Form 40

Application for certification of agreement

Industrial Relations Act 1999, section 156 (Form to apply for certification of an agreement)

R.139(1)

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999, s 156.

BLACKHEATH AND THORNBURGH COLLEGE

AND

QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES

AND

LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, QUEENSLAND BRANCH, UNION OF EMPLOYEES

AND

AUSTRALIAN WORKERS’ UNION OF EMPLOYEES QUEENSLAND

AND

QUEENSLAND NURSES’ UNION OF EMPLOYEES

(No.CA ……. of 2004)

BLACKHEATH AND THORNBURGH COLLEGE

CERTIFIED AGREEMENT 2004

TO: The Industrial Registrar, Industrial Registry, Level 14, Central Plaza 2, 66 Eagle Street, (Corner Creek and Elizabeth Streets), Brisbane 4000, GPO Box 373, Brisbane Q 4001 Phone: (07) 3227 8060, Fax: (07) 3221 6074 THE AGREEMENT, attachment A, having been made under the Industrial Relations Act 1999 on BETWEEN the Blackheath and Thornburgh College (ACN 107444011), Queensland Independent Education Union; Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees; Australian Workers’ Union of Employees, Queensland; and the Queensland Nurses’ Union of Employees. All the parties to the agreement now seek certification of the agreement under chapter 6, part 1 of the Act. All the party’s signatures appear below. The information required under the Industrial Relations Regulations 2000, section 9 and any other information in support of the application is set out in the affidavit of John Wesley Spriggs which is the attachment marked B. Particulars of current or previous certified agreement(s): (a) Blackheath and Thornburgh College Certified Agreement (CA114 of 1996) (b) Blackheath and Thornburgh College Certified Agreement 2000 (CA730 of 2000) (c) Blackheath and Thornburgh College Certified Agreement 2001 (CA479 of 2001) This agreement replaces the agreement(s) in (a), (b), (c) etc above. Dated: Form 40, R.139(1).

Signed for the Blackheath and Thornburgh College In the presence of: (ACN 107444011) (signature) (witness to sign) (print name) (print name) (position, title, office etc) AND

Signed for the Queensland Independent Education Union of Employees In the presence of: (signature) (witness to sign) (print name) (print name) (position, title office etc) AND

Signed for the Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees In the presence of: (signature) (witness to sign) (print name) (print name) (position, title office etc) AND

Signed for the Australian Workers’ Union of Employees Queensland In the presence of: (signature) (witness to sign) (print name) (print name) (position, title etc) AND

Signed for the Queensland Nurses’ Union of Employees In the presence of: (signature) (witness to sign) (print name) (print name) (position, title etc) This agreement is certified under the Industrial Relations Act 1999, chapter 6, part 1. (Signature) (name of commissioner) Industrial Commissioner Filed on , certified by the commission and given Register No (day, month and year) (number and year) in the Certified Agreements Register.

Dated

(day, month and year) Industrial Registrar Operative date:

(Last page)

PARTICULARS OF THE EMPLOYER Name: Blackheath and Thornburgh College Business address: King Street, Charters Towers QLD 4820 Address for service: as above Phone number or contact phone number: (07) 4787 5100 Fax number (if any): (07) 4787 4097 E-mail address (if any): enquiries@blackthorn.com.au PARTICULARS OF OTHER PARTIES Name: Ms Roslyn McLennan of the Queensland Independent Education Union of Employees Residential or business address: 346 Turbot Street, Spring Hill QLD 4000 Address for service: as above Phone or contact phone number: (07) 3839 7020 Fax number: (if any) (07) 3839 7021 E-mail address (if any): mclennan@qieu.asn.au Name: Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees Residential or business address: 74 Astor Terrace, Spring Hill QLD 4000 Address for service: as above Phone or contact phone number: (07) 3831 3355 Fax number: (if any) (07) 3832 4232 E-mail address (if any): lhmuqld@ihnu.org.au Name: Australian Workers’ Union of Employees, Queensland Residential or business address: 333 Adelaide Street, Brisbane QLD 4000 Address for service: as above Phone or contact phone number: (07) 3221 8844 Fax number: (if any) (07) 3221 8700 E-mail address (if any): secretary@awu.org.au Name: Queensland Nurses’ Union of Employees Business address: 56 Boundary Street, West End QLD 4101 Address for service: as above Phone or contact phone number: (07) 3840 1444 Fax number: (07) 3844 9387 E-mail address: qnu@qnu.org.au

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Attachment A

BLACKHEATH AND THORNBURGH COLLEGE CERTIFIED AGREEMENT 2004

ARRANGEMENT Subject Page No.

1. PART 1 -PRELIMINARY...................................................................................................................................................3 1.1 TITLE ..............................................................................................................................................................................3 1.2 APPLICATION ..................................................................................................................................................................3 1.3 DATE AND PERIOD OF OPERATION ..................................................................................................................................3 1.4 POSTING OF AGREEMENT ................................................................................................................................................3 1.5 SINGLE BARGAINING UNIT..............................................................................................................................................3

2. PART 2 - RELATIONSHIP TO AWARDS.......................................................................................................................3 2.1 RELATIONSHIP WITH PARENT AWARDS...........................................................................................................................3 2.2 AWARD PROVISIONS .......................................................................................................................................................4 2.3 PROCEDURES FOR PREVENTING AND SETTLING DISPUTES...............................................................................................4 2.4 CONSULTATIVE ARRANGEMENTS FOR CONTINUOUS IMPROVEMENT...............................................................................6

3. PART 3 - RELATIONSHIP TO AIMS OF THE COLLEGE .........................................................................................7 3.1 COLLEGE MISSION, AIMS AND OBJECTIVES ....................................................................................................................7 3.2 ENDORSEMENT................................................................................................................................................................7 3.3 OBJECTIVES OF THIS AGREEMENT ...................................................................................................................................7

4. PART 4 - WAGES................................................................................................................................................................8 4.1 SALARY AND WAGE INCREASES......................................................................................................................................8 4.2 FLAT DOLLAR WAGE INCREASE......................................................................................................................................8 4.3 NO FURTHER INCREASES.................................................................................................................................................9

5. PART 5 - PRODUCTIVITY MOTIVATED CHANGES.................................................................................................9 5.1 POSITION DESCRIPTIONS .................................................................................................................................................9 5.2 APPRAISAL PROCESS .......................................................................................................................................................9 5.3 INDUCTION......................................................................................................................................................................9 5.4 PROFESSIONAL DEVELOPMENT AND TRAINING ...............................................................................................................9 5.5 CLASS SIZES..................................................................................................................................................................10 5.6 CURRICULUM REVIEW AND DEVELOPMENT ..................................................................................................................10 5.7 COMMUNICATIONS........................................................................................................................................................10 5.8 STRATEGIC AND OPERATIONAL PLANS .........................................................................................................................10 5.9 REDUCE SCHOOL OPERATING COSTS ............................................................................................................................10 5.10 STUDENT REPORTING....................................................................................................................................................10 5.11 ADVERTISING AND PROMOTION ....................................................................................................................................10 5.12 STUDENT WELFARE ......................................................................................................................................................11 5.13 TEACHING RESOURCES .................................................................................................................................................11

