective basis. Such arrangements must be recorded and must contain a mechanism for review at least once each year. These variations will be made in accordance with Part 1 clause G3 of this Agreement. The required hours of attendance for a part time teacher are pro rata, based on their part time fraction. Breaks: (a)
Q1.2
Q1.3
Q1.4
Q1.5
(b)
There is an expectation that teachers should be able to access reasonable breaks during the working day. The minimum break over a school day is 30 minutes, which is separate from normal release time. The arrangements may vary from school to school, taking into account operational requirements. The duration of such a break is not included in the required hours of attendance detailed in subclause Q1.3.
Q2
Q2.1
School monitoring of workload and practice
Good management practice in every school includes the regular review of work practice and general procedures in the workplace. The responsibility to review and monitor teacher workload issues at the school site rests with the school leadership and all teachers. Each school must establish a school workload committee to monitor, review and address workload issues. The workload monitoring committee must include a member nominated by the schools AEU sub-branch. Where any workload issues cannot be resolved at the school level, the principal is to notify the relevant school network leader. Regular review by the committee should be seen as an opportunity to shed outdated non-mandatory programs, where appropriate, and to reassess practice and procedure to ensure the most efficient systems are in place for the benefit of all teachers. The committee must consider the working arrangements for vocational education teachers at the school. Scheduling of meetings and other activities (a) As outlined in subclause Q1.2 teachers professional responsibilities and patterns of work extend beyond hours of face-to-face teaching, release time, rostered supervision and professional learning. The Directorate and the AEU acknowledge that teachers have an obligation to attend to their professional responsibilities. The Directorate and the AEU further acknowledge that teachers working in schools and colleges may have personal responsibilities that need to be discharged. (b) Accordingly, teachers must take account of their ongoing professional obligations in planning their personal commitments and schools must consider such issues in scheduling meetings and other activities at which teacher attendance is required.
Q2.2
Q2.3
Q2.4
Q2.5
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section Q Monitoring of workloads
(c)
(d)
Reasonable notice should be provided of meetings and other activities at which teacher attendance is required. Where possible, regular meetings and other scheduled activities should be included in the year/term planner. Schools negotiate local arrangements around meetings and other activities at which teacher attendance is required. Such arrangements must contain a mechanism for review at least once each year.
Q2.6
The internal review procedures, detailed in Part 1 Section I of this Agreement, provide an avenue for further consideration where a teacher and their school leaders are not able to reconcile issues concerning workload management.
Q3
Q3.1
Systemic management of workload issues
The Directorate and the AEU acknowledge that: (a) the current level of workload is an issue that teachers and school leaders believe needs to be addressed; (b) the issue of teacher and school leader workload has many facets; and workload should be monitored at all levels to ensure equitable distribution and the (c) maintenance of a healthy and productive workplace. The Directorate has responsibility for management of systemic workload issues. The Directorate acknowledges this responsibility in relation to the introduction of new initiatives, projects and programs within the public education system. Proposals for new programs, projects and initiatives in public education come from a range of sources. Such matters must be subject to careful analysis prior to any consideration of implementation. Consideration of new initiatives, proposals, or special projects affecting teachers and school leaders must occur at system level and involve consultation with the AEU and other relevant stakeholders. This consultation will determine principles to be observed in assessing the desirability of implementing the proposal. Such consideration must address issues such as system priorities, resources, curriculum implications and work-life balance. The Assessment of Potential Workload Impacts tool, listed at clause M2 of this Agreement, is available to inform discussion and planning of new initiatives. The Directorate and the AEU will negotiate and agree appropriate arrangements/working conditions for teachers delivering vocational education and training in secondary schools and trades training centres.
Q3.2
Q3.3
Q3.4
Q3.5
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section R Teaching as a profession
Section R Teaching as a profession

R1
R1.1
Code of professional practice
The Code of Professional Practice outlines expected professional behaviours of teachers covered by this Agreement and is structured to complement section 9 of the PSM Act. If a teachers actions breach the Code of Professional Practice and thereby Section 9 of the PSM Act, discipline action in accordance with Section H of this Agreement may be taken.
R2
R2.1
National Professional Standards for Teachers
The National Professional Standards for Teachers (Australian Institute for Teaching and School Leadership, February 2011) were endorsed by the Ministerial Council for Education, Early Childhood Development and Youth Affairs in December 2010. These standards describe teachers professional knowledge, professional practice and professional engagement at four career stages of graduate teacher, proficient teacher, highly accomplished teacher and lead teacher.
R3
R3.1
Annual professional discussion
The annual professional discussion between individual classroom teachers and their principal and/or supervisor affirms and draws together practices that support and recognise teacher development and promote a capable and sustainable teaching workforce. These practices include: (a) Professional Pathways and Pathways to Improvement; (b) career planning; (c) teacher transfer; and (d) classroom teacher incremental progression. The annual professional discussion is a forum for each classroom teacher and their principal and/or supervisor to reflect on and discuss the teachers current performance and professional responsibilities at the school and to plan opportunities for continuing improvement and professional growth. The annual professional discussion enables the principal and/or supervisor to give the teacher supportive feedback on achievements and areas for development and, where appropriate, work through any performance issues. Opportunities are explored for the teacher to undertake professional roles and responsibilities within the school in accordance with their Professional Pathways and career plans. The principal plans with the teacher the optimum time for them to transfer, with regard to the teachers career plans and the needs of the school to sustain and renew educational programs. Incremental progression, where applicable, is discussed in relation to expectations of performance and professional responsibilities outlined in clause R6 of this Agreement. Principals/managers will ensure that the annual professional discussion is conducted with all permanent and long term temporary classroom teachers in accordance with the Annual professional discussion guidelines agreed between the Directorate and the AEU and listed at clause M2 of this Agreement.
R3.2
R3.3
R3.4
R3.5
R3.6
R4
R4.1
Developing classroom teachers
The following three stages for classroom teachers have been included for the purposes of targeting development and support and identifying expectations of performance and professional responsibilities, as detailed in clause R6 of this Agreement:
(a) (b) (c)
New Educators at increments 1.1 to 1.3 Experienced Teachers 1 at increments 2.1 to 2.4 Experienced Teachers 2 at increments 3.1 and 3.2.
R5
R5.1
New educator development
First year of teaching experience Teachers in their first year of teaching experience following graduation have reduced face-to-face teaching hours to facilitate enhanced support and mentoring: (a) a maximum of 20 hours per week in preschools and primary schools; and (b) a maximum of 18 hours per week in high schools and colleges. The reduction in face-to-face teaching hours represents an additional time allocation of 60 hours in preschool/primary schools and 40 hours in secondary schools per teacher per year. This time is to be used flexibly to provide a coaching and mentoring support program designed to meet the development needs of each first year teacher. The specific organisational details will be decided by the school in adapting the program for the teacher over time, for example: (a) releasing the first year teacher and/or the mentoring teacher, as appropriate; (b) allocating the time weekly, fortnightly or monthly for planned purposes; or concentrating the time allocation and support program within an appropriate period during (c) the teachers first year, e.g. within the first semester. The provision outlined in this clause for teachers in their first year of teaching experience following graduation is in addition to the allocation of 15 days over three years to new educators for professional learning and support, as detailed in subclause R5.4. New educator support In addition to the five days of approved professional learning detailed in clause R7 of this Agreement, the Directorate will maintain a support program for new educators in their first three years of teaching. This program will provide resources to schools for a total of 15 days over three years for each new educator, notionally allocated as: (a) six days in their first year of teaching, including one additional induction day separate from the system induction day described in subclause R7.1; (b) five days in their second year of teaching; and (c) four days in their third year of teaching. New educators appointed with one year of teaching experience but less than four years of teaching experience will have their entitlement to new educator support days allocated on a pro rata basis in accordance with the New Educator Support Guidelines agreed between the Directorate and the AEU and listed at clause M2 of this Agreement. It is intended that the resources for new educator support be used in the year of allocation. However, a new educator may use more or less than the notional amount each year, provided that the total used does not exceed the allocation determined upon commencement. New educator support program resources must be used within the total period for which the new educator allocation applies. The support provided to new educators under this program should be recorded in their Professional Pathways plan. For new educators undergoing probation, the probationary assessment process will be their Professional Pathways plan. The purpose of these resources is to release new educators and others (e.g. mentors), as appropriate, from classroom duties as part of an individual development program that may include: observations, coaching and mentoring, co-planning, evaluation and reflection and attendance at additional
R5.2
R5.3
R5.4
R5.5
R5.6
R5.7
R5.8
R5.9
professional learning.
R6
R6.1
Expectations of performance and professional responsibilities
New educator (classroom teachers at increments 1.1, 1.2 and 1.3) New educators should fulfil expectations of performance, including but not limited to: (a) satisfactory probation report and confirmation of appointment; (b) full registration as a teacher by the ACT Teacher Quality Institute; and continued development of professional knowledge, professional practice and professional (c) engagement. New educators should fulfil expectations of professional responsibilities, including but not limited to (a) satisfactory attendance; (b) Professional Pathways (probationary assessment in the first year); (c) 5 days of professional learning per year in accordance with clause R7 of this Agreement; and (d) a focus on developing classroom teaching skills supported by i in-school coaching and mentoring by experienced colleagues ii reduced teaching hours in the first year following graduation iii 15 days over three years, notionally allocated as 6 days in the first year, 5 days in the second year, 4 days in the third year.
R6.2
R6.3
New educators should record professional responsibilities, including support or professional learning required, in their Professional Pathways Plans. New educators should not mentor other new educators nor supervise university students or interns. They may host university students undertaking in-school observation with principal approval. Experienced teacher 1 (classroom teachers at increments 2.1, 2.2, 2.3 and 2.4) Experienced teachers 1 should fulfil expectations of performance, including but not limited to: (a) continued development of professional knowledge, professional practice and professional engagement; (b) critical reflection on professional experience in order to develop teaching practice individually and with colleagues; and participation in the development of school curriculum, teaching and assessment practices as a (c) member of a teaching team or faculty. Experienced teachers 1 should fulfil professional responsibilities, including but not limited to: (a) satisfactory attendance; (b) Professional Pathways; (c) 5 days of professional learning per year in accordance with clause R7 of this Agreement; and (d) responsibilities at the team or school level, such as i support for new educators ii collaboration with colleagues to develop programs and resources iii undertaking of school-wide tasks with shared responsibility iv supervision of university students undertaking professional experience (with payment as per clause T5 of this Agreement). Experienced teachers 1 should record professional responsibilities, including support or professional learning required, in their Professional Pathways Plans. Experienced teacher 2 (classroom teachers at increments 3.1 and 3.2) Experienced teachers 2 should fulfil expectations of performance, including but not limited to: (a) continued development of professional knowledge, professional practice and professional engagement; (b) critical reflection on professional experience in order to develop teaching practice individually and with colleagues; and
R6.4
R6.5
R6.6
R6.7
R6.8
(c)
contribution to the development of school curriculum, teaching and assessment practices at the team, faculty, school and/or cluster level.
R6.9
Teachers at this level are expected to demonstrate greater capacity to take on professional responsibilities than teachers at earlier increment levels. Experienced teachers 2 should fulfil professional responsibilities, including but not limited to: (a) satisfactory attendance; (b) Professional Pathways; (c) 5 days of professional learning per year in accordance with clause R7 of this Agreement; and (d) responsibilities at the team or school level, such as i coaching and mentoring of new educators ii collaboration with colleagues to develop programs and resources iii undertaking of school-wide tasks in a coordinator role iv supervision of university students undertaking professional experience (with payment as per clause T5 of this Agreement) v supervision of interns. Experienced teachers 2 should record professional responsibilities, including support or professional learning required, in their Professional Pathways Plans.
R6.10
R6.11
R7
R7.1
Professional learning
Generally, a working day prior to the first day of the school year (i.e. the day prior to the planning day) will be a designated system induction day. (a) On this designated day, no school or system professional learning activities for classroom teachers can be scheduled, except for the system induction day. Teachers not required to attend the system induction day may elect to undertake personal (b) learning and development on this day, in line with subclause R7.2(d). All full time teachers are required to participate in a minimum of five days per year of approved professional learning. Where appropriate, professional learning will be reflected in a teachers Professional Pathways plan. This professional learning will be allocated as follows. (a) One day is devoted to a whole of system/whole of sector priority as determined by the Directorate and conducted in a designated stand down period. By the end of October each year, the Directorate will advise whether this system day is required for the following school year. When the system day is not required, this day may be used in accordance with subclause R7.2(c). (b) Two days are identified by the school for school based professional learning activities and conducted in designated stand down periods. (c) One day is identified by the school for whole of school professional learning activities, which may be conducted outside of regular school hours in full day, half day and two-hour blocks, where approved by the school network leader. One day (or equivalent) professional learning in teachers own time. This professional (d) learning may be acquitted in full day, half day or two-hour blocks. Principals (SLA) will participate in an additional five days of professional learning to be acquitted by 1 November each year. The purpose of these additional days is to undertake: (a) strategic planning and professional development for the school, cluster or system; (b) planning and organisation of professional learning for other school employees; (c) attendance at educational conferences or meetings; and (d) personal professional development.
R7.2
R7.3
R7.4
Following final determination of dates for system and school professional learning days provided under subclause R7.2(a) and (b), each principal will provide written advice to staff specifying: (a) dates of professional learning activities, together with any other relevant information concerning the activity to be undertaken; and (b) the requirement to attend each activity or to seek a variation under subclause R7.9. Part time teachers minimum professional learning days will be calculated on a pro rata basis. Distribution of these days will be negotiated with the principal, and will normally involve attendance for the whole of a professional learning activity. To accommodate such attendance, the principal may: (a) negotiate a variation of attendance at another time so that normal hours of work for the week are not exceeded; or elect to pay the teacher from school funds for attendance beyond their usual hours of duty (b) on the day of the professional learning activity. To maximise capacity to plan for attendance at professional learning activities, professional learning for both school based and office based teachers should be scheduled in accordance with the principles outlined in subclause Q2.5 of this Agreement. In order to be recognised as appropriate staff professional learning, the days arranged in stand down, any flexible day(s) used and the individuals day should: (a) be a coherent program, consistent with the system or school development plan and/or an individuals Professional Pathways plan; (b) enhance the knowledge or skills of teachers that will lead to improved student learning; (c) enable teachers to reflect on their current practice; (d) typically involve teachers in collaboration with other teachers or relevant professionals; (e) typically lead to follow up activities such as further research, discussion, experimentation or collaboration; and (f) provide teachers with opportunities to develop leadership capabilities. Principals are required to maintain an accurate record of teachers attendance at professional learning activities. All principals will provide a report to the Directorate, including attendance records, to Director Human Resources and the school network leader. A teacher who cannot attend a professional learning activity may: (a) request approval to make up the professional learning activity at an alternate time agreed with the principal; or (b) for absences known in advance, submit a leave form in advance of the absence, accompanied by relevant documentation; or for unexpected absences, submit a leave form accompanied by the appropriate (c) documentation as soon as the teacher returns to work. In accordance with clause F4, any request for personal leave under subclause R7.9(b) and (c) must be accompanied by a medical certificate from a registered health professional or by reasonable evidence that the leave is essential at that time. Any teacher not attending professional learning who is not covered by subclause R7.9(a), (b) or (c) will be deemed to be on unauthorised leave without pay. Non-attendance at required professional learning may constitute misconduct and could be subject to disciplinary proceedings. The Teacher Professional Learning Fund will continue to be allocated $1.25 million per annum (including an allocation to be identified for teacher scholarships). These funds will be allocated to professional learning for teachers other than principals. Recognising that there are a number of factors impacting on the ability of teachers to utilise the
R7.5
R7.6
R7.7
R7.8
R7.9
R7.10
R7.11
R7.12
R7.13
R7.14
Teacher Professional Learning Fund, the Directorate agrees to consult with the AEU through the formal consultation process about priorities of the fund. R7.15 The Principal Professional Learning Fund will continue to be allocated funds equivalent to one percent per annum of total principal salary costs. The Principal Professional Learning Fund will continue to be maintained separately to the Teacher Professional Learning Fund. The Directorate agrees to consult with the AEU on the effective use of the Principal Professional Learning Fund and other funding sources, such as Commonwealth Government initiatives, as part of an examination of ways to continue to support and build the school leadership development program for principals. The Directorate and the AEU will continue to consult about professional learning priorities determined outside the context of subclauses R7.13 and R7.15.
R7.16
R7.17
R8
R8.1
Personal and career development
The continual development of a teachers professional knowledge, practice and engagement should occur as a normal part of their professional role in a school. All permanent and contract teachers participate in a performance assessment and development process: (a) All permanent school based teachers, including teachers on probation and School Leaders C and B, will have a Professional Pathways plan. (b) For teachers undergoing probation, the probationary assessment process will be their Professional Pathways Plan. In the event that the teacher and their supervisor choose to include additional goals, these should be recorded separately from the probationary assessment process and will not inform that process. (c) School counsellors will have a Professional Pathways plan adapted to meet professional registration requirements. (d) Contract teachers are covered by assessment processes detailed in the Assessment of contract and probationary teachers handbook , although teachers employed on long term contracts may negotiate with the principal/manager to participate in Professional Pathways. (e) Principals/managers will participate in the Principals Performance and Development Agreement, agreed between the Directorate and the AEU, listed at clause M2 and detailed at clause X4 of this Agreement. Office based teachers will negotiate a personal and career development plan, as detailed in (f) clause W3 of this Agreement.
R8.2
R9
R9.1
Professional Pathways
Professional Pathways is a dynamic, forward planning personal and career development framework that provides teachers and their supervisors with tools to support effective self-reflection, targeted goal setting and meaningful feedback. Principals/managers are required to implement Professional Pathways in line with the Guidelines for performance and development agreed between the Directorate and the AEU and listed at clause M2. Principals/managers and supervisors ensure that areas for improvement are identified and addressed and that the process is conducted in a professional, objective and fair manner. A teacher and their supervisor negotiate the teachers Professional Pathways plan, which is signed off by the teacher, their supervisor and their principal/manager. The principal/manager fulfils the role of supervisor for some staff. The supervisor is responsible for monitoring implementation, reviewing progress, and providing feedback to the teacher. A teacher may choose to have a professional mentor to support and encourage them as part of Professional Pathways. This mentor may be a peer at level or above. The mentor does not undertake
R9.2
R9.3
R9.4
the role or responsibilities of the supervisor. R9.5 The original of the Plan will be retained by the teacher. A copy will be retained and stored securely by the principal/manager and be available to the supervisor. Information regarding professional learning and other training needs may be used in planning school and system-wide professional learning programs. Otherwise, disclosure of information in a teachers Plan is at the teachers discretion. Professional Pathways plans may not be used as a source of information for any teacher selection processes.
R9.6
R9.7
R10 Professional Pathways plan