6. PART 6 - CAREER STRUCTURE AND CONDITIONS..............................................................................................11 6.1 CLASSIFICATION FOR SCHOOL OFFICERS.......................................................................................................................11 6.2 CONTINUING EMPLOYMENT TERM TIME .......................................................................................................................11 6.3 CAREER ADVANCEMENT – TEACHERS ..........................................................................................................................11 6.4 ANCILLARY AND RESIDENTIAL HOUSE STAFF - CONDITIONS........................................................................................12 6.5 POSITIONS OF ADDED RESPONSIBILITY .........................................................................................................................12 6.6 NURSES .........................................................................................................................................................................12 6.7 RATIONALISATION OF AWARD COVERAGE....................................................................................................................13 6.8 EMPLOYEE BENEFITS PAID THAT ARE NOT INCLUDED IN AWARD CONDITIONS...........................................................13 6.9 SPECIFIC CONDITIONS ...................................................................................................................................................14 6.10 BANKING OF AUTHORISED OVERTIME – SCHOOL OFFICERS AND ANCILLARY STAFF....................................................14

7. PART 7 - FAMILY FRIENDLY POLICIES AND PRACTICES.................................................................................15 7.1 ENHANCED CONDITIONS FOR THOSE WITH FAMILY RESPONSIBILITIES..........................................................................15

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7.2 JOB SHARE ....................................................................................................................................................................17 8. WORKPLACE HEALTH & SAFETY ISSUES .............................................................................................................17

8.1 WORKPLACE HEALTH AND SAFETY ..............................................................................................................................17 8.2 BULLYING AND HARASSMENT.......................................................................................................................................18 8.3 STRESS ..........................................................................................................................................................................18

9. PART 9 - CONTEMPORARY LEAVE BENEFITS ......................................................................................................19 9.1 LONG SERVICE LEAVE ..................................................................................................................................................19 9.2 PRO RATA ENTITLEMENT TO LONG SERVICE LEAVE.....................................................................................................19 9.3 SICK LEAVE ..................................................................................................................................................................19

10. PART 10 - CONTEMPORARY REMUNERATION BENEFITS ............................................................................19 10.1 SUPERANNUATION ........................................................................................................................................................19 10.2 SUPERANNUATION – EMPLOYER CONTRIBUTION LEVEL ...............................................................................................20 10.3 SALARY SACRIFICE .......................................................................................................................................................20 10.4 LOCALITY ALLOWANCE – TEACHERS............................................................................................................................23

11. PART 11 - EMPLOYMENT POLICIES AND WORK PRACTICES .....................................................................23 11.1 HOURS OF DUTY - TEACHERS........................................................................................................................................23 11.2 FORMAL REVIEW FOR UNSATISFACTORY PERFORMANCE .............................................................................................23 11.3 NON-CONTACT TIME: PRIMARY....................................................................................................................................24 11.4 EQUAL EMPLOYMENT OPPORTUNITIES .........................................................................................................................24 11.5 VOCATIONAL EDUCATION REVIEW ...............................................................................................................................24 11.6 STUDENT FREE DAYS....................................................................................................................................................24 11.7 RELIEF TEACHING .........................................................................................................................................................24 11.8 OTHER TEACHER RELEASE TIME...................................................................................................................................25 11.9 SCHOOL OFFICER AND SERVICES STAFF RELIEF............................................................................................................25 11.10 FIXED PERIOD CONTRACTS – NON-TEACHING STAFF ...............................................................................................25 11.11 SCHOOL POLICIES......................................................................................................................................................25

12. PART 12 - CONTEMPORARY INDUSTRIAL PRACTICES..................................................................................25 12.1 RESOURCING OF SCHOOL LEVEL INDUSTRIAL PRACTICE ..............................................................................................25 12.2 REDUNDANCY PROVISIONS ...........................................................................................................................................26 12.3 PAY SLIP........................................................................................................................................................................26 12.4 IMPLEMENTATION OF 38 HOUR WEEK............................................................................................................................27 12.5 TRAINING LEAVE ..........................................................................................................................................................27 12.6 EQUITY .........................................................................................................................................................................27 12.7 JOB SECURITY ...............................................................................................................................................................27 12.8 MATTERS RESERVED.....................................................................................................................................................28

13. FUTURE RE-NEGOTIATION OF AGREEMENT...................................................................................................28

14. SIGNATORIES ..............................................................................................................................................................29 SCHEDULES: SCHEDULE 1 Salary, Wages and Allowances.............................................................................................................31 SCHEDULE 2 Senior Teacher ......................................................................................................................................36 SCHEDULE 3 School Officer Classification Structure ................................................................................................42 SCHEDULE 4 Paid Maternity Leave Administrative Guidelines.................................................................................58 SCHEDULE 5 Formal Review for Unsatisfactory Work Performance ........................................................................60 SCHEDULE 6 Ancillary and Residential Staff - Conditions ........................................................................................62 SCHEDULE 7 Positions of Added Responsibility Structure ........................................................................................64 SCHEDULE 8 Workplace Harassment Prevention Policy and Procedure....................................................................66 SCHEDULE 9 Locality Allowance for Teachers..........................................................................................................69 SCHEDULE 10 Administration of Medication...............................................................................................................71 SCHEDULE 11 Restraint of Students.............................................................................................................................73

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1. PART 1 -PRELIMINARY

1.1 Title This Agreement shall be known as the Blackheath and Thornburgh College (ACN 107444011) Enterprise Bargaining Certified Agreement 2004.

1.2 Application This Agreement shall apply to Blackheath and Thornburgh College, their employees (with the exception of the Principal, Deputy Principal and Business Manager, who have separate contract arrangements) and to the Unions signatory to this Agreement.

1.3 Date and Period of Operation This Agreement shall operate from the date of certification (provided that where this Agreement specifies an operative date then that provision shall apply from that date) and shall have a nominal expiry date of 31 December 2006 unless otherwise agreed in terms of the Industrial Relations Act 1999. The Agreement may only be terminated by any of the parties to the Agreement in the manner prescribed under the provisions of the Industrial Relations Act 1999.

1.4 Posting of Agreement A copy of this Agreement shall be exhibited in a conspicuous and convenient place within the College.

1.5 Single Bargaining Unit For the purposes of negotiating this Enterprise Agreement, a Single Bargaining Unit (SBU) has been established consisting of Employee, Union and Management representatives and specifically with membership as follows: 1.5.1 five (5) employee representatives comprising one (1) representing academic staff and one (1)

school officer staff and one (1) representing other employees in the College; a QIEU Officer acting for and on behalf of all Unions party to this Agreement and an Australian Workers’ Union Officer; and

1.5.2 four (4) management representatives.