R10.1 The process of developing the Professional Pathways plan (the Plan) is the responsibility of the teacher and their supervisor through professional discussion and will be recorded in writing. Teachers will have ownership of their Plan for the continuing development of their professional knowledge, practice and engagement. In developing the Plan, both teacher and supervisor should take account of the expectation that as experience and expertise increases, individual teachers will contribute more to school and system capacity-building, as outlined in clause R6 of this Agreement. This contribution may include tasks such as supervision of student teachers and/or interns, mentoring new educators and less experienced colleagues and coordination of particular programs within the school/faculty. When a teacher engages in any capacity-building tasks, these should be clearly acknowledged in their Plan. In the Plan, the teacher and their supervisor identify and record realistic and agreed goals and strategies for the school year. The plan will focuses on the teachers: (a) professional work performance; (b) professional and work related improvement goals; (c) professional learning; (d) pathways for development; (e) personal growth and career development; (f) whole of school role and responsibilities; and (g) implementation of the ACT Quality Teaching model (h) information technology and other training needs; and (i) and other relevant training needs. In conducting their professional discussion, the teacher and their supervisor will have regard to relevant factors, including: (a) a focus on improving student educational outcomes; (a) the priorities of the Directorate, including the strategic plan; (b) the School Plan and the needs of the school; (c) curriculum, assessment and reporting data and other data; (d) the school setting, including whole of school roles and responsibilities, management and team structures, the school community and parents as partners; (g) other factors which may affect the teachers circumstances, such as part time work and leave arrangements; (d) expectations of performance and professional responsibilities at the teachers level of experience, as detailed at clause R6 of this Agreement; (e) the requirement for teachers to participate in professional learning as outlined in clause R7 of this Agreement; and (f) the teachers career plans, including transfer.
R10.2
R10.3
R10.4
R11 Review of the Professional Pathways plan

R11.1 A teachers Plan will be formally reviewed at least twice during the school year with: (a) an initial review no later than midway between the making of the Plan and the end of the school year; (b) a final review after an agreed period following the initial review and before the end of the school year; and (c) additional reviews as determined by the principal/manager. Reviews of the Plan will be made through professional discussion between the teacher and their supervisor to review evidence of the achievement of goals, provide meaningful feedback, ensure that areas for improvement are identified and addressed, and facilitate appropriate professional support. If, at any stage of the year, the principal/manager or supervisor has a concern regarding a teacher meeting the relevant expectations of performance or professional responsibilities, as detailed at clause R6 of this Agreement, they should revise the Plan with the teacher to include a goal targeting the area for improvement. This may involve substitution or addition of a goal, as appropriate. A teachers Plan may be varied by agreement during the school year to reflect changing circumstances. When a teacher changes schools or is promoted, the existing Plan should be reviewed within one month of taking up the new position to recognise the teacher s changed circumstances. The teacher can seek to resolve any concerns with the Professional Pathways process by consulting with the principal at any stage in the cycle. The internal review procedures detailed in Section I of this Agreement may apply if a resolution cannot be reached.
R11.2
R11.3
R11.4
R11.5
R12 Pathways to Improvement

R12.1 Pathways to Improvement is a program to assist permanent school based teachers improve their professional practice and work performance in a positive, constructive and non-threatening climate and manner. Officers on probation, contract and casual teachers are not covered by the provisions of this clause. Pathways to Improvement will be implemented in accordance with the Annual Professional Discussion Guidelines and Pathways to Improvement: Guidelines for ACT public school teachers agreed between the Directorate and the AEU and listed at clause M2 of this Agreement. It is expected that the program will be initiated and managed by the teachers direct supervisor in co nsultation with the principal/manager. The principal/manager and the teacher may agree that another person will undertake this role. However, the teachers supervisor must continue to be involved in managing and supporting the teacher. Pathways to Improvement may be initiated at any stage in the Professional Pathways process. Pathways to Improvement will normally be implemented for up to one school term or equivalent. The principal/manager is responsible for ensuring that: (a) Pathways to Improvement is used solely for the purpose of addressing professional issues; personal and disciplinary issues are dealt with through other means; (b) performance issues are addressed in a timely manner; (c) Pathways to Improvement is put in place to assist any teacher requiring assistance in their professional performance; (d) the period of time agreed to implement the plan will appropriately reflect the issues; (e) appraisal of the teachers professional performance is appropriately recorded; (f) feedback is regularly provided to, and received from, the teacher; (g) the process is conducted in a sensitive, objective and fair manner; and (h) the teacher is made aware of the availability at any stage of the Directorates Employee
R12.2
R12.3
R12.4
Assistance Program for counselling or other support. R12.5 Before implementation of Pathways to Improvement is considered, supervisors should ensure they have had ongoing professional discussions with the teacher in relation to the identified area(s) of concern and that the original Professional Pathways plan has been revised to reflect these emerging needs. The principal/manager makes the decision to implement a Pathways to Improvement process with a teacher after assessment of all written documentation and discussion with the supervisor, school network leader and Director Human Resources. The principal/manager will inform the teacher personally that the Pathways to Improvement process is to be implemented. This decision should also be given in writing and include identified areas for improvement. Notification should also be given in writing to the school network leader and Director Human Resources. The principal/manager will invite the teacher to provide written comments on the identified area(s) for improvement, including any reasons that may have contributed to the recent standard of work performance of the teacher. The principal/manager will convene a meeting and invite the teacher to have a support person present. The meeting will include discussion of the identified area(s) of concern and indicators of improvement. A Pathways to Improvement plan will be negotiated between the principal, supervisor and the teacher in accordance with clause R13 of this Agreement. In general, principals/managers should not support or approve applications for leave without pay, long service leave or requests for transfer whilst a teacher is undergoing a Pathways to Improvement process.
R12.6
R12.7
R12.8
R12.9
R12.10
R13 Pathways to Improvement plan

R13.1 Whilst a teacher is undertaking Pathways to Improvement, their Professional Pathways plan will be suspended. The teacher will have a Pathways to Improvement plan developed in conjunction with their supervisor and principal/manager as a basis for addressing the identified the area(s) for improvement. The plan will set specific, achievable goals and develop strategies that will support the teacher to address the identified area(s) and to demonstrate the agreed indicators of expected performance. Appropriate strategies may include: (a) a professional learning plan; (b) a professional appraisal schedule; (c) mentoring by another teacher; (d) changes to their working arrangements; (e) straightforward performance indicators to assess progress towards achieving specified goals; and (f) an agreed review timetable. The supervisor will assess the teachers performance on a regular basis after professional discussion with the teacher. These discussions will be documented and will provide constructive feedback and establish the extent to which the identified issues in the Pathways to Improvement plan are being addressed. The teacher will be given the opportunity to adequately prepare and respond to professional feedback by the supervisor.
R13.2
R13.3
R13.4
If the principal/manager considers that further time is needed for a fair assessment to be made, then they may extend Pathways to Improvement by a period of up to one school term or equivalent. Notification of this decision should be given to the teacher in writing before the end of the initial Pathways to Improvement period. Notification should also be provided to the school network leader and Director Human Resources.
R14 At the end of the Pathways to Improvement period

R14.1 At the end of the Pathways to Improvement period, the supervisor will provide the principal/manager with a written assessment of the teachers performance against the indicators. The principal may initiate other inquiries s/he considers necessary to form a considered view before making a decision on whether the teachers work performance is satisfactory or unsatisfactory. If, at the end of the Pathways to Improvement period, the principal/manager assesses the work performance of the teacher as: (a) Satisfactory: no further action will be taken under these procedures. The principal/manager will inform the teacher in writing of this conclusion and the teacher will return to Professional Pathways procedures. The principal/manager will inform the school network leader and Director Human Resources in writing of the outcome of the Pathways to Improvement process. The Pathways to Improvement plan forms part of the teachers Professional Pathways, the original of the Plan will be retained by the teacher and a copy kept by the principal/manager for a period of two years; or Unsatisfactory: the principal/manager will provide an assessment report, including a copy of (b) the teachers Pathways to Improvement plan, to the school network leader and Director Human Resources and recommend underperformance action be taken. In making this decision, the principal/manager may initiate other appropriate inquiries they consider necessary to form a considered view. The Director Human Resources may elect to proceed with underperformance action or request further action be taken at the school site. Except for the purposes set out in this section, disclosure of information in a Pathways to Improvement plan is at the teachers discretion. A Pathways to Improvement plan may not be used as a source of information for any teacher selection processes. Any dispute arising from the operation of this clause will be dealt with in accordance with Part 1, clause G2 of this Agreement. Amendments to the Pathways to Improvement provisions will be discussed by the Directorate and the AEU and any new provisions will be implemented if agreed. If not agreed, such proposed new provisions will not be implemented.
R14.2
R14.3
R14.4
R14.5
R14.6
R15 Underperformance action

R15.1 If underperformance action is to be taken in accordance with subclause R14.2(b), the head of service will advise the teacher in writing: (a) of the assessment and reasons for the principal/managers assessment; (b) of the action or actions (underperformance action) proposed to be taken; that the teacher is invited to respond in writing to the proposed action within a specified (c) period (not to be less than 24 hours or more than seven days). After considering any response from the employee, the head of service may decide to take one or more of the following underperformance actions under these procedures: (a) transfer to other duties (at or below current salary); (b) deferral of increment (c) reduction in incremental point;
R15.2
(d) (e) R15.3
temporary or permanent reduction in classification and pay; termination of employment in accordance with the PSM Act.
The head of service will inform the employee in writing of this decision and the appeal mechanisms available under this Agreement. At any time after seven calendar days from the date the head of service informed the teacher under subclause R15.1, the head of service may take one or more of the underperformance actions outlined in the information provided to the teacher under subclause R15.1. At any time in these procedures, the teacher may elect to be retired on the grounds of inefficiency.
R15.4
R15.5
R16 Appeal rights

R16.1 The employee has the right under Section J of this Agreement to appeal any underperformance action taken under subclause R15.4, except action to terminate the employees employment. The employee may have an entitlement to bring an action under the FW Act in respect of any termination of employment under this Agreement. This will be the sole right of review of such an action.
R16.2
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section S Workforce planning
Section S Workforce planning