2. PART 2 - RELATIONSHIP TO AWARDS

2.1 Relationship with Parent Awards This Agreement shall be read and interpreted in conjunction with Awards having application to or adopted for the purposes of Section 160 and Section 163 of the Industrial Relations Act 1999, as set out hereunder except as varied by the terms of this Agreement:

• Teaching Staff Teachers’ Award - Non-Governmental Schools

• School Officers School Officers’ Award - Non-Governmental Schools

• Kitchen Staff Presbyterian Boarding Schools and Colleges Employees - State (excluding South East Queensland) - Industrial Agreement

• Residential House Staff Presbyterian Boarding Schools and Colleges Employees - State (excluding South East Queensland) - Industrial Agreement

• Cleaners Miscellaneous Workers’ Award - State

• Groundstaff Presbyterian Boarding Schools and Colleges Employees (excluding South East Queensland) - Industrial Agreement

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• Nurse Nurses’ Award - State

• Plant/Equipment Maintenance

Presbyterian Boarding Schools and Colleges Employees - State (excluding South East Queensland) - Industrial Agreement

• Pre School Teacher Early Childhood Education Award - State

This Agreement shall be read and interpreted in conjunction with existing Awards and Industrial Agreements applying to the employees of the College. In the event of any inconsistency with existing Awards and Industrial Agreements the terms of this Agreement will take precedence.

2.2 Award Provisions

The provisions of the above Awards and Industrial Agreements as applicable at 1 November 2004 will be maintained unless specifically varied by this Agreement.

2.3 Procedures for Preventing and Settling Disputes

2.3.1 Parties should use their best endeavours to resolve disputes amicably and should only resort to formal mediation when all else has failed.

2.3.2 Specific procedures for various categories of dispute.

(a) Where there is a grievance between employees:

(i) Should the approach of Clause 2.3.1 fail to resolve a dispute at the personal level and if the matter at issue is considered by the aggrieved party to be a threat to the proper functioning of the College, then the matter should be taken to the College Principal, all those involved should then meet and endeavour to resolve the dispute.

(ii) If this fails to resolve the dispute and the matter at issue is considered by the

Principal to be a threat to the proper functioning of the College, then the matter should be brought to the attention of the College Board by the Principal and the procedures outlined under either Clause 2.3.2(b) or Clause 2.3.2(c) and Schedule 5 (as is appropriate) should be followed.

(b) Where a staff member has a grievance with the College Board or College Management

(i) The matters to be dealt with in this procedure shall include all grievances or

disputes that an employee has with the College Board or Management in respect to any industrial matter, including the terms and conditions of this Agreement, and all other matters that the parties agree on and are specified herein. Such procedure shall apply to a single employee or to any number of employees.

(ii) In the event of an employee having a grievance or dispute the employee shall, in

the first instance, attempt to resolve the mater with the College Principal, who shall respond to such matter as soon as reasonably practicable under the circumstances.

(iii) If the grievance or dispute is not resolved under subclause (ii) hereof, the

employee or the employee’s representative may refer the matter to a representative of the College Board for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee. If still unresolved after this discussion, a second meeting to attempt to resolve the matter should take place after a three (3) working days cooling off period.

(iv) If the grievance or dispute is still unresolved after discussions listed in subclause

(iii) hereof, the matter shall, in the case of a member of a relevant union, be reported to the State Secretary of the relevant Union and the relevant senior management of the employer or the employer/s nominated industrial representative. An employee who is not a member of a trade union shall confirm the continued existence of the grievance or dispute to senior management or

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report it to the employer’s nominated industrial representative, or nominated independent witness.

(v) If, after discussion between the parties, or their nominees mentioned in

subclause (iv) the dispute remains unresolved, then notification of the existence of the dispute is to be given in the pursuance of Industrial Relations Act 1999.

(vi) Whilst all of the above procedure is being followed normal work shall continue

except in the case of a genuine safety issue. (vii) Except in the case of termination, the status quo existing before the emergence

of the grievance or dispute is to continue whilst the above procedure is being followed.

(viii) All parties shall give due consideration to the matters raised or any suggestion or

recommendation made by an Industrial Commissioner or Industrial Magistrate with a view to the prompt settlement of the dispute.

(ix) Any Order of the Queensland Industrial Relations Commission (subject to the

parties right of appeal under the Act) will be final and binding on all parties to the dispute.

(x) Discussions at any stage of the procedure shall not be unreasonably delayed by

any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute pursuant to Industrial Relations Act 1999.

(c) Where the College Board or College Management has a grievance with a staff member

(i) The matters to be dealt with in this procedure shall include all grievances or disputes that the College Board or College Management has with an employee in respect to any industrial matter, including the terms and conditions of this Agreement, and all other matters that the parties agree on and are specified herein. Such procedure shall apply to a single employee or to any number of employees. It is anticipated that very few grievances will be serious enough to ever warrant going beyond this stage.

(ii) The College Principal should discuss the problems informally with the relevant

employee and give appropriate guidance before the stage of an informal report to the College Board is reached.

(iii) If the matter remains unresolved, the Principal should refer the matter to an

appropriate member of the College Board who should discuss the problems informally with the relevant employee and give appropriate guidance before the stage of a written report to the Board is reached.

(iv) If the matter remains unresolved, it should be taken up by the Principal who

identifies the employee as having problems relating to aspects of the terms and conditions of this Agreement and provides informal advice and direction to the employee. Either party may request the presence of an independent witness to the discussion.

(v) If the informal counselling proves insufficient, the Principal notifies the

employee formally in writing of:

(1) the area(s) of concern; (2) the means to resolve the difficulty;

(3) the timetable for the desired improvement;

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(4) the support the College proposes to provide.

(vi) The employee may inform their Union of Employees that a formal complaint has

been received in writing from the Employer. (vii) If after the period of time identified in (v)(3) has lapsed and if adequate support

mechanisms have been provided during that period and the matter remains unresolved, the Principal submits a written report to the College Board and gives a copy to the employee.

(viii) If the matter remains unresolved, the employee is asked to show cause to the

Principal as to why they should continue to be employed. (ix) If the employee is able to satisfy the Principal that they can respond

appropriately given extra time then the Principal informs the employee in writing of:

(1) the area(s) still requiring improvement; (2) the outline of the processes required for improvement;

(3) the timeline for improvement; and

(4) the support the College proposes to provide.

(x) If the employee is unable to satisfy the Principal that they can respond

appropriately given extra time then the Principal may terminate the employee’s employment by notice in writing and to the Union.

2.4 Consultative Arrangements for Continuous Improvement

2.4.1 The parties to this Agreement are committed to co-operation and consultation as part of the climate and culture of Blackheath and Thornburgh College. The parties also accept that according to the authority and responsibility structure of the College, final decision making remains the prerogative of the Executive Leadership Team through its Chief Executive Officer, the Principal. The Principal, in coming to decisions, is committed to the process of consultation with employees.

2.4.2 A College Enterprise Bargaining Consultative Committee is to:

(a) provide an environment for greater two-way communication;

(b) establish a forum in which employees are able to participate in the implementation of the Enterprise Bargaining initiatives;

(c) provide management with the opportunity to utilise employee knowledge and experience; and

(d) address issues and provide advice to the College regarding matters arising from this Agreement.

2.4.3 The College will establish its own Enterprise Bargaining Consultative Committee and

determine its charter. The College Enterprise Bargaining Consultative Committee will reflect the staffing structure of the College and should include:

(a) two (2) persons appointed by the Executive Leadership Team in conjunction with the Principal and the Business Manager;

(b) one (1) Union member elected by QIEU School Chapter; and

(c) four (4) members, one (1) elected from each of the Teaching and School Officer staff and two (2) elected from the other Non-Teaching staff.

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2.4.4 When appropriate, other relevant personnel may be co-opted for input on specific issues.