S1
S1.1
Introduction
Principals are responsible, in consultation with their school network leader, for developing the preferred workforce profile for the school. In developing the workforce profile, principals should take into account: (a) the objectives of the schools strategic plan; (b) opportunities to recruit staff to the ACT public education system; (c) opportunities to support teachers career development; and (d) opportunities to support teacher transfer across the system. Teaching staff changes should be managed according to the guiding principle of reasonable change. Accordingly, where staff turnover, including contract teachers, over any two consecutive calendar years is expected to be or has been less than 10 percent per year or greater than 25 percent per year the principal work with the Director-General to assess the situation and develop a plan, as appropriate.
S1.2
S2
S2.1
Teacher and school leader placement
With respect to teacher and school leader placement, the term teacher will be used to mean classroom teacher, school leader and principal, unless otherwise stated. The term school will be used to mean school and central office sections. Principals, school network leaders and managers plan the optimum placement end dates of individual teachers, and subsequent transfer, through the annual professional discussions with reference to teachers career plans and the need to sustain and renew educational programs. Such discussions with classroom teachers will be conducted in accordance with the Annual Professional Discussion Guidelines agreed between the Directorate and the AEU and listed at clause M2 of this Agreement. Planning for a principals placement end date will be done in discussion with their school network leader. Principals must maintain flexibility in managing their teaching workforce in order to provide for the educational needs of students and to achieve the objectives of teacher transfer, as outlined in clause S3 of this Agreement. All placements of teachers are for a maximum of five years. The placement end date is 26 January, after the final year of placement. Details of placements are as follows: (a) All permanent teachers have been advised of their placement end date. These will not change as a result of the provisions in this section. (b) Placement end dates will not be varied to account for periods of leave or temporary transfer. (c) Generally, a teachers or school leaders first placement in a school or central office position will be for five years. (d) Graduate teachers are initially placed for five years, including any period of temporary position placement or contract at the school to which they are appointed. (e) Subsequent placements for all teachers are for periods up to five years. There is no limit on the number of times a teachers placement at a school can be continued (f) for periods of up to five years. The principal (or school network leader) will review a teachers placement end date through the annual professional discussion early in the year prior to its effect. This review will determine whether the teacher: (a) will continue their placement at the school for another period of up to five years, or (b) must apply for transfer, to take effect from 27 January in the following year.
S2.2
S2.3
S2.4
S2.5
S2.6
The principal will advise the teacher in writing of the decision concerning their placement end date following the annual professional discussion and no later than the end of term 2. Dispute resolution: A teacher may seek to have the grounds for the decision concerning their placement end date reconsidered by informing their principal (or school network leader) within 14 days of receipt of the decision. The reconsideration will be undertaken by a panel comprising a school network leader, a principal from another school and an AEU nominee. Principals will give due consideration to individuals personal circumstances and needs in making decisions concerning teacher transfer or continuation of placement. The Director-General has the right and obligation to place permanent teachers in suitable positions, as required. This requirement takes precedence over any other method of filling vacancies. Birrigai@Tidbinbilla positions Vacant classroom teacher positions at Birrigai@Tidbinbilla will be advertised as limited time positions for one, two, three or four years. The maximum period a classroom teacher may spend at Birrigai@Tidbinbilla is six consecutive years. A teacher must apply for transfer in accordance with subclause S2.5(b) during their sixth year of placement. Instrumental Music Program All identified teacher positions in the Instrumental Music Program will be advertised as limited time positions for up to four years. The maximum period a classroom teacher may spend in the Instrumental Music Program is six consecutive years. A teacher must apply for transfer in accordance with subclause S2.5(b) during their sixth year of placement.
S2.7
S2.8
S2.9
S2.10
S2.11
S3
S3.1
Teacher transfer
Teacher transfer links closely with quality teaching, professional learning, career planning, performance management and leadership development in helping to develop a capable and sustainable teaching workforce. By transferring to new settings throughout their careers, classroom teachers, school leaders and principals gain a broad experience and contribute to renewal of school communities through incorporation of new perspectives. All teachers, school leaders and principals have a responsibility to plan their career pathways and professional growth, including placement and transfer options, through Professional Pathways or the Principals Performance and Development Agreement. Transfer must not be used to solve performance issues. Any teacher or school leader undergoing Pathways to Improvement will not be permitted to transfer until they have undertaken sufficient development with principal/director and colleague support. All teachers and school leaders may apply for transfer at any stage in their career. Where a teacher or school leader wishes to apply for transfer prior to the end of their placement, they should advise their principal/manager or school network leader of this intention as soon as possible. In dealing with compassionate transfers, special consideration of an individuals circumstances and needs will occur. From the date of operation of this Agreement, the transfer provisions detailed in this section will apply to all permanent classroom teachers, school leaders and principals.
S3.2
S3.3
S3.4 S3.5
S3.6
S3.7
Unless specifically referred to in this section, the provisions outlined in this section apply to the exclusion of provisions contained in section 92 of the PSM Act and any related provisions contained in the PSM Standards. Incentives to transfer Successful experience in a range of settings is valued for its contribution to quality teaching, quality student outcomes, professional development, career advancement and promotion. Receiving schools will provide transferred teachers, through their Professional Pathways plan, access to professional development to assist in their transition to the new educational setting. Annual classroom teacher transfer process There will be an annual classroom teacher transfer process. Teachers identified for transfer will be considered for placement through the annual process. Vacancies unable to be filled through transfer or central placement will go to open advertisement in accordance with subclause S4.1. The objectives of the transfer process are: (a) (b) to ensure that all vacancies are able to be efficiently and effectively filled by the end of the school year; and to provide opportunities for current teachers to transfer within the ACT public school system.
S3.8
S3.9
S3.10
S3.11
S3.12
The decision that a teacher will transfer can be withdrawn by mutual agreement between the teacher and principal. The onus is on the teacher to nominate a reasonable range of positions/schools to enable successful transfer. Principals have a responsibility to support the teacher in this process and support career development through the Professional Pathways plan. A teacher who is unsuccessful in transferring at the end of their nominal placement at a school will be placed in accordance with subclause S2.9. Details on the transfer process as agreed between the Directorate and the AEU are documented in Procedures for filling classroom teacher vacancies listed at clause M2 of this Agreement
S3.13
S3.14
S3.15
S4
S4.1
Classroom teacher vacancies
Classroom teacher vacancies will be filled in accordance with processes agreed between the Directorate and the AEU and detailed in the Procedures for filling classroom teacher vacancies listed at clause M2 of this Agreement.
S5
S5.1
Unattached officers
If an officer is absent from their substantive position, except for the purposes of temporary transfer within the Directorate, for more than 12 months they may be deemed unattached and the position declared vacant. Such a 12 month period of absence for an officer on maternity leave, will commence at the beginning of unpaid leave. An unattached officer is required to seek appropriate placement within a reasonable period prior to their return to duty with the Directorate. An individual deemed to be unattached may seek special consideration from the Director Human Resources for exemption from this provision.
S5.2
S5.3
S5.4
S6
S6.1
Employing graduate teachers
Details on the employment of graduate teachers are as agreed between the Directorate and the AEU and documented in the Procedures for filling classroom teacher vacancies listed at clause M2 of this Agreement.
S7
S7.1
School leader vacancies
The agreed procedures for filling school leader vacancies are detailed in the Procedures for filling school leader positions listed at clause M2 of this Agreement.
S8
S8.1
Selection committees for school leader positions
School leader vacancies will be filled in accordance with the Procedures for filling school leader positions agreed between the Directorate and the AEU and listed at clause M2 of this Agreement. A Joint Selection Committee will normally comprise, but not be limited to: (a) a chairperson who has appropriate training, skills and experience, nominated by the head of service; and (b) other persons who have appropriate training, skills and experience The selection committee composition is as set out in the Procedures for filling school leader positions agreed between the Directorate and the AEU. The Directorate will continue to provide agreed selection committee training and will maintain a list of teachers who have completed such training. The relevant selection guidelines must be referred to in the conduct of any selection process. Except for review of process, the outcome of any promotions position selections filled using agreed joint selection procedures is not appellable. Amendments to the procedures for filling school leader positions will be discussed by the Directorate and the AEU and any new provisions will be implemented if agreed. If not agreed, such proposed new provisions will not be implemented.
S8.2
S8.3
S8.4
S8.5 S8.6
S8.7
S9
S9.1
Review
Except for review of process, the outcome of any selection committee is not appellable.
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section T Allowances and payments
Section T Allowances and payments

T1
T1.1
Principal allowances
Except as provided for in this clause, salaries paid to principals are all in salaries. No additional allowances in the nature of salary will be payable to principals. Motor vehicle allowance and other expense related allowances, by way of reimbursement for purposes such as official travel as set out in the PSM Standards, will continue to apply.
T1.2
T2
T2.1
Special education allowance
Current procedures for payment of the special education allowance will continue for teachers. School counsellors are no longer eligible to access this allowance, which is replaced with provisions detailed in subclause V5.2 of this Agreement. The allowance rates are contained in Annex A9 to this Agreement.
T3
T3.1
Travelling entitlement
A teacher appointed to, or on contract at, Birrigai@Tidbinbilla or Jervis Bay is entitled to receive a travelling entitlement. The travelling entitlement replaces any existing entitlement for isolated establishment allowance for teachers under the PSM Act and PSM Standards. Travelling entitlement is payable for each complete trip when a teacher attends duty to the maximum of once per day. A teacher is entitled to be paid the full rate of the entitlement for each continuous period of duty if they do not travel at the Directorates expense and: (a) travel to an isolated establishment to attend for a period of normal duty; or (b) have been directed to return to duty, with or without prior notice, to perform extra duty. A teacher who meets the requirements above but travels at the Directorates expense on the journey either to or from the isolated establishment, is entitled to be paid only at the partial rate. A teacher who lives in a dwelling provided by the Directorate at the isolated establishment, or lives within 10 kilometres from it, is not entitled to the entitlement unless they receive a payment for the use of private motor vehicle for official purposes. If a teacher receives any payments by way of allowances under this clause and the payment is less than the travelling entitlement, they are entitled to be paid the difference between the payment received and the entitlement. The designated isolated establishments and the relevant rates of pay will be reviewed during the life of this Agreement and cease if the establishment no longer fulfils the criteria for the payment of isolated establishment allowance. If a principal/manager approves a full time teachers request to travel in their own vehi cle between two or more workplaces in one day, then payment of the relevant Public Sector Motor Vehicle Allowance will be made. The cost of this payment will be shared equally between the two or more workplaces. Part time teachers who travel in their own vehicle between two or more workplaces in one day will have 0.05 added to their agreed fraction of a full time load, in lieu of payment of Public Sector Motor
T3.2
T3.3
T3.4
T3.5
T3.6
T3.7
T3.8
T3.9
T3.10
Vehicle Allowance.
T4
T4.1
Teaching project allowance
Principals from time to time may identify projects at the school level to enhance teaching and learning. With the approval of their school network leader, a principal may allocate an allowance of up to $3,500 to a classroom teacher undertaking such a project. The teaching project allowance must be paid from school funds and must be established within a school year, to finish by the end of term 4.
T4.2
T5
T5.1
Practicum supervision payment
The Directorate and the AEU consider student teacher supervision an important component in the ongoing development of the teaching profession. Teachers who undertake supervision of student teachers will have that recorded in their Professional Pathways Plan. Payment by the relevant university for the supervision of a practicum teacher will be made directly to the supervising teacher.
T5.2
T5.3
T6
T6.1
Higher duties allowance
All teachers will receive a payment of higher duties allowance after the completion of a total of five days of higher duty work. The first five days do not count for payment purposes, except where subclause T6.2 applies. Where the initial establishment period of higher duties is equal to one school term or more, higher duties allowance will be paid for the total period of higher duty work including the first five days. The actual higher duties allowance payable will be the difference between the teachers salary and the salary of the higher duty position being undertaken. Periods of higher duty should not normally extend beyond 12 months. If after 12 months the position is nominally vacant it will be advertised unless there are exceptional circumstances. The Procedures for filling school leader positions, agreed between the Directorate and the AEU and listed at clause M2 of this Agreement, will apply.
T6.2
T6.3
T6.4
T6.5
T7
T7.1
Relocation assistance
Provision of relocation assistance is considered on a case by case basis for all classifications, including those at Jervis Bay. The general considerations for the payment of this allowance will include: (a) reimbursement of reasonable costs; (b) individual circumstances, including number of dependants and location a teacher moves from; (c) recruitment considerations; and (d) system needs. Individuals should not incur costs with an expectation of payment without prior authorisation from the head of service. The relocation payment is to be fully supported by receipts. In the event that the teacher terminates their employment with the Directorate within 18 months of the date of appointment and does not commence employment with another ACTPS agency within one
T7.2
T7.3 T7.4
month, the teacher may be required by the head of service to repay: (a) 100 percent of the relocation payment if the teacher terminates employment within 12 months from the date of appointment; or 50 percent of the percent relocation payment if the teacher terminates employment more (b) than 12 months and less than 18 months from the date of appointment.
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section U Recognition of work and life responsibilities
Section U Recognition of work and life responsibilities

U1
U1.1
Regular part time work and job sharing
As a means of promoting family friendly policies in the workplace, the Directorate and the AEU fully support teachers access to part time employment and job sharing. These arrangements can be an effective means of reconciling the sometimes conflicting demands of a teacher s work and personal commitments. This section should be read in conjunction with the Facilitating part time work arrangements: Guidelines for principals/managers and employees, listed at clause M2 of this Agreement. Applications for part time work, the part time teachers load and an appropriate pattern of attendance will be considered on the basis of the personal commitments of the teacher and the operational requirements of the school or section. For teachers returning from maternity or parental leave see Part 1 clause E7 of this Agreement.
U1.2
U1.3
U1.4
U2
U2.1
Regular part time work for school based teachers and school leaders
The term part time teacher includes both permanent and temporary part time teachers who work less than full time hours. In negotiating the placement of a permanent part time position, the Directorate will employ a permanent part time teacher at any fraction agreed to by the teacher and the principal or the school network leader (in the case of a principal). Once set for each school year, the part time work fraction will not normally be altered. A temporary variation in the fraction, including a temporary conversion or reversion to full time work, must be approved by the Director Human Resources. Teachers working part time may elect to undertake casual teaching, up to the equivalent of a full time load. Part time teachers who were previously full time permanent teachers may only revert to full time work at their substantive level: (a) at the date initially agreed to by the teacher and principal/manager or the school network leader (in the case of a principal); (b) in accordance with subclause U2.3; or (c) by applying for full time positions. Permanent part time teachers who have become permanent by being appointed to positions created at the initiative of the Directorate may only convert to full time work substantively by applying for full time positions. Salary and entitlements for part time temporary teachers will be as at Part 1 clause C1 of this Agreement. Part time teachers are required to attend and participate in activities, such as professional learning and moderation days. To accommodate such attendance, the principal may: (a) negotiate a variation of attendance at another time so that normal hours of work are not exceeded; or elect to pay the teacher from school funds for attendance beyond their usual hours of duty (b) on the day of the specified activity.
U2.2
U2.3
U2.4
U2.5
U2.6
U2.7
U2.8
U2.9
Any disputes about the operation of this clause will be dealt with in accordance with clause G2 of this Agreement.
U3
U3.1
Job sharing
A full time employee may request in writing permission to work in a job sharing arrangement. The head of service will agree to reasonable requests for regular job sharing arrangements, subject to operational requirements. Teachers working under job sharing arrangements share one full time job and will be considered to be part time with each working part time on a regular continuing basis. The pattern of hours for the job sharing arrangement will be agreed between the teachers and the head of service. However, any single attendance at an office based worksite will be for not less than three consecutive hours. A teacher who is in a job sharing arrangement and who was previously working full time may revert to full time employment before the expiry of the agreed period of job sharing if all parties to the arrangement agree. In the event that either teacher ceases to participate in the job sharing arrangement, the arrangement will terminate. The Directorate will continue to make provisions for tandem applications where teachers propose to jointly apply for a position in a job share arrangement.
V3.2
U3.3
U3.4
U3.5
U3.6
U4
U4.1
Unpaid parental leave
Teachers with less than 12 months service are entitled to parental leave provisions contained in Part 1 clause F17 of this Agreement. The head of service will, on application, grant a teacher who has completed 12 months current continuous service with ACTPS unpaid parental leave after the birth, adoption or placement of a foster child as defined in subclause F16.2. This will include any period of paid or unpaid maternity leave. Unpaid parental leave will not count as service for any purpose. Unpaid parental leave is available to either parent if they are both teachers but cannot be taken concurrently. A maximum of four years unpaid parental leave may be granted for the first child or until the child reaches school age. A further three years in total may be granted for any subsequent children. Any entitlement remaining from the first child cannot be added to the entitlement for subsequent children. The maximum leave available under this provision is seven years. Unpaid parental leave can only be approved to the day before the beginning of a new school year. Following advice from the Directorate, a teacher may be unattached when leave extends beyond 12 months.
U4.2
U4.3 U4.4
U4.5
U4.6 U4.7
U4.8 U4.9 U4.10
U5
U5.1
Home based work (school based teachers)
There may be occasions where it is appropriate for a teacher to work from home on an ad hoc basis. In these circumstances, arrangements to work from home are to be negotiated on a case by case basis between the teacher and their principal. Home based work is a voluntary arrangement which requires the agreement of both the Directorate and the teacher. Approval for home based work will only be granted in exceptional circumstances. When assessing the requirement for home based work, a principal needs to be assured that operational requirements, the effect on students and clients, security, performance monitoring, and health and safety factors have been fully satisfied.
U5.2
U5.3
U6
U6.1
Home based work (office based teachers)
The diverse nature of work conducted in the ACTPS lends itself to a range of working environments. From time to time, workplaces will include work undertaken in the field and in the home. Home based work, on a regular basis, is a voluntary arrangement that requires the agreement of both the head of service and the employee. The head of service will consider requests by employees for home based work, having regard to operational requirements and the suitability of the work. In determining appropriate home based work arrangements, the head of service and the employee will consider a range of matters, including: (a) appropriate and effective communication with office based employees; (b) the need to ensure adequate interaction with colleagues; (c) the nature of the job and operational requirements; (d) privacy and security considerations; (e) health and safety considerations; (f) the effect on clients; and (g) adequate performance monitoring arrangements. Home based work arrangements may be terminated by the head of service on the basis of operational requirements, inefficiency of the arrangements, or failure of the employee to comply with the arrangements. An employee may terminate home based work arrangements at any time by giving reasonable notice to the head of service. There may also be occasions where it is appropriate for an employee to work from home on an ad hoc basis. In these circumstances, arrangements to work from home are to be negotiated on a case-bycase basis between the employee and the manager/supervisor. The Directorate will provide home computing facilities where an employee and the employees manager/supervisor agree there is a need for such facilities. Provision of equipment by the Directorate will be subject to workplace health and safety requirements and to an assessment of technical needs by the manager/supervisor.
U6.2
U6.3
U6.4
U6.5
U6.6
U6.7
U7
U7.1
Purchased leave (school based teachers)
The scheme Purchased leave provides school based teachers with the opportunity to take one term or one semester of additional leave for any purpose including family responsibilities, travel or study. The leave may also be used as a transition to retirement. Eligibility: There is no qualifying period. Applicants must be permanent school based teachers
U7.2
(including principals). U7.3 Duration: The scheme allows eligible teachers to accrue one term or one semester of additional leave purchased through a pre-calculated fortnightly payment from salary. For the purposes of this scheme, one term equates to 10 weeks and one semester equates to 22 weeks (including the two weeks stand down between terms). Payment: Purchased leave is accrued by fortnightly payments from salary over 26 paydays (12 months) for one term, or 52 paydays (24 months) for one semester. Permanent part time teachers are eligible to apply for purchased leave on the following basis: (a) the fortnightly payment from salary will be adjusted in accordance with the part time hours of duty; and payment during purchased leave will be at the rate the leave was accrued, similar to annual (b) leave. Applications are made by completion of the Application for Purchased Leave form and require the recommendation of the principal. Closing dates: Applications to join the scheme may be made at any time prior to four closing dates each year: 1 March, 1 May, 1 August and 1 December. Approval of applications to join the scheme is subject to the system operational requirements. The delegate for approval will be the Director Human Resources. Accrual period: Where approval is given, teachers will commence the accrual period from the beginning of the following school term and payments from salary will commence on the first payday of that term. Taking purchased leave Discussion with principal: The dates on which a teacher proposes to take purchased leave must be discussed with principal prior to the commencement in the scheme. Principals must discuss the dates they propose to take purchased leave with their school network leader. Blocks of leave: Purchased leave must be taken in blocks of one term or one semester in the 12 months following accrual. Duration: Purchased leave will commence on the first day of the nominated term or semester and conclude on the last day of that term or semester. Credits: Accrued purchased leave credits will be deemed to be exhausted at the end of the nominated term or semester regardless of the length of that term or semester. Rate of pay: Purchased leave will be paid at the teachers normal rate of pay less any allowances. Application to take leave: Applications for purchased leave must be submitted to the principal on a normal leave form no later than: (a) 1 August for purchased leave to be taken during Semester 1 of the following year; or (b) 1 March for purchased leave to be taken during Semester 2 of the same year. Approval: The principal will consider operational requirements prior to approving an application for purchased leave. Notification: Teachers must will be informed of approval of proposed dates as soon as practical but not later than: (a) 1 September for purchased leave to be taken during Semester 1 of the following year; or
U7.4
U7.5
U7.6
U7.7
U7.8
U7.9
U7.10
U7.11
U7.12
U7.13
U7.14 U7.15
U7.16
U7.17
(b)
1 April for purchased leave to be taken during Semester 2 of the same year.
U7.18
Conditions for purchased leave Counts as service for all purposes: Purchased leave counts as service for all purposes and there is no effect on accrual of other leave entitlements, increment dates or superannuation. Leave during accrual period: School based teachers are able to access all other forms of leave during the 12 or 24 month accrual period, including leave at reduced pay and no pay. However, it should be noted that leave without pay will not normally be approved during the accrual period. Unpaid leave during accrual period: Unpaid leave will have no effect on the scheme and the fortnightly payment must continue to be made. Payment is to be arranged with Shared Services Payroll. Leave taken in conjunction with purchased leave: Purchased leave taken in conjunction with other paid leave will be regarded as continuous with that leave and the conditions applicable to a continuation of that leave will apply. Personal leave: Where an employee provides a certificate from a registered health professional operating within their scope of practice for a personal illness occurring during a period of absence on purchased leave, the employee will have the purchased leave re-credited for that period covered by the certificate, and substituted by personal leave. Compensation: Unless agreed to otherwise, the salary payment for purchased leave will continue during the first 45 weeks of compensation payments as they are based on a teachers normal gross weekly earnings. No anticipation: Purchased leave cannot be anticipated. Allowances: Allowances will not be included in the calculation of the fortnightly salary payment during the accrual period. Consequently all allowances, including higher duties allowance, will cease during periods of purchased leave. Employment during leave period: Where teachers choose to engage in outside employment during purchased leave: (a) approval must be received prior to commencing any form of paid employment to ensure there is no conflict of interest with teaching duties; and (b) applications must be made according to Section 244 of the PSM Act. Special conditions Opting out: Opting out may occur under special circumstances, e.g. long term compensation, unforseen change in financial circumstances. Applications to leave the scheme: (a) must be in writing through the principal to the Director Human Resources; (b) require a minimum of two weeks notice; and (c) if approved, will result in the teacher being reimbursed the exact amount contributed. Unused purchased leave: Any purchased leave remaining unused at the end of the 12 month period following accrual will be paid out at the salary applicable on 1 January of that year. Re-credit of purchased leave: Unused purchased leave re-credited because of sick leave in excess of five continuous days will be paid out at current salary at the end of the 12 month period following accrual. Resignation/retirement: Unused leave will be paid out on a pro rata basis based on the amount of
U7.19
U7.20
U7.21
U7.22
U7.23
U7.24 U7.25
U7.26
U7.27
U7.28
U7.29
U7.30
leave accrued. Payment will be based on current salary at the date of resignation or retirement. U7.31 Transfer/promotion to another agency: It is unlikely purchased leave will be able to be transferred to other agencies. Leave not able to be transferred and not taken prior to transfer or promotion will be paid out at current salary at the date of transfer or promotion. Exceptional circumstances: Application to delay taking of leave will only be approved in exceptional circumstances. Applications must be recommended by the principal and approved by the Director Human Resources. Cost Calculation: The formula is based on an officers actual gross fortnightly salary excluding allowances. (a) For one term (10 weeks) of purchased leave, the payment from fortnightly salary is made over 26 paydays (12 months). The payment equals the gross fortnightly salary multiplied by 10 divided by 52. (b) For one semester (22 weeks) of purchased leave, the payment from fortnightly salary is made over 52 paydays (24 months). The payment equals the gross fortnightly salary multiplied by 11 divided by 52. (c) An officer who accrues one term of purchased leave over the initial 26 paydays may apply to increase that to one semester (additional 12 weeks) over the following 26 paydays. The payment for the additional period equals the gross fortnightly salary multiplied by 12 divided by 52. (d) Payments will be amended with changes in substantive salary. Dispute resolution In the first instance, the relevant officer will discuss the matter with the principal and, if applicable, the Director Human Resources. If no resolution can be reached then the Directorates normal internal review procedures will apply.
U7.32
U7.33
U7.34
U7.35
U8
U8.1
Purchased leave (office based teachers)
Purpose Purchased leave is available to employees to enable them to be absent from duty to support their work/life balance. Eligibility Employees, other than casual employees, are eligible to apply to purchase leave. Entitlement Employees may purchase leave in addition to the employees usual annual leave entitlement, up to a maximum of 12 weeks in any 12 month period, subject to head of service approval. An employee may apply, at any time, to the head of service for approval to participate in the purchased leave scheme. The application must specify the amount of leave to be purchased in whole weeks up to a maximum of 12 weeks in any 12 month period, and the period over which the additional leave is to be acquitted. Approval by the head of service for an employee to purchase and use purchased leave, is subject to both the operational requirements of the workplace and the personal responsibilities of the employee. Approval to purchase additional leave will not be given where an employee has an annual leave balance of two and a half years worth of annual leave credit or more, except where the employee
U8.2
U8.3
U8.4
U8.5
U8.6
U8.7
intends to use all excess annual leave credit before taking purchased leave. U8.8 Once an employee commences participation in the scheme, the employee may only opt out of the scheme before the expiration of the agreed acquittal period, where: (a) the employee can demonstrate, in writing, that exceptional circumstances exist, such as unforseen financial hardship, and the head of service agrees; or (b) the employees employment with the Directorate ceases before the expiration of the agreed acquittal period; or (c) the employee proceeds on paid maternity or primary care giver leave. If an employee transfers from one ACTPS Directorate to another ACTPS Directorate during the agreed acquittal period, the employees continuation in the purchased leave scheme will be s ubject to the separate approval of the head of service of the gaining Directorate. Where such approval is not given, any money owing to the employee in respect of purchased leave not taken will be refunded to the employee as soon as practicable. Any shortfall in payments will be deducted from monies owing to the employee. Evidence and conditions An employee should discuss with their manager/supervisor, as soon practicable, their intention to be absent on purchased leave. An employee must make an application to the head of service to access their purchased leave entitlement. Having considered the requirements of this clause the head of service may approve an employees application to access purchased leave. A decision not to approve the leave must be made in accordance with Part 1 subclause F2.1 of this Agreement. Approval by the head of service to grant purchased leave will be subject to the operational requirements of the workplace, the personal responsibilities of the employee and appropriate periods of notice. A minimum of one week of purchased leave must be taken at any one time unless the remaining balance is less than one week or the head of service is satisfied, on evidence presented, there are exceptional circumstances which warrant purchased leave being taken in shorter periods. Purchased leave must be used within the agreed acquittal period, not exceeding 12 months from the date of commencement in the scheme. Purchased leave not taken within the agreed acquittal period will be forfeited and the value of the leave refunded to the employee at the end of the acquittal period. Rate of payment While an employee is on a period of purchased leave the employee will be paid at the rate of pay used to calculate the employees deduction. Purchased leave will be paid for by a fortnightly deduction from the employees pay over an agreed acquittal period not exceeding 12 months from the date the employee commences participation in the scheme. Fortnightly deductions, from the employees pay, will commence as soon as practicable following approval of the employees application to participate in the purchased leave scheme. The deductions will be calculated on the employees pay at the date of commencement of participation in the scheme, the amount of leave to be purchased and the agreed acquittal period.
U8.9
U8.10
U8.11
U8.12
U8.13
U8.14
U8.15
U8.16
U8.17
U8.18
U8.19
Despite subclause U8.18, if the employees pay changes during the acquittal period the employee may seek approval for the deduction to be recalculated. Fortnightly tax deductions will be calculated on the employees gross pay after the deduction has been made for purchased leave. Subject to subclause U8.22, allowances in the nature of pay may be included in the calculation of purchased leave payments where: (a) the head of service and the employee agree any or all of these allowances are appropriate; and (b) there is the likelihood the allowance will continue to be received over the duration of the acquittal period. Disability allowances, which are paid according to the hours worked, cannot be included for the purposes of calculating purchased leave payments. Effect on other entitlements Leave taken as purchased leave will count as service for all purposes. Public holidays for which the employee is entitled to payment that fall during periods of absence on purchased leave will be paid as a normal public holiday and will not be deducted from the employees purchased leave balance. Purchased leave will not affect the payment and timing of pay increments or the accrual of other forms of leave. The purchase of additional leave under this clause will not affect the superannuation obligations of the Directorate and/or the employee involved. Where an employee provides a certificate from a registered health professional operating within their scope of practice for a personal illness occurring during a period of absence on purchased leave, the employee will have the purchased leave re-credited for that period covered by the certificate, and substituted by personal leave. An employee participating in the scheme who proceeds on paid maternity or primary care givers leave will elect to, either: (a) exit the purchased leave scheme and have any money owing refunded; or (b) subject to subclause U8.29, remain in the scheme and have pay deductions continue during the period of paid maternity or primary care givers leave. Purchased leave taken during an employees absence on maternity or primary care givers leave will not extend the employees total period of maternity leave or primary care givers leave. An employee participating in the scheme who is in receipt of paid workers compensation will have pay deductions for purchased leave continue. Normal conditions for purchased leave will apply for employees on graduated return to work programs; however entry into the scheme should be discussed with the rehabilitation case manager.
U8.20
U8.21
U8.22
U8.23 U8.24
U8.25
U8.26
U8.27
U8.28
U8.29
U8.30
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section V Other matters
Section V Other matters

V1
V1.1
Assessment, moderation and certification
Teachers of years 11 and 12 have the professional obligation and responsibility to engage in the assessment, moderation and certification process. Years 11 and 12 teachers are required to attend and participate in the designated moderation days. Part time teachers are required to attend and participate in moderation days. To accommodate such attendance, the principal may: (a) negotiate a variation of attendance at another time so that normal hours of work are not exceeded; or elect to pay the teacher from school funds for attendance beyond their usual hours of duty on (b) the day of moderation. Where a year 11 or 12 teacher is not required to attend a moderation day, appropriate professional learning will be scheduled. Attendance at such professional learning is required. A teacher who cannot attend a moderation (or an alternative professional learning) day may: (a) for absences known in advance, submit a leave form in advance of the absence, accompanied by relevant documentation; or for unexpected absences, submit a leave form accompanied by the relevant documentation as (b) soon as the teacher returns to work. In accordance with clause F4, any request for personal leave under subclause V1.5(a) or (b) will be accompanied by appropriate documentary evidence detailed in subclause F4.26 or by reasonable evidence that the leave is essential at that time. Any teacher not attending a required moderation (or alternative professional learning) day and who is not covered by subclause V1.5(a) or (b) will be on unauthorised leave without pay. Non-attendance at a required moderation (or an alternative professional learning) day may constitute misconduct and could be subject to disciplinary proceedings.
V1.2 V1.3
V1.4
V1.5
V1.6
V1.7
V1.8
V2
V2.1
Murrumbidgee Education and Training Centre (METC), Bimberi
If required, provisions for an extended educational program at the METC will be agreed by the Directorate and the AEU in a METC Extended Educational Program Scheme Agreement.
V3
V3.1
Birrigai@Tidbinbilla
Conditions specific to teachers at Birrigai@Tidbinbilla are as agreed by the Directorate and the AEU and documented in the Memorandum of Understanding for Birrigai@Tidbinbilla Educational Program listed at clause M2 of this Agreement.
V4
V4.1
ANU Secondary College
Provisions for the ANU Secondary College program will be as agreed between the Directorate and the AEU and documented in the ANU Secondary College Procedures Manual listed at clause M2 of this Agreement.
V5
V5.1
School counsellors
School counsellors will be employed under the same salary and conditions of employment that apply to school based teachers. The salary rates are at Annex A2 to this Agreement. The conditions of
employment include those set out in this Agreement. V5.2 In addition, on approval of this Agreement, a special employment arrangement recognising the professional requirements of officers employed in the Directorates counselling service in positions requiring registration as a psychologist with the Psychology Board of Australia will be agreed in accordance with clause M1 of this Agreement. Specific conditions set out in this Agreement relating to the professional role of teachers as educators will not apply to school counsellors. These exclusions will be agreed between the Directorate and the AEU. The promotional positions in the school counselling service of Senior Counsellor and Assistant Manager (Psychologist) require full registration as a psychologist with the Psychology Board of Australia. These positions may be filled by officers with single psychology qualifications or dual psychology and teaching qualifications. As supervision is a core responsibility of these positions, applicants will be required to have at least three years of full registration as a psychologist with the Psychology Board of Australia. The salary rates are at Annex A3 and Annex A4 to this Agreement.
V5.3
V5.4
V6
School counsellors: expectations of performance and professional responsibilities