2.4.5 The College Enterprise Bargaining Consultative Committee will convene on a monthly basis.

3. PART 3 - RELATIONSHIP TO AIMS OF THE COLLEGE

3.1 College Mission, Aims and Objectives “Blackheath and Thornburgh College seeks to produce a well-adjusted, self-disciplined person prepared for further education, for employment and for life.” College aims: 3.1.1 Spiritual Awareness

To promote the spiritual growth of the individual in a school community which is founded on Christian principles.

3.1.2 Scholastic Attainment To use your best endeavours to:

(a) ensure that each student strives to achieve his or her maximum level of scholastic attainment;

(b) ensure that emphasis is placed on literacy and numeracy and the ability to make sound judgements based on sound factual knowledge; and

(c) provide opportunities for the student to develop attitudes and skills that will facilitate lifelong learning.

3.1.3 Personal Growth To:

(a) provide a balanced programme of cultural, intellectual, physical and spiritual activities in order to assist the growth of the whole person; and

(b) encourage such qualities as honesty, tolerance and mutual respect.

3.1.4 Service To:

(a) develop a sense of responsibility and concern for others, both within the College and in the community at large; and

(b) develop an understanding and appreciation of a community.

3.2 Endorsement The parties to this Agreement acknowledge and work towards the achievement of the College Mission detailed in Clause 3.1.

3.3 Objectives of this Agreement

This Agreement provides a framework for Management, Employees and Unions to work together towards improving Productivity and Efficiency in order to promote better learning outcomes for students. The agreed objectives of this Agreement are:

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3.3.1 To maintain and improve productivity, efficiency, flexibility and effectiveness of the College through the implementation of agreed measures which will significantly increase the performance of the College and offer secure and worthwhile employment for its employees.

3.3.2 To adopt a consultative and participative approach to implement increased and sustained improvement in performance across all areas of operation of the College.

3.3.3 To develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in education.

3.3.4 To develop management systems and work practices that are capable of assuring all stakeholders of the quality of our services.

3.3.5 To maintain the College as a non-elitist agency of educational services to the community through continued awareness of increasing pressures on operating costs and encouragement of optimum resource usage.

3.3.6 To maximise the learning outcomes for students through quality teaching.

3.3.7 To share equitably the benefits of enhanced service delivery among employees and the College community.

4. PART 4 - WAGES

4.1 Salary and Wage Increases

4.1.1 Salary and wage increases are payable in accordance with the College’s commitment to the following:

(a) Teachers (up to Band 3 Step 4) covered by this Agreement will receive wage increases paid to teachers at the same classification levels in Education Queensland at nominated dates during the life of this Agreement;

(a) All other College employees covered by this Agreement will be paid the percentage increases that will be applied to the Band 3 Step 4 rate in this Agreement, effective from the same dates applied to teachers except as provided for in Clauses 4.2 and 4.1.5;

4.1.2 A salary or wage increase of 3.5% of the applicable salary or wage rates detailed shall be paid from 1 January 2004 (unless eligible for the flat dollar increase detailed at Clause 4.2).

4.1.3 A further salary or wage increase of 3.5% of the applicable salary or wage rates shall be paid from on 1 January 2005.

4.1.4 A further salary or wage increase of 3.8% of the applicable salary or wage rates shall be paid from on 1 January 2006.

4.1.5 Award allowances listed in Schedule 1 Salary, Wages and Allowances will increase by the percentage increase applied to the Band 3 Step 4 rate.

4.1.6 The salary, wage and allowances for all classifications are set out in Schedule 1 Salary, Wages and Allowances.

4.1.8 Where this Agreement provides for a benefit to apply from a date earlier than the date of operation, the employer will apply such benefit from the earlier date to all employees employed at that earlier date.

4.2 Flat Dollar Wage Increase

4.2.1 A flat dollar increase equivalent to the first percentage wage increase applicable for a Level 3 Step 1 School Officer will be granted to all full time employees who earn a gross fortnightly wage less than $1213.10 immediately prior to the commencement of this Agreement.

4.2.2 This flat dollar increase will apply pro rata to all employees (other than full time) where their normal hourly rate multiplied by 38 is also less than $1213.10 per fortnight.

4.2.3 The flat dollar increase will apply only for the first wage increase of this Agreement.

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4.3 No Further Increases

4.3.1 There shall be no further wage increases during the life of this Agreement.

4.3.2 The Agreement constitutes a closed Agreement in settlement of all matters for its duration with the exception of those listed at Clause 12.8 Matters Reserved. Further, the Unions undertake that there will be no further claims which would alter labour costs for the life of the Agreement, beyond those envisaged by this Agreement, as outlined in Clauses 4.1 and 4.2.

4.3.3 Provided that this clause shall not preclude the undertaking of a review of conditions applying to School Officers as envisaged by the relevant Award.

4.3.4 The parties agree that variation to this Certified Agreement will be subject to the same consultation and approval process as that used for the Certified Agreement.

4.3.5 This clause will operate pursuant to the provisions of the Industrial Relations Act 1999.

5. PART 5 - PRODUCTIVITY MOTIVATED CHANGES

5.1 Position Descriptions

5.1.1 The parties are committed to developing position descriptions where not currently existing, and to updating existing descriptions for all employees as appropriate. This development will be by a process of consultation with each respective employee.

5.1.2 These are to take into account the following issues where appropriate:

(a) clarification of current positions;

(b) consultation regarding future position changes;

(c) acknowledgment of current flexibility in positions of all employees; and

(d) clarification of atypical duties of all employees. 5.1.3 The parties agree that appropriate Reporting Protocols be developed and, when agreed, be

inserted into the Staff Handbook. The purpose of the Reporting Protocols is to clarify that academic, classroom support and residential house staff are under the direct instruction of the Principal, while the Principal’s authority for the supervision of the ancillary and administrative staff may be delegated to the Business Manager.

5.2 Appraisal Process

The parties acknowledge that a process of self-appraisal provides an occasion to identify strengths and opportunities, set goals and identify professional development needs. The parties agree to investigate the various appraisals with a view to implementing an agreed process in the future.

5.3 Induction

The parties agree to use and refine the induction program for all new staff. The agreed induction program is to be included in the Academic Staff Handbook.

5.4 Professional Development and Training

The parties are committed to enhancing the skills of employees through the provision of both internal and external professional development and training, within the College’s resource capacity. The parties will review the effectiveness of current arrangements with respect to professional development and training with a view to improving access for employees and cost/benefit returns to the College.

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5.5 Class Sizes

5.5.1 The parties agree that the health, safety and optimal educational performance of students are best maintained in smaller groupings of students. Accordingly, Blackheath and Thornburgh College shall endeavour to ensure that the following principles inform decisions made about the size of classes and College activities.

5.5.2 Blackheath and Thornburgh College will:

(a) Give particular consideration to classes that have a high proportion of students with the following characteristics and endeavour to decrease the ratio of students to teachers in instructional settings: (i) disabilities and/or learning difficulties; and

(ii) diverse linguistic and cultural backgrounds.

(b) Give consideration to individual staff preferences, expertise and experience before the allocation of classes.

(c) Address duty of care and workplace health and safety considerations in all classes and College activities. This may include the provision of additional teacher aide time.

(d) Endeavour to minimise teachers supervising combined classes wherever possible, particularly in the case of scheduled staff absences.