New school counsellor (at increments 1.1, 1.2 and 1.3) New school counsellors should fulfil expectations of performance, including but not limited to: (a) satisfactory six monthly progress reports (Psychology Board of Australia) or probation report and confirmation of appointment (note: the probationary period for provisional psychologists may be up to two years full time equivalent or longer if extended by the Psychology Board of Australia); and (b) registration as a provisional psychologist or psychologist by the Psychology Board of Australia. New school counsellors should fulfil expectations of professional responsibilities, including but not limited to (a) satisfactory attendance; (b) an approved Supervised Practice Plan on registration as a provisional psychologist or a Continuing Professional Development Pathways plan; (c) 5 days of professional learning per year in accordance with clause R7 of this Agreement; and a focus on developing counselling skills supported by induction and a total of 15 days over three (d) years, notionally allocated as 6 days in the first year, 5 days in the second year, 4 days in the third year. New school counsellors should record professional responsibilities, including support or professional learning required, in their Supervised Practice Plan or Continuing Professional Development Pathways plans. New school counsellors should not supervise other school counsellors in the first three years after full registration as a psychologist. They may host provisional psychologists undertaking observation or be a mentor with senior counsellor approval. Experienced school counsellor 1 (at increments 2.1, 2.2, 2.3 and 2.4) Experienced school counsellors 1 should fulfil expectations of performance, including but not limited to: (a) full registration as a psychologist with the Psychology Board of Australia; (b) engagement of students in purposeful and appropriate counselling experiences; (c) monitoring, assessment, recording and reporting of student learning; (d) critical reflection on professional experience in order to develop counselling practice individually and with colleagues;
V6.1
V6.2
V6.3
V6.4
V6.5
(e) (f) V6.6
participation in school and school counselling service development as a member of a team; and engagement in ongoing supervision and observed practice with their approved supervisor or senior counsellor.
Experienced school counsellors 1 should fulfil professional responsibilities, including but not limited to: (a) satisfactory attendance; (b) development of a Continuing Professional Development Pathways plan; (c) 5 days of professional learning per year in accordance with clause R7 of this Agreement; and (d) responsibilities at the team or school level, such as i support for provisional psychologists and peers ii collaboration with colleagues to develop programs and resources iii undertaking of school-wide tasks with shared responsibility iv supervision of university students undertaking professional experience. Experienced school counsellors 1 should record professional responsibilities, including support or professional learning required, in their Continuing Professional Development Pathways Plans. Experienced school counsellor 2 (classroom teachers at increments 3.1 and 3.2) Experienced school counsellors 2 should fulfil expectations of performance, including but not limited to: (a) full registration as a psychologist with the Psychology Board of Australia; (b) catering for the diverse learning and wellbeing needs of students through purposeful application of a range of counselling, classroom, group and/or whole school strategies; (c) application of comprehensive systems for assessment and reporting of student learning; (d) critical reflection on professional experience and pursuit of professional learning; and (e) contribution to the corporate life of the school and school counselling service. engagement in ongoing supervision and observed practice with their approved supervisor or (f) senior counsellor. School counsellors at this level are expected to demonstrate greater capacity to take on professional responsibilities at the school, school counselling service and/or system level than school counsellors at earlier increment levels. Experienced school counsellors 2 should fulfil professional responsibilities, including but not limited to: (a) satisfactory attendance; (b) development of a Continuing Professional Development Pathways plan; (c) 5 days of professional learning per year in accordance with clause R7 of this Agreement; and (d) responsibilities at the team or school level, such as i participation in and coordination of supervision of provisional psychologists ii active mentoring of provisional psychologists and support for colleagues; iii undertaking of school-wide and school counselling service-wide tasks in a coordinator role Experienced school counsellors 2 should record professional responsibilities, including support or professional learning required, in their Continuing Professional Development Pathways Plans.
V6.7
V6.8
V6.9
V6.10
V6.11
V7
V7.1
Recording of daily attendance
Teachers other than principals/managers are required to record their daily attendance using a format negotiated and agreed by staff at the workplace. A hard copy must be retained for two years. The teacher is responsible for ensuring their daily attendance record is accurate.
V7.2
V8
V8.1
Managing employee absences
Details on managing employee absences are contained in the Mandatory Procedures for Managing
Employee Absences listed at clause M2 of this Agreement. V8.2 All teachers are required to submit an application for leave prior to any planned absence or, for unplanned absences, within 10 days of the initial absence unless there are exceptional circumstances (e.g. hospitalisation). All teachers are required to complete fortnightly absence records for leave purposes. Absences not covered by approved leave will be treated as an unauthorised absence and may result in salary and/or disciplinary action in accordance with the Mandatory Procedures for Managing Employee Absences. The Directorate and the AEU will continue to consult on the most effective mechanism for recording employee absences.
V8.3 V8.4
V8.5
V9
V9.1 V9.2
Christmas shutdown
This clause does not apply to casual teachers. The Christmas shutdown period refers to the working days between 28 December and 31 December inclusive. Subject to subclause V11.5, two days of paid leave will be granted to all teachers for those days in the Christmas shutdown period for which a paid public holiday is not provided for under subclause F10.2. This leave will count as service for all purposes. Only those teachers who are directed or rostered to work during this period may attend for work over the Christmas shutdown period.
V9.3
V9.4
V10 Stand down

V10.1 Stand down applies to school based teachers and principals only. Office based teachers must use a form of leave, flextime or time in lieu to access time off during the stand down period detailed in subclauses V10.2 and V10.3. The days following the designated annual leave period set out in subclause V11.4 and prior to commencement of the school year constitute a stand down period. The working days between the published school term dates during the school year also constitute a stand down period. Where circumstances justify it, the head of service may recall a teacher or principal to duty during a period of designated stand down. Where a teacher or principal is required on duty during a period of stand down, there is no entitlement to day(s) of stand down in lieu of such duty.
V10.2
V10.3
V10.4
V10.5
V11 Annual leave for school based teachers and principals

V11.1 V11.2 This clause must be read in conjunction with clause F7 of this Agreement. Teachers in schools who commence duty on or before first school day of a calendar year and work without a break in service during the year, are entitled to the equivalent of four weeks annual leave for each calendar year of service for their ordinary hours of duty. The head of service may direct a teacher or principal to take accrued annual leave, whether or not an
V11.3
application for leave has been made, at a time that is convenient to the Directorate. V11.4 School based teachers and school leaders are required to take their accrued annual leave (20 days maximum) during a period commencing on the first working day following the end of term 4 and concluding on the last working day prior to Australia Day. This period consists of: (a) public holidays (in accordance with clause F10); (b) annual leave (maximum of 20 days); (c) Christmas shutdown (in accordance with clause V9); and (d) where required, stand down (clause V10). During the period referred to in subclause V11.4, the maximum 20 days of annual leave will be exhausted. To facilitate this, access to Christmas shutdown and stand down will be adjusted, if required. This period where the 20 days annual leave is exhausted is the designated annual leave period. As an example: In the event that declared public holidays, two days Christmas shutdown and only 19 days annual leave would complete the period referred to in subclause V11.4, then only one day of Christmas shutdown would be accessed to ensure the 20 days annual leave is exhausted. V11.6 When a teacher or principal does not have sufficient accrued annual leave to cover the designated annual leave period, they will be placed on stand down once accrued annual leave credits have been exhausted. Unless otherwise determined by the head of service, this period of stand down will be without pay. Unless otherwise determined by the head of service, school based teachers and principals may not use accrued annual leave during school term time.
V11.5
V11.7
V12 Recall to duty during annual leave

V12.1 Where circumstances justify it, the head of service may recall a teacher or principal to duty during a period of designated annual leave. When the head of service recalls a teacher/principal to duty during a period of annual leave and the period is five days or less, the teacher/principal will be entitled to time in lieu for the period of recall. The exact period of time in lieu must be registered in writing with the principal or, in the case of principals, with the school network leader at the commencement of the school year immediately following the period of annual leave. When the head of service recalls a teacher/principal to duty during a period of annual leave and the period is in excess of five days, the teacher/principal will have the period of annual leave re-credited. Registered time in lieu and re-credited annual leave resulting from a recall to duty during annual leave may be taken at a time in the subsequent school year agreed between the teacher/principal and the head of service. Approval to take registered time in lieu and re-credited annual leave is subject to the efficient operations of the school. Registered time in lieu not taken by the end of the subsequent school year will not carry over the following year.
V12.2
V12.3
V12.4
V12.5
V12.6
V13 Annual leave loading

V13.1 Classroom teachers and school counsellors who are entitled to annual leave under clause F7 of this Agreement will be paid an annual leave loading. The amount of a teacher's entitlement under subclause V13.1 will be based on 17.5 percent of the teachers ordinary hourly rate of pay on 1 January multiplied by the number of hours of annual leave accrued during the preceding 12 months service. Where a teacher's entitlement is based on subclause V13.2, the leave loading payable is subject to a maximum payment. This maximum payment is the equivalent of the Australian Bureau of Statistics' male average weekly total earnings for the September quarter of the year before the year in which the date of accrual occurs. Where the leave accrual is less than for a full year, this maximum is applied on a pro rata basis. Part time teachers will be paid the annual leave loading on a pro rata basis. A teacher whose employment ceases and who is entitled to payment of accumulated annual leave or pro rata annual leave will be paid any accrued annual leave loading not yet paid and leave loading on pro rata annual leave entitlement due on separation. Annual leave loading will be paid in conjunction with annual leave taken, under clause V11 of this Agreement. Any unpaid annual leave loading accrued by employees will be paid each year on the last payday in term 4 of the school year.
V13.2
V13.3
V13.4 V13.5
V13.6
V13.7
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section W Office based teacher conditions
Section W Office based teacher conditions

W1
W1.1
Hours of duty
With the exception of managers (SLA) and assistant managers (SLB), ordinary hours of work for office based teachers are 147 hours over a four week period (i.e. an average of 73 hours 30 minutes per fortnight or 36 hours 45 minutes per week). Ordinary daily hours of work are 7 hours 21 minutes. For part time teachers, hours are those designated for the job or agreed in their part time work agreement.
W1.2
W2
W2.1
Scheduling of meetings
To assist employees to meet their personal responsibilities, where possible, all meetings in the Directorate are to be scheduled at times that take into account those responsibilities. Where possible, regular meetings and other scheduled activities should be included in the year/term planner.
W2.2
W3
W3.1
Personal and career development
For the duration of their placement in the office, teachers will negotiate a personal career and development plan suitable to the continuing development and enhancement of their professional skills and talents. The plan must include a process for professional appraisal and may be based on Professional Pathways, the central office performance management process or the Principals Performance and Development Agreement currently in place.
W4
W4.1
Flextime
Flextime will provide the framework for an employees, other than a casual employees, pattern of attendance at work to be varied according to the needs of the employee and the requirements of the work unit. It is not a system that is designed to increase or reduce the total number of hours that must be worked. For flextime arrangements to work effectively, managers and employees have a responsibility to manage hours of work to ensure that individuals are not building up excessive flex credits without: (a) the opportunity to access flextime accrued; and being productively employed; i.e. a manager/supervisor may require an employee not to (b) accumulate flex credits before 8.30am or after 4.51pm where there is insufficient work or an employee cannot be sufficiently managed. Only employees at or below School Leader C will participate in flextime. School Leader C employees in central office may negotiate suitable alternative time-in-lieu arrangements in consultation with their managers. These arrangements must be documented and approved at director level, and will replace any flextime arrangements previously in operation for that individual. Hours of work arrangements will be in accordance with operational requirements and workplace health and safety principles. This means that patterns of working hours that have the potential to impact on the health of an employee, such as working long hours in a condensed period or avoiding meal breaks so as to depart early from work, should be avoided. As far as practicable, an employee will not be required to work for longer than five hours without a
W4.2
W4.3 W4.4
W4.5
W4.6
break of a minimum of 30 minutes duration. W4.7 The span of hours for employees eligible for flextime provisions will be from 7.00am to 7.00pm, Monday to Friday. Employees may work outside the span of hours stipulated at subclause W4.7 where an employee and the manager/supervisor so agree. This provision is designed to add flexibility in exceptional circumstances and is not intended to replace normal overtime provisions. Where an employee works outside the span of hours in accordance with subclauses W4.8, these hours will be considered normal hours of duty and will not attract overtime payments or time off in lieu provisions on an hour for hour basis, unless otherwise agreed between the employee and the manager/supervisor prior to the work being performed. A settlement period will comprise two pay periods (i.e. four weeks). Starting and finishing times within the span of hours are to be determined for individual work areas by the head of service based on operational needs. An employee may have a maximum flextime credit equal to the employees normal weekly hours of duty, at the end of the settlement period. This may be varied by agreement between the manager/supervisor and the employee. There is no provision to cash out flextime credits either during a period of employment with the Directorate or upon separation or transfer out of the Directorate. The maximum flextime debit that may accrue is ten hours in any settlement period. Any debit in excess of the maximum debit at the end of a settlement period will be considered to be leave without pay and deducted in accordance with the overpayment process at clause D3 of this Agreement. Any flextime debits an employee has, if the employee ceases employment with the Directorate, will be recovered from any termination payment owing to the employee, except in the case of death. Accrued flextime credits will be taken at such times and in such a period or periods as are agreed between the employee and the manager/supervisor and approved prior to taking accrued flextime. It is the responsibility of both the employee and the relevant manager/supervisor to take steps to ensure that accrued flextime credits can be taken as time off, in accordance with this clause. Teachers with accrued flextime credits must be given the opportunity to take the credit prior to the completion of their placement. Flextime credits cannot be transferred to a school based position. An employee not complying with these flextime provisions may be directed to work standard hours or the employees standard working pattern. Standard hours are 8.30am to 12.30pm and 1.30pm to 4.51pm Monday to Friday, for an employee whose hours of work are provided for in subclause B4.3 of this Agreement (36.75 hours per week).
W4.8
W4.9
W4.10 W4.11
W4.12
W4.13
W4.14
W4.15
W4.16
W4.17
W4.18
W5
W5.1
Flexible working arrangements for School Leader A and B
The Directorate has a responsibility to minimise the extent to which excessive hours are worked by its employees. As far as practicable, the Directorate will develop strategies to try to reduce the incidence of excessive hours being worked. However, the Directorate recognises that there is an expectation that its employees at the School Leader A and B classifications in central office, because of the nature of the employees duties and
W5.2
responsibilities, may be required to work extensive hours over a significant period. W5.3 The working arrangements (including working hours) for an employee who is a School Leader A or B will be agreed between the employee and their director (but must be at least 36.75 hours per week). In considering these working arrangements, the employee and the director will take into account in particular: (a) the operational requirements and workload demands of the Directorate or business unit; and (b) the interests of the employee in achieving a reasonable balance of work and personal life. In recognition of excessive hours that may be performed by employees, other than casual employees, who are at the School Leader A and B classifications, the arrangements set out in subclauses W5.5 and W5.6 will apply. An eligible employee will be able to access the credit hours under subclause W5.6 once the employees manager/supervisor is satisfied that the employee has accumulated additional hours in excess of their ordinary weekly hours of work (i.e. 36.75 hours) in an accrual year. Once an employee satisfies the requirements of subclause W5.5, the employee will be provided with a credit bank of 36.75 hours (credit hours) under the following conditions: (a) the credit hours are to be taken within 12 months of the credit hours being granted, at a time agreed between the employee and the manager/supervisor; and (b) the credit hours not taken by the employee within 12 months of the credit hours being granted will lapse; and (c) the credit hours are granted on the basis that the employee maintains appropriate records. The Chief Minister and Cabinet Directorate, in conjunction with the Directorate, will promote the use of these provisions and will monitor their take-up. Despite subclauses W5.1 to W5.7, an employee who is at the School Leader A or B classification in central office may negotiate a suitable alternative time-in-lieu arrangement in consultation with their director. This arrangement must be documented and approved at director level.
W5.4
W5.5
W5.6
W5.7
W5.8
W6
W6.1
Graduated return to work
Unless otherwise agreed and recorded with the Director Human Resources, office based teacher conditions will apply to teachers placed in the office on a graduated return to work placement.
W7
W7.1
Stand down and annual leave on commencement
Prior to commencement in an office position, a teacher will not normally be required to attend from the working day after the last day of term 4 until 31 December (stand down). Annual leave must be taken from the first working day after 1 January till the commencement date of the placement. The manager in consultation with the employee will determine the commencement date of the placement after 1 January.
W7.2
W7.3
W8
W8.1
Stand down and accrued annual leave
Commencement dates for placement of office based teachers will not normally fall during a stand down period The placement dates for office based teachers will include any stand down periods following the commencement of the placement.
W8.2
W8.3
Office based teachers will be required to attend or take leave during any stand down periods covered by the placement dates. It is expected that office based teachers will exhaust all available annual leave credits, accrued during the period of the placement, prior to their return to school. Deeming provisions for annual leave contained within the PSM Standards do not apply. For office based teachers with annual leave credits in excess of 2.5 years of entitlement, reduction of excess annual leave will be done in accordance with subclauses F7.19 to F7.22. Where an office based teacher has accrued 2.5 years or more of annual leave entitlement, an application for leave by that teacher will, if not recommended by his or her supervisor, be forwarded to the relevant director for further consideration.
W8.4
W8.5 W8.6
W8.7
W9
W9.1
Vacation child care subsidy
This clause applies to an office based teacher (other than a casual or temporary employee who has been engaged by the Directorate for a period of less than 12 months) with school age children, who makes an application for annual leave, purchased leave or long service leave during school holidays that is rejected. In these circumstances, the head of service will make payment to the employee for each calendar year based on: (a) $52 per day towards the cost of each school child enrolled in an accredited school holiday program; (b) up to a maximum of $260 per child per five days; (c) up to a maximum of ten days per child per year; (d) up to a maximum of three children; and (e) reimbursement on production of a receipt. An accredited school holiday program is a program approved and/or subsidised by a state, territory or local government. The payment will apply only on the days when the employee is at work. The payment will be made regardless of the length of time the child is in the program each day, but it cannot exceed the actual cost incurred. An employee whose domestic partner receives a similar benefit from the partners employer is not eligible for the payment.
W9.2
W9.3 W9.4
W9.5
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section X School leadership group
Section X School leadership group