5.6 Curriculum Review and Development

The parties agree to review the current College curriculum with the view to making recommendations for changes and developments that will enhance the College Mission Statement and Strategic Plan and may include changes that directly emanate from educational reviews.

5.7 Communications

The parties acknowledge that the management of communication is fundamental to the effective operation of the College and recognise the need to monitor and continually enhance the communication within the College and between the College and its clients. The parties agree that the Communication Strategy will involve a review of basic management, operational and external communications to all involved. The parties agree that any revision of the Academic Staff Handbook shall be subject to those mechanisms outlined in Clause 2.4.

5.8 Strategic and Operational Plans

The parties agree to the implementation of the strategic and operational plans resulting from the College Review and Development and incorporation of a process for on-going review and development into the College’s planning process.

5.9 Reduce School Operating Costs

The parties agree to implement improved management practices over the life of the Agreement to reduce College operating costs.

5.10 Student Reporting

Management and employees agree to review existing student reporting structures and processes with a view to enhancement. Management and employees agree to use and develop computer based systems for student reporting.

5.11 Advertising and Promotion

The parties agree that the continued success of the College depends upon the good reputation of the College and its success at fulfilling its mission. The College exists within a very competitive market and promoting the effectiveness of the College is a demanding task. Management and employees agree to promote the College to the public to the best of their ability or belief, as the circumstances fit. Where employees have disputes or disagreements with the conduct of the College’s affairs for whatever reason, they undertake to resolve these conflicts internally and confidentially to the maximum extent possible before seeking other lawful avenues of dispute resolution.

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5.12 Student Welfare

Management and employees agree that students are entitled to be treated with dignity and respect at all times.

5.13 Teaching Resources

The The College recognises the importance of the provision of access to teaching resources and equipment (e.g. text books, computer software and hardware), as the Principal considers necessary for curriculum delivery, support or management. All such resources which are provided by the College shall remain the property of the College.

6. PART 6 - CAREER STRUCTURE AND CONDITIONS 6.1 Classification for School Officers

6.1.1 The nature and scope of the duties performed by school officers are evolving and changing.

This is reflected in a reviewed classification structure and descriptors that forms Schedule 3 to this Agreement.

6.1.2 The provisions of Schedule 3 School Officers of this Agreement will operate from 1 January 2005.

6.1.3 The provisions of the School Officers Award - Non-Governmental Schools relating to Characteristics, Typical Duties/Skills and wage relativities will be replaced by the provisions of Schedule 3 School Officers of this Agreement. Further, Schedule 1 Salary, Wages and Allowances prescribes the quantum of allowances which are defined in the Schedule 3 School Officers.

6.1.4 It is accepted that the recognition of qualifications for Level 2 School Officers may be the subject of further discussions between the parties during the life of this Agreement and may be a matter for negotiation for a replacement Certified Agreement.

6.1.5 The parties recognise that the Queensland Independent Education Union may seek arbitration of the Award wage relativities applying to Level 7 School Officers.

6.1.6 The parties agree that should the arbitration result in Award wage relativities for Level 7 which are higher than those contained in this Certified Agreement then such higher relativities (and resultant wage rates) will be reflected in this Agreement. Any consequent process to amend this Agreement will be consistent with the provisions of the Industrial Relations Act 1999.

6.2 Continuing Employment Term Time

The parties acknowledge that certain employees (mainly School Officers) may be engaged on term time contracts of employment. Blackheath and Thornburgh College extends continuous employment to term time employees, which guarantees their employment each year.

6.3 Career Advancement – Teachers

6.3.1 Eligible teachers who satisfy agreed criteria have access to the salary and status of a Senior Teacher, as described in Schedules 1 and 2 of this Agreement. An eligible teacher is one who has twelve months service on Band 3 Step 4 and who satisfies the agreed criteria detailed in Schedule 2.

6.3.2 The parties agree that further career advancement opportunities should exist for experienced teachers who wish to remain in the classroom. While a commitment was provided in the last Agreement to implement a Senior Teacher 2 provision at the beginning of this Agreement, the employer states that the financial position of the College at the commencement of this Agreement prevents this being honoured.

6.3.3 However, the negotiation of this provision remains a “Matter Reserved” in this Agreement.

6.3.4 Should student enrolments reach 450, the employer will commence negotiations within the Single Bargaining Unit on this matter immediately.

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6.4 Ancillary and Residential House Staff - Conditions A schedule of provisions, detailing conditions for Ancillary and Residential House staff, forms Schedule 6 to this Agreement. Schedule 6 is to be read in conjunction with existing Award and Enterprise Bargaining provisions for effected categories of employees.

6.5 Positions of Added Responsibility

6.5.1 The existing Positions of Added Responsibility structure, time release and financial allowances are clarified in Schedule 7 of this Agreement.

6.5.2 Throughout the life of this Agreement, further negotiations regarding the existing PAR structure are envisaged. Any changes to this structure will occur through consultation with all effected holders of Positions of Added Responsibility.

6.5.3 This provision remains a “Matter Reserved” in this Agreement. 6.6 Nurses

It is acknowledged by the parties that registered nurses perform an important role in schools in relation to health services, assessment, referral and treatment of students and that this role is frequently performed in an environment without the immediate support and assistance of other medical and nursing personnel. Such a role, which is performed in isolation from other health practitioners, requires advanced skills and significant experience. It is also acknowledged that registered nurses are part of a team committed to providing the highest possible outcomes for students and the school community generally. 6.6.1 Classification Level

In recognition of the responsibilities and experience of school-based registered nurses, appointments will be at Level 2 of the nursing career structure, based on the generic classification level statements for registered nurses. A full position description will be developed in conjunction with the nursing staff employed at Blackheath and Thornburgh College.

6.6.2 Rosters Nursing staff will prepare a joint roster to provide coverage over the school year. Nursing staff will supply their joint roster to the Principal for approval, which will not unreasonably be withheld. Although paid each fortnight for the whole calendar year, nursing staff will only be required to work for an additional five days outside the school year, for associated duties such as parent interviews, training and setup. If a health situation occurs that requires nursing staff to work an extended number of hours over several days, significantly in excess of rostered hours, the College will favourably consider a request for an additional payment to cover this exceptional circumstance.

6.6.3 Payment of wages From 1 February 2001, the College will recognise nursing staff at Level 2 classification. Salary will be paid fortnightly, and will be inclusive of all allowances such as penalty rates and call out allowances. This will constitute payment for all hours worked, except for overtime hours as described above and normal annual leave loading. Existing fringe benefits paid will continue according to current practice in addition to the salary above. Nursing staff will be paid a fortnightly salary throughout the calendar year for hours performed through the school year.

6.6.4 Goodwill The parties acknowledge that this role requires the utmost good faith by both employer and employee to function efficiently and both employer and employees commit to acting in this manner particularly in the health area.

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6.7 Rationalisation of Award Coverage The parties agree to work towards a rationalisation of conditions of employment for non-teaching employees covered by this Agreement and have developed initially an agreed classification structure for employees in the Residential House. In the event that this agreement is terminated and employees revert to their base Award conditions, the parties agree that the grounds and maintenance staff base conditions will be based on the classification structure and wages and allowances in the Local Government Employees’ (excluding BCC) Award - State.