X1
X1.1 X1.2
School leadership group
This section applies to teachers in School Leader A, B and C classifications. General provisions for teaching staff will apply to school leaders unless specifically stated otherwise.
X2
X2.1
Professional learning
Educational leadership is important for enhancement of student outcomes, promotion of staff excellence, and for the effective and efficient operation of schools. The school leader role requires significant planning, administration and management, which is frequently undertaken outside of school hours. This Agreement acknowledges that school leaders will devote an identified proportion of designated stand down periods throughout the year in strategic management and leadership tasks and in professional learning activities. School Leaders will participate in professional learning as outlined in subclause R7.1.
X2.2
X2.3
X3
X3.1
School leader selection procedures
School leaders are selected using procedures agreed between the Directorate and the AEU and documented in the School Leadership Capabilities Framework and the Procedures for filling school leader positions, listed at clause M2 of this Agreement.
X4
X4.1
Performance and development
All principals (SLA) will participate in the agreed Principals Performance and Development Agreement. Deputy principals (SLB) and executive teachers (SLC) will participate in the Professional Pathways program at clause R9 and detailed in the Guidelines for performance and development listed at clause M2 of this Agreement. There is an expectation that principals will maintain a high profile as leaders in the educational community. Principals have a personal responsibility to maintain professional standards of the highest order, demonstrated through a commitment to ongoing professional learning and continuous improvement. By modelling a commitment to continuous learning, principals ensure currency in their profession and ensure high professional status. Principals have an important role in ensuring that high standards of teaching practice are maintained in schools. By demonstrating a commitment to an effective performance and development process, principals recognise and promote the value of critical reflection in developing excellent classroom practices. Principals accept responsibility for supporting and valuing the enhancement of professional practice of teachers through positive leadership within the Professional Pathways program.
X4.2
X4.3
X4.4
X5
X5.1 X5.2
Managing underperformance: principals
Under this clause, procedures are established for managing underperformance by a principal. This clause applies to all principals, including principals in central office employees, except casual employees. In applying these procedures to officers on probation, or fixed term employees who have been engaged for a continuous unbroken period of less than two years, the head of service may determine that procedures and practices throughout clause X5 may be applied on an appropriate basis
according to the circumstances of the case, and in accordance with the principles of procedural fairness and natural justice. X5.3 The objectives of these procedures are to: (a) provide advice and support to a principal whose performance is below standard; and to provide a fair, prompt and transparent framework for action to be taken where a principal (b) continues to perform below expected standard. Consistent with good management practice, concerns about unsatisfactory work performance should be raised by the school network leader with the principal at the time that the concerns arise. The school network leader should offer advice and support to the principal to overcome these concerns. The school network leader should inform the principal that the following procedures might be invoked if the work performance continues to be unsatisfactory. These procedures must be applied in accordance with the principles of natural justice and procedural fairness and in a manner that promotes the values and general principles of the ACTPS. In order to ensure that these procedures operate in a fair and transparent manner, the school network leader will be responsible for making written or audio records of all relevant discussions under these procedures. The principal must be given the opportunity to comment on any records before signing them. The Directorate must adhere to record keeping and record disposal requirements of the TR Act and the associated Territory Administrative Records Disposal Schedule. Step one: action plan Where a school network leader considers that a principals work performance is not satisfactory and the school network leader has previously discussed concerns about the principals performance with the principal and the problem continues or recurs, the school network leader will inform the principal in writing of this assessment and the reasons for it. The principal will be invited by the school network leader to provide the school network leader with written comments on this advice, including any reasons that may have contributed to the recent standard of work performance of the principal. After taking into account the comments from the principal, the school network leader must prepare an action plan designed to improve the work performance of the principal. This action plan will be developed by the school network leader in consultation with the principal. The school network leader will invite the principal to have a union or other employee representative to be present at discussions on developing the action plan and allow reasonable opportunity for this to be arranged. The action plan will: (a) identify the expected standard of work required of the principal on an on-going basis; (b) develop training and development strategies that the principal should undertake, if relevant; (c) outline the potential implications if the principal does not meet the expected standard; and specify an assessment process and period for the action plan (the action plan period), which (d) should not normally be less than one month and should not normally exceed six months. The Principals Performance and Development Agreement for the principal will be suspended during the period of the action plan.
X5.4
X5.5
X5.6
X5.7
X5.8
X5.9
X5.10 X5.11
X5.12
X5.13
X5.14
Step two: regular assessment During the action plan period, the school network leader will make regular written assessments (desirably every fortnight) of the principals work performance under the action plan. The principal will be given an opportunity to provide written comments on these assessments. If the initial action plan was for a period of less than six months, and at the end of that action plan period the school network leader considers that further time is needed for a fair assessment to be made, then the school network leader may extend the action plan up to a total period of six months. The school network leader will inform the principal in writing of this decision before the end of the initial action plan period. Step three: final assessment/report If at the end of the action plan period, the school network leader assesses the work performance of the principal as satisfactory, no further action will be taken under these procedures. The school network leader will inform the principal in writing of this conclusion. If at the end of the action plan period, the school network leader assesses the work performance of the principal as not satisfactory, the school network leader will provide an assessment report to the head of service. Step four: underperformance action The head of service will advise the principal in writing: (a) of the assessment and reasons for the school network leaders assessment; (b) of the action or actions (underperformance action) proposed to be taken; that the principal is invited to respond in writing to the proposed action within a specified (c) period (not to be less than 24 hours or more than seven days). After considering any response from the principal, the head of service may decide to take one or more of the following underperformance actions under these procedures: (a) transfer to other duties (at or below current pay); (b) temporary or permanent reduction in classification and pay; or (c) termination of employment in accordance with the PSM Act. The head of service will inform the principal in writing of this decision and the appeal mechanisms available under this Agreement. At any time after seven calendar days from the date the head of service advised the principal under subclause X5.18, the head of service may take one or more of the underperformance actions outlined in the information provided to the employee under subclause X5.18. At any time in these procedures, the principal may elect to be retired on the grounds of inefficiency.
X5.15
X5.16
X5.17
X5.18
X5.19
X5.20
X5.21
X5.22
X6
X6.1
Appeal rights
The principal has the right under Error! Reference source not found. to appeal any underperformance action taken under subclause X5.21, except action to terminate the principals employment. The principal may have an entitlement to bring an action under the FW Act in respect of any termination of employment under this Agreement. This will be the sole right of review of such an action.
X6.2
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Annex A Salaries and allowances
Annex A Salaries and allowances

Annex A1
AA1.1
Introduction
For the purposes for calculating salary and leave entitlements, all teachers are paid for ordinary daily hours of 7 hours 21 minutes and ordinary weekly hours of 36.75 for full time employees.
Annex A2
Classroom teacher* 3 year trained New Educator 1.1 1.2 1.3 Experienced Teacher 1 2.1 2.2 2.3 2.4 Experienced Teacher 2 3.1 3.2 30 June 2011 $51,178 $55,327 $58,094 $60,859 $63,626 $67,082 $70,541 $74,001 $78,837 n/a
Classroom Teacher
1 October 2012 3.0% $54,951 $58,041 $61,131 $64,221 $67,311 $70,401 $73,491 $76,581 $81,731 $86,881 1 October 2013 1.5% $55,775 $58,911 $62,047 $65,184 $68,320 $71,457 $74,593 $77,729 $82,956 $88,184 1 April 2014 2.5% $57,169 $60,384 $63,599 $66,813 $70,028 $73,243 $76,458 $79,672 $85,030 $90,388
1 October 2011 Differential (av. 5.0%) $53,350 (4.2%) $56,350 (1.9%) $59,350 (2.2%) $62,350 (2.5%) $65,350 (2.7%) $68,350 (1.9%) $71,350 (1.2%) $74,350 (0.5%) $79,350 (0.6%) $84,350 (7.0%)
*Includes School Counsellor in accordance with clause V5 of this Agreement.
Annex A3
30 June 2011 Executive Teacher*
School Leader C (Executive Teacher)

1 October 2011 Differential (av. 5.0%) $97,350 (6.1%) 1 October 2012 3.0% $100,271 1 October 2013 1.5% $101,775 1 April 2014 2.5% $104,319
4.1
$91,768
*Includes Senior Counsellor in accordance with clause V5 of this Agreement.
Annex A4
Principal Category Deputy Principal (SLB) Principal (SLA) 2 2+ 3 3+ 4 4+ 4++ 5 5+ 5++ 5+++
School Leader B (Deputy Principal/Assistant Manager) and School Leader A (Principal/Manager)

30 June 2011 1 October 2011 Differential (av. 5.0%) $113,350 (15.6%) $114,495 (9.8%) $114,495 (5.0%) $114,495 (5.0%) $119,494 (5.0%) $124,490 (5.0%) $129,487 (5.0%) $134,485 (5.0%) $134,485 (5.0%) $139,483 (5.0%) $144,482 (5.0%) $149,480 (5.0%) 1 October 2012 3.0% $116,751 n/a $125,000 (9.2%) $125,000 (9.2%) $127,000 (6.3%) $128,225 $133,372 $138,520 $138,520 $143,667 $148,816 $153,964 1 October 2013 1.5% $118,502 n/a n/a n/a $129,000 (1.6%) $130,148 $135,372 $140,597 $140,597 $145,823 $151,049 $156,274 1 April 2014 2.5% $121,464 n/a n/a n/a n/a $133,402 $138,756 $144,112 $144,112 $149,468 $154,825 $160,181
5.1 5.2 5.2 5.2 5.2 5.2 5.2 5.2 5.2 5.2 5.2 5.2
$98,077 $104,283 $109,043 $109,043 $113,804 $118,562 $123,321 $128,081 $128,081 $132,841 $137,602 $142,362
Annex A5
30 June 2011 School Network Leader
School Network Leader

1 October 2012 3.0% 1 October 2013 1.5% 1 April 2014 2.5%
1 October 2011 Differential (av. 5.0%) $156,093 (6.1%)
6.1
$147,175
$160,776
$163,187
$167,267
Annex A6
30 June 2011 Casual Teacher 1
(daily rate)
Casual Teacher
1 October 2012 3.0% 1 October 2013 1.5% 1 April 2014 2.5%
1 October 2011 Differential (av. 5.0%) $293 (5.4%) $333 (9.5%)
$278 $304
$302 $343
$306 $348
$314 $357
Casual Teacher 2
(daily rate)
Annex A7
30 June 2011 Casual Intern
(daily rate)
Casual Intern
1 October 2012 3.0% $219 1 October 2013 1.5% $223 1 April 2014 2.5% $228
1 October 2011 Differential (av. 5.0%) $213 (19.7%)
$178
Annex A8
AA8.1
Advancements
Advancements applicable under clause O4 Advancements will be adjusted in accordance with the following table: 30 June 2011 1 October 2011 5.0% $4,998 1 October 2012 3.0% $5,148 1 October 2013 1.5% $5,225 1 April 2014 2.5% $5,356
1 unit of advancement
$4,760
Annex A9
30 June 2011 Special Education Allowance (p.a.) $2,159
Special education allowance

1 October 2012 3.0% $2,335 1 October 2013 1.5% $2,370 1 April 2014 2.5% $2,429 5.0% $2,267
1 October 2011
ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Annex B Expense, disability and skill related allowances
Annex B Expense disability and skill related allowances