6.8 Employee Benefits Paid That Are Not Included In Award Conditions The parties agree that existing benefits that are in excess of Award conditions, and have become customary by decisions of the Board in previous years, will continue to be paid. Where the benefit is a monetary allowance it will be increased by the same percentage amount set out in Clause 4.1 of this Agreement. 6.8.1 Allowances:

(a) Allowances for secondary teachers in positions of responsibility where the secondary enrolment is less than 300 students.

(b) Allowances for use of private motor vehicles and tools above Award specified amounts.

6.8.2 Benefits:

(b) Where safety footwear and/or special uniforms are required to be worn under workplace health and safety regulations, the College will provide to employees whose duties require them to be worn a reasonable supply of footwear and/or uniforms, with a replacement for fair wear and tear no more than once per year; with a condition of supply being that if the employee leaves within two months of being supplied new items a deduction of 70% of the cost may be made from any amounts due on termination of employment.

(c) Ancillary Team Members working in the kitchen, laundry and cleaning areas will be supplied annually, at no cost to the employee, with three (3) sets of black work pants and College uniform shirts for wearing when on duty.

(d) Four (4) weeks paid annual leave for kitchenhands and cooks employed on a term time basis.

(e) For members of the College’s previous superannuation scheme, 5% superannuation paid in addition to the superannuation guarantee amount where 5% is also paid by the employee subject to a maximum employer contribution before salary packaging of 12% including superannuation guarantee levy.

(a) Three (3) days paid leave between Christmas and New Year for full time clerical and maintenance staff, in addition to annual leave entitlements.

In the event that either secondary student numbers fall below 210 or boarder numbers fall below 155, the above allowances and benefits may be renegotiated subject to the same consultation and approval process as used for the Certified Agreement.

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6.9 Specific Conditions

6.9.1 The long standing practice of Charters Towers residential schools has been to continue school term time through five public holidays, ie. Australia Day, Anzac Day, Show Day, Labour Day and Queen’s Birthday Holiday. The parties agree that tuition and residential staff who receive paid school vacation time will have five other days of leave substituted for these public holidays. No penalty overtime rates will be paid for work performed on those public holidays. Four of the substituted days of leave shall be taken as an additional period attached to the Easter vacation break.

6.9.2 All other employees may be required to work on the above statutory holidays. One months notice shall be given of any such requirement. An employee required to work on a statutory public holiday shall be paid the appropriate penalty rate.

6.9.3 Staff who do not receive paid school holiday leave and work a 38 hour week may accumulate rostered days off up to a maximum of 10 days. Rostered days off accumulated under this provision may be taken during school vacation periods or if taken during term time with the agreement of the College.

6.9.4 Annual Leave may be accumulated up to a maximum of two years entitlements. Employees who have reached the maximum will be requested in writing to take one third of the total accrued leave entitlement within eight weeks of their anniversary date, and if they fail to do so will be directed by the employer to take the leave. The College Board may in special circumstances defer the application of this clause at the request of the employee.

6.9.5 Long Service Leave is to be taken within fifteen (15) months of it becoming due. Any further extension may only be made with the consent of the College Board.

6.9.6 Teachers employed by the College whose principal duty is teaching Preschool will be paid under the teaching scale of this agreement. Cumulative sick leave will continue to accrue at the rate of ten days per year of service for preschool teachers.

6.9.7 An employee may be employed to perform different functions at different rates of pay provided the agreement is in writing and signed by both parties. Leave entitlements will be based on the actual rates of pay the employee has received.

6.9.8 Employees who do not receive paid school holiday leave and attend either off-site training courses, or on-site training courses conducted by non staff members, shall be paid at ordinary time rates of pay for that time regardless of the weekday the course is held on. Travel time outside ordinary working hours will be unpaid time. Fourteen (14) days notice will be given to employees who are required to attend a formal training course outside normal working hours.

6.10 Banking of Authorised Overtime – School Officers and Ancillary Staff

6.10.1 Where the employer requires an employee to work either before or after their normal starting or finishing times, the employee may choose to receive overtime payment, time off in lieu or to bank the overtime earnt for payment during unpaid school vacation times (as relevant).

6.10.2 Any authorised overtime worked will be paid for at the rate of time and one-half for the first three (3) hours and double time thereafter.

6.10.3 Notwithstanding the above, an employee who has undertaken authorised overtime may bank time to be paid during a school vacation period. An employee exercising this option must allocate all banked time off in lieu toward payment during the vacation period(s). Banked time taken at other times will be taken at a mutually convenient time.

6.10.4 Where an employee exercises their choice to access time off in lieu during a vacation period the employee must advise their employer in writing of this decision and the period(s) when they wish to receive payment within four (4) weeks of the first banking of overtime in that school year.

6.10.5 Any banked time not taken within twelve (12) months of its accrual will be paid at the rate of time and one-half.

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7. PART 7 - FAMILY FRIENDLY POLICIES AND PRACTICES 7.1 Enhanced Conditions for those with Family Responsibilities

The parties acknowledge that the aims of efficiency, effectiveness and equity can be furthered by increased flexibility and improvements in working arrangements. The parties acknowledge the decision of the Queensland Industrial Relations Commission implementing Family Leave.

7.1.1 Paid Maternity Leave

Female employees shall be entitled to six (6) weeks paid maternity leave in accordance with the provisions of this clause.

(a) Interaction with Part 2 Division 1 Industrial Relations Act 1999 The provisions of the Family Leave Award - State shall apply to employees covered by this Agreement. The period of paid leave shall be deemed to be the first six (6) weeks of the leave taken by the employee (provided that the period of paid leave will not include any school vacation time).

(b) Eligibility for Paid Leave

The following employees shall be eligible for paid leave:

(i) full time employees who have one (1) year’s continuous service;

(ii) part-time employees who have been employed for one (1) calendar year (notwithstanding that the amount of service is less than the equivalent of one (1) year full time service);

(iii) fixed term employees who have been employed for one (1) calendar year

(notwithstanding that the amount of service is less than the equivalent of one (1) year full time service). In determining this eligibility period for fixed term employees, two (2) or more fixed term periods may be combined so long as the gap between such periods was less than three (3) months;

(iv) where an employee has returned to work after a period of maternity leave, that

employee shall be entitled to access a second or subsequent period of paid maternity leave.

(c) Payment for Leave

(i) An employee shall be paid at the rate the employees would have received had the employee been at work for the period of paid leave.

(ii) An employee shall receive payment for six (6) weeks at the time of commencing

maternity leave. (iii) Where an employee has received payment in accordance with this clause, and

the pregnancy subsequently results in a miscarriage or still birth, the employee shall be entitled to retain such payment, subject to the employee remaining on leave for a minimum of six (6) weeks.

(d) Paid Maternity Leave and other Entitlements

(i) The period of paid maternity leave shall count as service for all purposes.

(ii) The period of paid maternity leave shall be exclusive of school vacation periods.

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(iii) The period of paid maternity leave shall be inclusive of Statutory Holidays that may fall within the period.

(e) Implementation Date

(i) This provision shall apply as from 1 July 2000. (ii) The application of this provision shall be governed by the Administrative

Guidelines contained in Schedule 4 of this Agreement.

7.1.2 Paid Paternity Leave

Male employees shall be entitled to five (5) days paid paternity leave in accordance with the provisions of this clause.