1. Disability allowances
ALLOWANCE Camping Employee Type An employee who is required to camp out or who is employed as a member of an ACTPS camping party and is camping out. An employee assisting temporarily in a camping party, or replacing a member of a camping party who is on recreation leave or absent for any other reason, is entitled to be paid the allowance if they stay in the camp. (TAMS, ESD formerly DECCEW and ETD school based employees) Camping allowance is payable to employees who as members of an ACTPS camping party are required to camp out and are not staying in commercial lodgings where a travel allowance is payable. The allowance is payable for each night under camping conditions subject to various qualifying conditions for different levels of allowances detailed below. per day per day Camping outlay 1. cook provided: 2. cook not provided: $30.07 $50.26 $31.12 $52.02 $32.21 $53.84 Rates as at 1.7.10 3.5% from 18.8.11 3.5% from 1.7.12
Directorate Description Rate/Frequency
Where an employee who is entitled to be paid a Camping allowance is required to camp out in excess of seven days, they will be entitled to an additional allowance for the period which is: per day per day per night 3. more than 7 days but less than 14 days: 4. not less than 14 days but less than 21 days: 5. any other case more than 21 days: $60.36 $120.72 $181.11 $62.47 $124.95 $187.45 $64.66 $129.32 $194.01
Where an employee is not supplied with camping equipment by the Directorate and they hire it, in addition to the allowance under this provision they are entitled to be paid an allowance equal to the cost of hiring the equipment. Where an officer is required to move from camp to camp and where they are not staying in a base camp, a caravan or a hut, then an additional allowance is to be paid if the period of camping out is: per night per night 6. more than 1 night but not more than 5 consecutive nights 7. not less than 6 consecutive nights $9.59 $19.21 $9.93 $19.88 $10.27 $20.58
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Payment on Leave
1. Where a member of a camping party receiving Camping allowance goes on recreation or other leave (except personal leave) with or without pay, the allowance must be discontinued during the leave. 2. Where a member of a camping party goes on recreation leave and is unable to reach headquarters (where the leave will commence) on the day of leaving camp and an overnight stay in a hotel or motel is necessary, the employee should be reimbursed for reasonable travelling expenses for the journey from the camp to headquarters, and for the return journey, under the conditions set out in Part 7.1 of the Public Sector Management Standards. 3. A member of a camping party receiving Camping allowance who goes on personal leave is covered by the Personal leave provisions of this agreement. (a) If a member of a camping party while in camp is granted personal leave, Camping allowance may be continued for a period not exceeding one month if the member remains in camp or incurs expense for board and lodging in the same locality as the camp. (b) If a member of a camping party covered by this provision returns home or travels to a hospital, the fares to home and return to duty should be met by the Directorate. However, fares to and from an employee's home should not be paid under this provision if the Directorate considers it unreasonable, having regard to (for example) the distance to be travelled by the employee and the nature and likely duration of the illness. (c) If the employee travels to a hospital, fares to and from the nearest hospital should be paid under the conditions of this provision, provided that there is no hospital at the specified headquarters of the party. (d) An allowance should be paid for the journey to and from home or hospital, at the rate that would have been payable had the employee been on duty during the period covered by the journey; and for the period in hospital, where the hospital is situated away from their home town or headquarters. For the period covered by this provision, an employee should be in precisely the same position as if remaining on duty with the party. (For example, if the party was in camp during the member's absence, the allowance would be payable. If the party was part in camp and part in lodgings, Camping allowance would be calculated on that basis).
Definitions
base camp means a camp in which there are caravans, huts or tents for sleeping and usually for messing;
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water for washing clothes and bathing; and a kitchen with a refrigerator and other amenities. 1. Where a member of a camping party travels to and from home each day without Camping allowance, or without claiming reimbursement for travel under Part 7.1 of the Public Sector Management Standards (PSMS), the fare for their travel may be refunded provided that: (a) the cost is not greater than the amount payable for Camping allowance or reimbursement for reasonable travel expenses under Part 7.1 of the PSMS; and Notes (b) the approval of the officer directly responsible for the camping party is first obtained. 2. Where a member of a camping party desires to leave camp and visit home for weekends or public holidays (including during the period from Christmas Day to New Year's Day), and provided the Directorate incurs no expense for transport, Camping allowance may be continued during the absence from camp (but not for any days on which the employee is on leave with or without pay). 3. Except as provided under this provision, Camping allowance must not be paid during a weekend and public holidays comprising more than four consecutive days. Exclusions 1. The allowance does not apply to an employee who has been authorised by the head of service to reside in lodgings. 2. No allowance for travelling time or waiting time is payable under this provision. 1. An employee will be eligible to be paid an allowance listed above only for such periods as the employee directly experiences a disability. Where an employee directly experiences a disability for a part of the period specified will be deemed to have experienced the disability for the entire period. 2. An employee who experiences more than one disability listed above will, with the exception of those allowances listed in (3) below, only be entitled to receive payment for the disability which attracts the highest rate of allowance.
Disability allowances notes:
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2. Qualification allowances
ALLOWANCE First aid Employee type Directorate First Aid Officers (All Directorates) An employee who is suitably qualified and who is selected and performs the duties of a First Aid Officer will be paid an allowance determined by their qualification level: 1. A Base Level qualification is a Certificate awarded by a Registered Training Organisation that is accredited to deliver First Aid training. This would normally be based on a minimum of 8 hours training and would include: Expired Air (EAR), Cardiopulmonary resuscitation (CPR), Life threatening emergencies and General minor first aid treatment. 2. An Advanced Level qualification requires a minimum of 18 hours training and building on the base level training outlined above and provides training in first aid management and procedures in a workplace environment. 3. An Occupational or Specialist level qualification requires a minimum of 30 hours training and building on the advanced training outlined above. The training required to meet this level will include the ability to completely render first aid in the workplace in the context of the OH & S legislation. Rate/frequency per fortnight per fortnight per fortnight 1. Base level: 2. Advanced level: 3. Occupational or specialist level: $21.45 $26.87 $31.88 $22.20 $27.81 $33.00 $22.98 $28.78 $34.15 Rates as at 1.7.10 3.5% from 18.8.11 3.5% from 1.7.12
Description
The allowance is payable during: (a) long service leave, paid maternity or primary care giver's leave or annual leave; Payment on leave (b) paid personal leave or other leave with pay for up to one month. Where leave is on reduced pay, or without pay, the allowance must be proportionately reduced or withdrawn accordingly. The allowance is included in salary for payment in lieu of long service leave and annual leave.
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Note Additional information ALLOWANCE Linguistic availability/ performance (LAPA) Employee type Directorate Description Rate/frequency
These rates should be paid in full to part time employees. See Note 1. below. Rates as at 1.7.10 All classifications (All Directorates) Employees whose duties involve communication on a regular basis in languages other than English, including Deaf Oral language, Deaf Sign language and Aboriginal languages, will be paid an allowance if their language competence meets the required level, as follows: per annum per annum 1. NAATI Level 1: 2. NAATI Level 2 or higher: $942.04 $1,882.76 $975.01 $1,948.66 $1,009.14 $2,016.86 3.5% from 18.8.11 3.5% from 1.7.12
Payment on leave Exclusion Note Additional information
The allowance is payable during paid personal leave, annual leave and long service leave, pro-rata where appropriate, but not during any other period of leave. Employees who are classified as an Interpreter or Translator are not eligible for the allowance Eligible part time employees are entitled to receive the allowance on a pro-rata basis. See Note 2. below.
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Qualification allowances notes: 1. First aid allowance: (a) The First Aid Allowance is based on possession of qualifications issued by a registered training organisation, or other recognised organisation, with an accredited course, that has the capacity to deliver, assess and issue qualifications for nationally recognised training in First Aid. (b) The First Aid Allowance is payable only if the relevant first aid qualification of an employee is current. (c) Where the qualification of an employee who is in receipt of the allowance is no longer current, the head of service may allow a short period to allow for requalification. (d) The head of service may reimburse fees for renewal of qualification and/or relevant courses incurred by an employee who is eligible to be paid a First Aid Allowance. (e) Where an employee holds more than one first aid certificate, the employee is entitled to be paid an allowance for only one of those certificates, being the certificate for which the higher rate of allowance is payable. (f) The allowance must not be included in salary for overtime or penalty payments. (g) Where an employee who normally undertakes first aid functions is absent and another employee who is qualified in first aid undertakes all the duties for which the allowance is paid, the relieving employee is entitled to be paid the allowance appropriate to that employee's qualifications. 2. Linguistic availability/ performance allowance: (a) The required standard of language competence is accreditation at National Accreditation Authority for Translators and Interpreters (NAATI) Level 1. (b) Where assessment in a language is not offered by NAATI, the head of service may approve assessment by another individual or body that has: (i) the necessary expertise to assess the language skills; and (ii) sufficient knowledge of NAATI levels and competencies required to determine the appropriate rate of LAPA. (c) The head of service should arrange accreditation testing, and pay any associated fees, for employees being considered for LAPA. Accreditation is organised by NAATI. (d) Until such time as recognition by NAATI, or an alternative provider, is available, the head of service may approve the payment of LAPA Level 1 to an employee on the certification of the employee's supervisor. (e) LAPA may be paid from the date of an employee's application for payment, or from the date at which the head of service determines the need for the language has been demonstrated. (f) The head of service should review the payment of LAPA annually, or whenever the employment status of a recipient changes, e.g. upon the recipient's promotion or temporary transfer. Such reviews should address whether there is a continuing need for communication in a language other than English.
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3. Expense related Allowances

ALLOWANCE Travelling entitlement Employee type Directorate An employee appointed to, or on contract at, Birrigai at Tidbinbilla or Jervis Bay Primary School. (ETD) An employee appointed to, or on contract at, Birrigai at Tidbinbilla or Jervis Bay Primary School will be paid the following allowance for each complete trip when they attend duty to a maximum of one per day. An employee is entitled to be paid the full rate of the entitlement for each continuous period of duty where they: (a) travel to an isolated establishment to attend for a period of normal duty; or (b) have been directed to return to duty, with or without prior notice, to perform extra duty; at their own expense. Where an employee travels at the Department's expense on the journey either to or from the isolated establishment, they are entitled to be paid the partial rate. 1. Birrigai at Tidbinbilla per day per day (a) travel at the Directorate's expense, to or from (b) travel at the employee's expense $8.46 $16.89 $8.76 $17.48 $9.06 $18.09 Rates as at 1.7.10 3.5% from 18.8.11 3.5% from 1.7.12
Description
Rate/frequency
2. Jervis Bay Primary School per day per day Payment on leave Exclusions Special condition (a) travel at the Directorate's expense, to or from (b) travel at the employee's expense $3.57 $7.13 $3.69 $7.38 $3.82 $7.64
Not paid during any type of paid or unpaid leave. An employee who lives in a dwelling provided by the Department at the isolated establishment, or lives within 10 km of it, is not entitled to travelling entitlement unless they receive a payment for the use of a private motor vehicle for official purposes. Where an employee receives payments of an allowance provided under this provision and the payment is less than the travelling entitlement, they are entitled to be paid the difference
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between the payment received and the travelling entitlement.
ALLOWANCE Motor vehicle Employee type Directorate Description All classifications (All Directorates) The head of service may authorise an employee to use a motor vehicle they own or hire: 1. For official purposes, where the head of service is satisfied this use would: (a) result in greater efficiency; or (b) involve the ACT Government in less expense than if public transport or a vehicle owned by the ACT Government were used. 2. For specified journeys, where the head of service is satisfied that: (a) the use will not result in the employee taking more time on the journey than they would otherwise take; or (b) it would not be contrary to the interest of the ACT Government. 3.Travel between normal headquarters and a temporary work station, or between the employee's home and a temporary work station, where the head of service is satisfied that: (a) there is no public transport available for travel to the temporary station; or (b) although public transport is available, the work program makes its use impossible. Rate/frequency per km per km 1. Small car - 1600cc non-rotary; 800cc rotary: 2. Medium - 1601-2600cc non-rotary; 801-1300cc rotary:
Rates as at 1.7.10
3.5% from 18.8.11
3.5% from 1.7.12
$0.65 $0.76
$0.67 $0.79
$0.70 $0.81
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per km Payment on leave Additional information
3. Large car - over 2600cc non-rotary; over 1300cc rotary:
$0.77
$0.80
$0.82
Not paid during any type of paid or unpaid leave. See Note 1. below.
ALLOWANCE Additional rates of motor vehicle allowance Employee type Directorate Description All classifications (All Directorates) Where an employee who is being paid a motor vehicle allowance, uses the motor vehicle to suit the convenience of the Directorate to: (a) transport a person or persons the cost of which would otherwise be borne by the ACT Government; or (b) transport equipment, tools or materials weighing more than 100 kilograms belonging to or hired by the ACT Government; or (c) haul a caravan or trailer belonging to or hired by the ACT Government; the employee is entitled to be paid an allowance, in addition to the allowance payable above. Rate/frequency Payment on leave per kilometre in addition to the above MVA rates Not paid during any type of paid or unpaid leave.
Rates as at 1.7.10
3.5% from 18.8.11
3.5% from 1.7.12
$0.0065
0.0067
0.0070
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Expense related allowance notes 1. Motor vehicle (a) The amount of the allowance is to be reduced by the amount of any Isolated Establishments (or equivalent) allowance that is payable. If the amount of any Isolated allowance: Establishments (or equivalent) allowance payable exceeds the amount of motor vehicle allowance that would otherwise be payable, then no motor vehicle allowance may be authorised. (b) If an employee satisfies the relevant head of service that the allowance is insufficient to meet the amount of the expenses reasonably incurred and paid by the employee in using a motor vehicle for official purposes, the head of service may grant an additional allowance equal to the amount by which those expenses exceed the amount of the allowance or allowances. (c) If, as a consequence of using a motor vehicle an employee is required to pay a higher insurance premium than would otherwise be the case, they are entitled to be reimbursed the additional cost. d) Employees who use a private motor vehicle under the motor vehicle allowance conditions may be reimbursed parking fees, bridge and car-ferry tolls incurred whilst on duty, but not fines.
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ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Annex C Other leave
Annex C Other leave

Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Without pay. Will not count for any purpose. Without pay. Will not count for any purpose. Attend Aboriginal or Torres Strait Islander ceremonies To attend a ceremony associated with the death of an immediate or extended family member or for other ceremonial obligations under Aboriginal and Torres Strait Islander law. An employee who is of Aboriginal or Torres Strait Islander descent. A maximum period of ten days in any two year period, in addition to bereavement leave. Accompany a domestic partner on a posting To enable an employee to accompany the employees domestic partner for the period, or part of the period, of a posting An employee The maximum period is the period during which the domestic partner of the employee is required to perform duties overseas, or interstate.
Leave to: Purpose Eligibility Entitlement
Attend sporting events as an accredited competitor or official To enable an employee to attend sporting events as an accredited competitor or official. An employee who is selected by an official sporting body to participate as an accredited official or competitor with national or international sporting status. To attend training for, or to attend, a major national or international sporting or other recognised event in the capacity of an accredited official or Page 63
competitor. Conditions Rate of payment Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Leave will be with pay unless otherwise agreed by the employee. With pay or without pay. With pay will count as service for all purposes. Without pay will not count as service for any purpose. Attend Aboriginal and Torres Strait Islander meetings For attending representative meetings in the capacity of an elected representative of the Aboriginal and Torres Strait Islander peak body. An employee who is an elected representative of the ACT Aboriginal and Torres Strait Islander peak body. Paid time to attend recognised meetings. If an employee accepts any fee for attendance at the meeting, leave will be granted without pay. An employee may accept reimbursement for out-of-pocket expenses. Full pay. Will count as service for all purposes.
Leave to: Purpose Eligibility Entitlement Conditions Rate of payment
Attend as a witness To enable an employee to give evidence before a body or person before whom evidence may be taken on oath. An employee Refer to rate of payment If an employee is required to travel to give evidence, they may be reimbursed for reasonable travel expenses as if the employee had travelled in the course of the employees duties, less any amount received as witnesses expense s. With pay where the employee is to give evidence: (a) on behalf of a Territory, a State or the Commonwealth; or
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(b) (c) (d) (e) (f)
on behalf of an authority established by or under a law of a Territory, State or the Commonwealth; or in a judicial review or administrative review proceeding where the matter being reviewed relates to the work of the employee; or before a Royal Commission appointed under a law of the Commonwealth; or before a person conducting an inquiry under a law of a Territory, a State or the Commonwealth; or before a person or authority exercising arbitral functions under a law of a Territory, a State or the Commonwealth.
Without pay where the leave to give evidence is for any other purpose. Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Full pay. Will count as service for all purposes. Attend proceedings at Fair Work Australia To enable the employee to give evidence on behalf of a staff organisation in proceedings at Fair Work Australia An employee who is a representative of a staff organisation. The time necessary to present a case or to give evidence or to attend inspections conducted by Fair Work Australia, plus reasonable travel time. Leave with pay cannot be granted to more than two representatives for the same period With pay Will count as service for all purposes. Attend NAIDOC week activities To enable an employee to attend and participate in NAIDOC Week activities. An employee who is of Aboriginal or Torres Strait Islander descent. This leave may be granted for one complete day or for varying periods over the weeks activities, totalling the equivalent of one complete day.
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Without pay Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Without pay. Will not count for any purpose. With pay will count as service for all purposes Without pay will not count as service for any purpose, but does not break continuity of service for long service leave purposes. Campaign for election To enable the employee to campaign for election An employee who is standing for election to the ACT Legislative Assembly, Commonwealth or State House of Parliament, or other legislative or advisory body approved by the Commissioner. A maximum period of three months.
Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements
Cope with an emergency or disaster Where an employee is affected by a disaster which has destroyed or significantly damaged the employees usual place of reside nce or its contents. An employee whose home is wholly or partly uninhabitable for health or safety reasons. A maximum period of three days in each consecutive period 12 months.
Full pay. Counts as service for all purposes.
Leave for: Purpose
Defence service To enable an employee to undertake specified defence service and, also, enlistment, training and/or deployment with the Australian Defence Force Reserve (ADFR). Page 66
Eligibility Entitlement
An employee The head of service may grant leave without pay to an employee to enable employees to undertake a period of specified defence service. A period of specified defence service is service set out in this Section. Leave granted after the commencement of a period of leave is deemed to take effect at the commencement of that period (that is, retrospective approval). The head of service may grant leave to an employee to enable the employee to perform full time defence service as set out in this Section. The head of service may grant leave to an employee to perform full time service in a time of war as defined in the Defence Act 1903 (Commonwealth) and/or for the purposes of the United Nations in: the Defence Force; a naval, military or air force of a country allied or associated with Austral ia for the purposes of defence; or a naval, military or air force of the United Nations. The head of service may grant leave for an employee to undertake continuous full time service as a member of the Navy, Army or Air Force for a period not exceeding four years for which the employee has volunteered. If an employee, under Commonwealth law is required to render additional service at the conclusion of the period of service for which the employee has volunteered to serve, the leave granted under this Section by the head of service to that employee is extended for the period necessary to enable the employee to undertake that additional service. Leave granted under this Section is with pay for the first fourteen days and without pay for the remainder of the time. The leave counts as service for all purposes except annual leave. If an employee does not return to duty with the ACTPS the LWOP does not count as service for any purpose. The maximum period of leave in a year that may be granted for the purposes of annual training is: in the case of a member of the Navy thirteen days; in the case of a member of the Army fourteen days; and in the case of a member of the Air Force sixteen days. The maximum period of leave in a year that may be granted for the purpose of attendance at a school, class or course of instruction, conducted for the training of members of the Navy, Army or Air Force is: in the case of a member of the Navy thirteen days; in the case of a member of the Army sixteen days; and in the case of a member of the Air Force sixteen days. The maximum period of defence service leave set out above includes any Saturday or Sunday between the first day of a period of leave in respect of a continuous period of training and the last day of that period of leave. If a person who is the commander of an employee in relation to an employees membership of the Navy, Army or Air Force, certi fies in writing that Page 67
attendance by an employee for the purposes of annual obligatory defence service training for a period in addition to those specified above is necessary, leave with pay not exceeding four days in a year may be granted to the employee to enable the employee to undertake that additional training. If in a year an employee is required to engage as a member of the Army in a continuous period of training of not less than 33 days, including Saturdays and Sundays, leave of absence may be granted to the employee to enable the employee to engage in that continuous period of training. A period, or periods of leave, not exceeding 33 days in aggregate, granted under this Section in a year, is with pay and counts as service for all purposes. The head of service may grant leave with pay to an employee to attend an interview or medical examination in connecti on with the employees enlistment in a Reserve Force or Defence Force. Leave granted counts as service for all purposes. Leave must not be granted under this Section if an employee is eligible to be granted leave in special circumstances (see F4 Personal Leave). Conditions Rate of payment Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Full pay. Will count as service for all purposes. Donate blood To enable an employee to donate blood. An eligible employee must give notice to the head of service as soon as practicable of their absence or intention to be absent for Defence Service Leave, including documentary evidence. As per entitlement. As per entitlement. Donate an organ To enable an employee to donate an organ. An employee who volunteers as an organ donor. A maximum period of three months in any 12 month period.
Leave to: Purpose
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Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements
An employee, who volunteers as a blood donor. The time necessary to attend to give blood, including travel and reasonable recovery time.
Full pay. Will count as service for all purposes. Engage in employment associated with compensation To enable an employee to engage in employment outside the ACTPS as part of a rehabilitation process under the Safety, Rehabilitation and Compensation Act 1988. An employee who is, or was, entitled to compensation leave under the Safety, Rehabilitation and Compensation Act 1988 and the employment is part of a rehabilitation process under that Act. A maximum period of three years.
Without pay. Will count as service for all purposes. Engage in employment in the interests of defence or public safety To enable the employee to engage in work or employment that the head of service considers is in the interests of the defence or public safety of the Commonwealth or the Territories. An employee A maximum period of two years.
Without pay. The first 12 months will count as service for all purposes. Subsequent leave will count as service for all purposes except annual leave.
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If an employee does not return to duty with the ACTPS the leave will not count as service for any purpose. Leave to: Purpose Eligibility Engage in employment in the interests of the ACTPS To enable an employee to engage in work or employment outside the ACTPS where the head of service is satisfied that the employment is in the interests of the ACTPS. An employee, other than an employee: (a) (b) Entitlement Conditions Rate of payment Effect on other entitlements Leave to: Purpose Eligibility Entitlement Without pay. Will counts as service for all purposes except for annual leave. If an employee does not return to duty with the ACTPS the leave will not count as service for any purpose. Hold a full time office in a staff organisation To enable an employee to hold a full time office in a staff organisation; council of staff organisations, or credit union, co-operative society, building co-operative or similar body. An employee The maximum period of leave that may be granted is the period for which the employee is elected to office, or in the case of a non-elected office, three years. To be eligible for leave to hold a non-elected office the employee must have been employed in the ACTPS or in the Australian Public Service for at least four years, at the date at which the leave is proposed to begin. Leave may only be granted for this purpose where the relevant body is incorporated and is conducted by, or on behalf of, a staff organisation for the benefit of the members of the staff organisation or all persons employed in the ACTPS. Without pay. Will count as service for accruing personal leave and calculating the period of service for long service, except where the leave is to enable the employee to take up an honorary office. Where leave is granted to enable the employee to take up an honorary office, the first two months leave in each calendar year will count as service for all purposes. Leave in excess of two months in a calendar year will not count as service for any purpose Page 70 who is a probationary employee; or who has six months or less continuous employment.
A maximum period of five years.
Conditions
Rate of payment Effect on other entitlements
other than ongoing eligibility to access maternity leave as provided by the PSM Act, Part 8 clause 172(1). Leave for: Purpose Eligibility Entitlement Local government purposes To enable the employee to attend formal meetings, in the capacity of an elected office holder, of a local government council. An employee who is a duly elected office holder of a local government council. A maximum period of: (a) (b) Conditions Rate of payment Effect on other entitlements Leave for: Purpose Eligibility Full pay. Will count as service for all purposes. Operational service personal leave To enable officers and employees who have rendered operational service to be absent from duty when they are unfit for work because of warcaused injuries or diseases. An officer or employee, other than a casual employee, who has rendered operational service. Operational service personal leave is cumulative and is additional to personal leave entitlements contained in clause F4. (a) Officers in the case of an employee who is mayor or president of the council, five days in any 12 month period; or in any other case three days in any 12 month period.
Entitlement
On appointment, an eligible officer is entitled to nine weeks operational service personal leave. An eligible officer is entitled to receive an additional credit of three weeks operational service personal leave: 12 months after the date of appointment; and 24 months after the date of appointment; and 36 months after the date of appointment. The maximum operational service personal leave balance that an eligible officer may have is eighteen weeks (b) Employees other than officers
On engagement, an eligible employee is entitled to nine days operational service personal leave Page 71
An eligible employee is entitled to receive an additional credit of three days operational service personal leave: 12 months after the date of engagement; and 24 months after the date of engagement; and 36 months after the date of engagement. The maximum operational service personal leave balance that an eligible employee may have is eighteen days. Where operational service personal leave credits have been exhausted, the head of service may grant an employee personal leave or a period of unpaid operational service personal leave. An eligible officer or employee should discuss with their manager/supervisor, as soon as practicable, of their absence or intention to be absent on operational service personal leave. An eligible officer or employee must make an application to the head of service to access their operational service personal leave entitlement. Having considered the requirements of this clause the head of service may approve an eligible officer or employees applicati on to access operational service personal leave. A decision not to approve the leave will be taken in accordance with subclause F2.1. Operational service personal leave may be granted by the head of service: to cover absences resulting from war-caused injury or diseases; and following a written request from an eligible officer or employee, which must include documentary evidence that the absence is due to the warcaused injury or disease, including evidence that the injury or disease is a the war-caused injury or disease in accordance with the requirements of the Veterans Entitlement Act 1986 (Commonwealth). Rate of payment Effect on other entitlements With pay. The rate of payment to be paid to the employee during a period of operational service personal leave is the same rate as would be paid if the employee was granted personal leave, except where it is granted without pay. Operational service personal leave with pay will count as service for all purposes. Operational service personal leave without pay will not count as service. Operational service has the same meaning as in the Veterans Entitlement Act 1986 (Commonwealth). War-caused injuries or diseases has the same meaning as in the Veterans Entitlement Act 1986 (Commonwealth). Religious purposes To enable an employee to attend a ceremony integral to the practice of the employees religious faith. An employee who is an adherent to the particular religious faith and who is a practising member of that religious faith. A maximum period of ten days in any two year period. Page 72
Evidence and conditions
Interpretation Leave for: Purpose Eligibility Entitlement
Conditions Rate of payment Effect on other entitlements Leave for: Purpose Eligibility Entitlement Conditions Rate of payment Effect on other entitlements Leave to: Purpose Eligibility Entitlement Conditions Rate of payment
Religious leave is only available for ceremonies that are of significant importance to the particular faith that are generally observed by the entire faith. Leave is not available for ceremonies that are only of significance to the individual member of the particular religious faith. Without pay. Will not count for any purpose. Returned soldiers for medical purposes To enable an employee to attend an appointment for treatment or review as a returned soldier under the Veterans Entitlement Act 1986 (Commonwealth). An employee who is a returned soldier. A maximum period of two weeks in any 12 month period.
Full pay. Will count as service for all purposes. Take leave where leave cannot be granted under any other provision To enable an employee to be absent from duty where the leave cannot be provided for elsewhere An employee A maximum period of 12 months.
Without pay, except where the head of service determines there are special circumstances, having regard to: (a) (b) (c) the purpose for which the leave is being taken; and the length of service of the employee; and the length of the period for which the leave is being taken.
In special circumstances the head of service determines whether leave is at full pay or half pay.
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Effect on other entitlements
Leave without pay will not count as service for any purpose. However where the head of service determines there are special circumstances and that the period of leave granted is to be with pay then the paid leave will count as service for all purposes.
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ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Dictionary
Dictionary
ACTPS means the Service established by the PSM Act. AEU means the Australian Education Union-ACT Branch Agreement means ACT Public Service Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 and includes all annexes. Appeal panel means the panel established under the provisions at Section J Appeal mechanism. Appointed means an appointment in accordance with Part 5 Division 5.3 of the PSM Act. Carer means an employee who provides in addition to the employees normal family responsibilities, care and support on a regular basis to other family members or other persons who are sick or ageing, have an injury, have a physical or mental illness or a disability. Casual employee means a person engaged by the Directorate under the PSM Act to perform work for a short period on an irregular or non-systematic basis. Casual intern means a university student in their final year of a four year education degree who has satisfactorily completed an internship program and all teaching methodology units and met all pre-employment requirements. Casual relief employment is a mechanism to replace a teacher absent from duty or undertaking other duties for a period no longer than 20 days in one position. Child means birth child, adopted child, fostered child, Aboriginal or Torres Strait islander kinship child, child of a domestic partner or former partner or a child who is in the care of an employee as authorised under a law of a state or territory, e.g. the ACT Children and Young People Act 2009. Commissioner for Public Administration means the person appointed under section 18(1) of the PSM Act. Consultation means providing relevant information to employees and their union or other employee representatives. It means more than a mere exchange of information. For consultation to be effective the participants must be contributing to the decision-making process not only in appearance but in fact. Directorate means the administrative unit known as the ACT Public Service Education and Training Directorate. Director-General means a person engaged under sections 28 or 30 of the PSM Act as the director-general of the Directorate. Director-General means a person engaged under sections 28 or 30 of the PSM Act as the director-general of the Directorate. Domestic partnership means a relationship between two people, whether of a different or the same sex, living together as a couple on a genuine domestic basis. Eligible casual employee means: (a) (b) (c) an employee who has been employed as a casual employee; and the employee has been employed by the ACTPS on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months; and who has a reasonable expectation of continuing employment by the ACTPS on a regular and systematic basis.
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Employee means (unless there is a clear intention in this Agreement to restrict the meaning) an officer or a casual employee or a temporary employee who is employed or engaged in the Directorate in a classification set out in Annex A, excluding a person engaged as head of service under sections 23C or 23J of the PSM Act, persons engaged as directors-general under sections 28 or 30 of the PSM Act, or persons engaged as Executives under sections 72 or 76 of the PSM Act. Employee representative means any person chosen by an employee, or a group of employees, to represent the employee(s). FW Act means the Fair Work Act 2009. FWA means Fair Work Australia. FW Regulations mean the Fair Work Regulations 2009. Grandchild means the child of the employees child. Head of service means a person engaged under sections 23C or 23J of the PSM Act as the head of service. Household member means a person (other than the employees immediate family) residing in the employees normal place of residence at the time of their illness, injury, emergency or death. Immediate family means a person who is: (a) (b) (c) (d) a domestic partner (including a former domestic partner); or a child or an adult child, parent, grandparent, grandchild or sibling of the employee or domestic partner of the employee; or a person related to the employee by Aboriginal and/or Torres Strait Islander kinship structures; or a child through a care and protection order.
Immediate family includes adopted, step-, fostered or ex-nuptial immediate family where these circumstances exist. Additionally, the head of service may consider that the definition of immediate family be extended for a particular decision involving an employee where exceptional circumstances exist. This might include other close family members or an employee who lives alone and has no-one to nominate as immediate family, may nominate one person, in similar circumstances, for the purpose of caring responsibilities. Long term contract means a temporary employment contract for one school term or more. Manager means a person (including a principal) who has responsibility for planning, organising and leading a work unit or group activity. Office based teacher means officers employed in teaching classifications that are not covered by the School based teacher definition (below) in this dictionary. Officer has the same meaning as in section 3 of the PSM Act. Note: Permanent staff are officers. Permanent part time teacher means a teacher who holds a fractional teaching position established at the initiation of the Directorate on a permanent basis. Principal is an officer in the School Leader A classification who manages the school or work unit. Where a teacher has an officer other than a principal as manager, then that manager may where appropriate carry out the supervisory responsibilities of a principal. PSM Act means the Public Sector Management Act 1994 as varied. PSM Standards means the Public Sector Management Standards made under the PSM Act as varied. Registered health professional means a health professional registered, or licensed, as a health professional (or as Page 76
a health professional of a particular type) under a law of a state or territory that provides for the registration or licensing of health professionals (or health professionals of that type). Registered medical practitioner means a person registered, or licensed as a medical practitioner under a law of a state or territory that provides for the registration or licensing of medical practitioners. School based teacher means an employee in a teaching classification, located at a school, whose main client base is students or who works with teachers in classrooms for the majority of the time. School leadership group is a collective term for executive teachers (School Leader C), deputy principals (School Leader B) and principals (School Leader A). Service means the ACT Public Service established by the PSM Act. Short term contract means a temporary employment contract of more than 20 days and less than a school term. Strategic Board means the senior management team, comprising the head of service and the eight directorsgeneral, responsible for providing whole-of-government leadership and strategic direction to the ACT Public Service. Supervisor means a person who has direct supervisory responsibility for one or more employees in a work unit or group activity. Teacher means an employee or an officer within the meaning of the PSM Act, employed by the ACT Public Service Education and Training Directorate. Temporary employee means a person engaged by the Directorate under the PSM Act for a specific period of time or for a specified task under Division 5.7 of the PSM Act, excluding a person engaged under sections 23C or 23J of the PSM Act as head of service, persons engaged as directors-general under sections 28 or 30 of the PSM Act or persons engaged as executives under sections 72 or 76 of the PSM Act. Temporary employment is contract employment for a specified term or ascertainable period greater than 20 consecutive days in one position or an ongoing pattern. Transfer process means an agreed system for the placement of teachers and school leaders in school and office positions and the transfer between positions. Union means the Australian Education Union unless stated otherwise.
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ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 FWA approval
[2012] FWAA 3349
DECISION
Fair Work Act 2009 s.185Enterprise agreement
ACT Government as represented by the Education and Training Directorate

(AG2012/1207)
ACT PUBLIC SERVICE EDUCATION AND TRAINING DIRECTORATE (TEACHING STAFF) ENTERPRISE AGREEMENT 2011-2014
State and Territory government administration COMMISSIONER DEEGAN CANBERRA, 20 APRIL 2012
Application for approval of the ACT Public Service Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014. [1] An application has been made for approval of an enterprise agreement known as the ACT Public Service Education and Training Directorate (Teaching Staff) Enterprise Agreement 20112014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by ACT Government as represented by the Education and Training Directorate. The Agreement is a single-enterprise agreement. [2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met. [3] The Australian Education Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation. [4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2012. The nominal expiry date of the Agreement is 30 September 2014.
Printed by authority of the Commonwealth Government Printer <Price code T, AE893310 PR522592>
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ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Signatory page
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School Teachers Enterprise Agreement 2011 2014 Part 2

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School Teachers Enterprise Agreement 2011 2014 Part 2

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ACTPS Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 Section O Structural matters

Section O Structural matters

Classification and local designations

School Network Leader

Review of principal structure

School specific Birrigai@Tidbinbilla Jervis Bay O4.3 1 2

Minimum leadership structure

(f) (g) O5.3

Executive Teacher (Professional Practice)

Additional salary classifications

Classroom teacher incremental progression

Section P Teaching loads

The school year

The teaching year

Face-to-face teaching loads

Variation in face-to-face teaching loads

Voluntary additional loads

Section Q Monitoring of workloads

Individual workloads and professional responsibilities

School monitoring of workload and practice

Systemic management of workload issues

Section R Teaching as a profession

Code of professional practice

National Professional Standards for Teachers

Annual professional discussion

Developing classroom teachers

(a) (b) (c)

New educator development

Expectations of performance and professional responsibilities

Personal and career development

R10 Professional Pathways plan

R11 Review of the Professional Pathways plan

R12 Pathways to Improvement

R13 Pathways to Improvement plan

R14 At the end of the Pathways to Improvement period

R15 Underperformance action

(d) (e) R15.3

R16 Appeal rights

Section S Workforce planning

Teacher and school leader placement

Classroom teacher vacancies

Employing graduate teachers

School leader vacancies

Selection committees for school leader positions

Section T Allowances and payments

Special education allowance

Teaching project allowance

Practicum supervision payment

Higher duties allowance

Section U Recognition of work and life responsibilities

Regular part time work and job sharing

Unpaid parental leave

U4.8 U4.9 U4.10

Home based work (school based teachers)

Home based work (office based teachers)

Purchased leave (school based teachers)

Purchased leave (office based teachers)

Section V Other matters

Assessment, moderation and certification

Murrumbidgee Education and Training Centre (METC), Bimberi

ANU Secondary College

School counsellors: expectations of performance and professional responsibilities

(e) (f) V6.6

Recording of daily attendance