(a) Interaction with Part 2 Division 1 Industrial Relations Act 1999 (i) The provisions of the Family Leave Award apply to employees covered by this

Agreement. (ii) The period of paid leave shall include date of the birth of the child, provided that

the period of paid leave will not include any school vacation time.

(b) Eligibility for Paid Leave

The following employees shall be eligible for paid leave:

(i) full time employees who have one (1) year’s continuous service;

(ii) part time employees who have been employed for one (1) calendar year (notwithstanding that the amount of service is less than the equivalent of one (1) year full time service);

(iii) fixed term employees who have been employed for one (1) calendar year

(notwithstanding that the amount of service is less than the equivalent of one (1) year full time service). In determining this eligibility period for fixed term employees, two (2) or more fixed term periods may be combined so long as the gap between such periods was less than three (3) months.

(c) Payment for Leave

(i) An employee shall be paid at the rate the employees would have received had the employee been at work for the period of paid leave.

(ii) An employee shall receive payment for the paid leave in accordance with the

normal pay cycle. (iii) Where an employee has commenced paid leave in accordance with this sub-

clause, and the pregnancy subsequently results in a miscarriage or still birth, the employee shall be entitled to remain on paid leave for the remainder of the five (5) day period.

(d) Paid Paternity Leave and other Entitlements

(i) The period of paid paternity leave shall count as service for all purposes. (ii) The period of paid paternity leave shall be exclusive of school vacation periods. (iii) The period of paid paternity leave shall be inclusive of Statutory Holidays that

may fall within the period.

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7.1.3 Paid Adoption Leave

(a) An employee shall be entitled to six weeks paid adoption leave in accordance with the provisions of this clause.

(b) The eligibility for paid adoption leave, and all provisions associated with such leave shall be those set out in this clause relating to paid maternity leave, except that the leave may be taken by either partner, who is the primary care giver.

7.1.4 Unpaid Parental Leave Of Up To Two Years

(a) Employees eligible for parental leave shall be entitled to paid leave as provided by this agreement and in addition, a period of unpaid parental leave provided that such leave shall not extend beyond the child’s second birthday.

(b) Provided that employees who are granted unpaid parental leave for more than one year recommence employment at the beginning of the last semester prior to the expiration of the two year period. Leave, once granted over twelve months, may only be altered with the Employer’s consent.

(c) With the agreement of the Employer, employees may work on a part time basis during this period, without any compromise to their pre-existing employment status.

(d) The parties agree to negotiate administrative guidelines to reflect these provisions. 7.2 Job Share

7.2.1 The parties agree that where a job share position is approved and designated, subject to any other additional conditions prescribed in the relevant parent Award, the following shall also be agreed between the Employer and Employees affected prior to the commencement of any job share arrangement:

(a) Notice periods to initiate any consideration of changes to arrangements;

(b) Joint planning arrangements;

(c) Attendance at whole school professional development and in-service, including pupil-free days;

(d) Assessment and reporting arrangements including parent/teacher interviews. 7.2.2 Copies of the agreement made shall be held by the Employer and affected Employees.

8. WORKPLACE HEALTH & SAFETY ISSUES

8.1 Workplace Health and Safety

8.1.1 The parties agree that the aims of efficiency and effectiveness can be advanced by implementing strategies to achieve healthier and safer jobs. A continuing review of workplace health and safety procedures will be undertaken and further guidelines developed. Training will be provided to staff to reduce the incidence and cost of occupational injury and illness, and to provide full knowledge of the laws and regulations that affect their work area. Staff training requirements will be reviewed by the Workplace Health and Safety Officer in Terms 1 and three (3) each year and the employer agrees to provide the required training resulting from that review.

8.1.2 The employer agrees that it is under a duty of care to provide a safe working environment to the extent required by Federal and State laws, including workplace health and safety regulations, and that an employee will not be required or requested to perform work in breach of those laws. The employer will at all times provide a safe working environment consistent with those laws and regulations.

8.1.3 If an employee, by acting flagrantly and recklessly, seriously breaches the laws and regulations in 8.1.2 and thereby puts themselves, other employees or students of the College at significant

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risk of, or causes, serious injury or death they may be stood down immediately without pay by the Principal or Business Manager and given fourteen days to show cause as to why the Principal should not terminate their employment. If the employee is a member of a Union they may be represented by their Union representative in presenting their case to the Principal.

8.1.4 If an employee breaches the laws and regulations in 8.1.2 otherwise, except for a trivial and inconsequential breach, they may be stood down with pay by the Principal or Business Manager until the breach is rectified. After three such breaches in any two year period they will be notified in writing by the employer that a further breach within the period will result in their employment being terminated by the Principal. If the employee is a member of a Union their Union representative will also be notified in writing.

8.2 Bullying and Harassment

The parties consider any form of harassment, harassment or violence in the workplace to be unacceptable behaviour. Thus: 8.2.1 the parties have adopted a policy and procedures framework contained at Schedule 8 of this

Agreement for dealing with issues of workplace harassment in the College;

8.2.2 the policy and procedures framework will be contained in the Staff Manual and displayed in a prominent place in the College;

8.2.3 all employees will be inserviced at least once per year on the policy and procedure, in relation to what is expected of staff in terms of appropriate behaviour and what steps are to be taken if a complaint is made; and

8.2.4 designated personnel will be appointed to handle complaints. These people will be trained in dealing with such issues and given time release to deal with any emergent issues as and when required.

8.3 Stress

8.3.1 The parties acknowledge that stress in the workplace is a workplace health and safety issue for both employers and employees.

The parties agree to utilise the existing School Consultative Committee facility to monitor the issue of workplace stress and offer practical solutions where appropriate.

8.3.2 The following may be considered by the School Consultative Committee:

(a) special needs students;

(b) student management policies;

(c) provision of counselling to employees;

(d) professional discretionary time;

(e) time management techniques including skills of delegation and collaborative structures;

(f) implications of outcomes based curriculum;

(g) consideration of paperwork and the like expectations on schools and employees;

(h) re-asserting joint responsibility of parents/parish/school as a whole community response to the education of children; and

(i) structural variations to school program. 8.3.3 This should be examined with the view to developing recommendations for a risk management

procedure for the College which would provide mechanisms to:

(a) identify potential stressors;

(b) assess the effect of stressors;

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(c) develop control measures to minimise stressors which would include, but not be limited to, professional development; and

(d) review procedures on control measures. 8.3.4 The School Consultative Committee shall deliberate on these matters on a needs basis as time

permits.

9. PART 9 - CONTEMPORARY LEAVE BENEFITS

9.1 Long Service Leave

9.1.1 The parties agree to formalise long service leave arrangements including the existing provision of long service leave for all employees on the basis of 1.3 weeks for each year of continuing service. The initial period of long service leave may be taken after ten (10) years eligible service.

9.1.2 Long service leave accruals beyond the initial ten (10) years becomes an employee time entitlement absolutely for each and every subsequent year of continuous service.

9.1.3 Any period of long service leave taken by an employee is exclusive of any public holidays or vacation periods (as the case may be) which may fall during the period of long service leave.

9.1.4 Except in exceptional circumstances, an employee shall give six (6) months notice in writing to the Principal of their application to access an accrued long service leave entitlement. At this time, the employee shall state the commencement and cessation dates of long service leave.

9.1.5 Approval shall not be unreasonably withheld by the Principal; notwithstanding the facility to consult with the employee where a period of leave impacts on the operational requirements of the College.

9.1.6 The parties agree to review long service leave arrangements consequent upon amendments to the Industrial Relations Act 1999.

9.2 Pro Rata Entitlement to Long Service Leave

The parties agree that upon death, total and permanent disablement or resignation, a pro rata payment of long service leave shall be made to the employee where the employee has served more than five (5) years.

9.3 Sick Leave Full time employees are entitled to sick leave, which may include special responsibility leave when a member of their immediate family or household is ill and needing their care or support, of ten (10) days per year. Sick leave is cumulative. Part-time or term-time employees are entitled to sick leave on a pro rata basis.

10. PART 10 - CONTEMPORARY REMUNERATION BENEFITS

10.1 Superannuation

10.1.1 The College agrees to offer each new employee a choice of either QIEC or Westpac superannuation funds.

Existing staff who are members of Commonwealth Life or AXA Australia superannuation funds may remain in their nominated fund, or may change their superannuation fund to either QIEC or Westpac superannuation fund.

Only one complying superannuation fund may be chosen by each employee. The employee may change their superannuation fund at 1 July each year provided one month’s notice is given including all details of the new fund. The fund may not be a private fund. The default fund

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where an employee does not nominate a fund after three (3) months will be the QIEC superannuation fund.

10.1.2 The employer will remit personal contributions to each superannuation fund within 28 days of the end of the month of deduction.

10.2 Superannuation – Employer Contribution Level

10.2.1 All employees have access to an employer superannuation contribution of 8% from 1 July 2000 and 9% from 1 July 2002.

10.2.2 From 1 January 2002, it is agreed that the employer contribution to employees’ superannuation will be increased for staff members with at least 6 years service with the College. The employer superannuation contribution, above the statutory minimum requirement, will be:

(a) an additional 1% for employees with over 6 years service;

(b) an additional 2% for employees with over 8 years service; and

(c) an additional 3% for employees with over 10 years service.

This additional employer superannuation contribution will be made to all eligible teaching and non-teaching staff, except those staff who are members of the College’s original superannuation scheme.

10.2.3 Further the parties agree to review this provision should State or Federal legislation be introduced which detrimentally affects employees participating in the above provision.

10.3 Salary Sacrifice

Employees shall be permitted to elect to salary package a maximum of 30% of ordinary time earnings or total remuneration for salaried employees into the following areas, subject to compliance with the Industrial Relations Act 1999. 10.3.1 General Provisions:

(a) A salaried employee is an employee who is paid on a yearly basis in the accompanying rate table.

(b) An ordinary time employee is an employee whose pay is based on an hourly rate in the accompanying rate table, and who may only salary package ordinary time earnings.

(c) The salary package amount shall be expressed as a dollar amount.

(d) Any arrangements set out in this clause shall be at the employees request.

(e) The terms of this arrangement shall be committed to writing and signed by the employer and employee.

(f) A copy of the signed agreement shall be held by the the College and a copy provided to the employee.

(g) Holiday leave loading, accrued annual leave paid on termination, superannuation guarantee levy payments and accrued long service leave paid on termination will be calculated on either:

(i) ordinary time earnings before salary packaging for an ordinary time employee,

or

(ii) total remuneration before salary packaging for a salaried employee.

(h) Subject to the provisions of Clause 4.1, if changes in Income Tax or Fringe Benefits Tax law cause significant adverse financial effects for either the employer or employees, the salary packaging clauses may be renegotiated.

(i) The maximum amount of salary which is elected to be packaged under the provisions of this clause shall not exceed 30% of either total remuneration for a salaried employee or ordinary time earnings otherwise, for any one employee.

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(j) The parties acknowledge that within the limits prescribed in this clause the implementation of any salary packaging arrangement shall be at the discretion of the employer.

10.3.2 Superannuation Funds

Where the employer and individual employee agree an additional contribution may be made of the employee’s ordinary time earnings or total remuneration for salaried employees into a complying superannuation fund. The following conditions shall apply:

(a) the fund shall comply with the provisions of the Superannuation Industry (Supervision) Act 1993;

(b) no fund shall be a personal fund;

(c) the implementation of any such fund shall be at the discretion of the Employer;

(d) such salary packaging arrangements shall be available to all employees with the exception of casual employees and those employed on fixed term contracts for less than a school year;

(e) the funds shall accept electronic funds transfer; and

(f) this arrangement may only be altered once per annum on 1 July.

10.3.3 Salary Packaging – Laptop Computers

(a) Any full time permanent employee with a legitimate educational use for a laptop computer shall be permitted to elect to salary package a portion of total remuneration towards the provision of a laptop computer for the agreed term.

(b) Where the employer and employee agree a laptop computer will be provided on the basis of an operating rental arrangement. The Employer may alter its financing arrangements to suit emergent circumstances at its discretion with no alteration to the agreed salary packaging amount.

(c) Damage to the laptop caused by the employees wilful negligence or malicious acts may be deducted from any amount of salary, accrued holiday pay or long service pay owing by the employer to the employee, with the quantum of damage being the fair cost of repair less any insurance recovery.

(d) Operating Rental

(i) The College will provide a laptop computer and software over which the employee will have full use and control;

(ii) Specifications and manufacturer of the laptop will be determined by the College

Business Manager;

(iii) The agreed term will be two years, with the employer having an option to offer the employee a reduced agreed term;

(iv) The amount packaged from the employee’s salary will be equivalent to the

operating lease figure for the laptop as specified;

(v) Neither the employee or employer will have any ownership rights over the laptop computer; and

(vi) If the employee leaves the employer’s employment before the end of the agreed

term the laptop computer and software will be returned to the employer in good order.

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10.3.4 Salary Packaging – Motor Vehicles

(a) At the discretion of the College, a full time permanent employee may salary package total remuneration and allocate the amount towards the operating lease of a College approved motor vehicle.

(b) The employee would be liable from his or her own resources for fuel, insurance and the insurance excess for any damage plus Fringe Benefits Tax, if any.

(c) The employee would have full use and control of the motor vehicle. The period of such agreement will be two years, with the employer having an option to offer a reduced agreed term.

(d) The arrangement would lapse with cessation of employment.

(e) The parties agree that this option is at the sole discretion of the employer.

(f) Damage to the vehicle caused by the employee’s wilful negligence or malicious acts may be deducted from any amount of salary, accrued holiday pay or long service pay owing by the employer to the employee, with the quantum of damage being the fair cost of repair less any insurance recovery.

(g) The employer may terminate this arrangement before the completion of the agreed term if the employee: (i) is convinced of a serious traffic offence;

(ii) operates the vehicle in a manner that would allow the insurer to disallow an

insurance claim.

(h) The terms of this arrangement shall be committed to writing and signed by the employer and employee.

(i) A copy of the signed agreement shall be held by the employer and a copy provided to the employee.

10.3.5 Further Operational Guidelines

(a) Subject to the agreement of the employer, an employee may salary package other items up to the 30% limit stated previously.

(b) While these items may offer employees concessional tax rates, the employer will not enter into an agreement solely for the purpose of reducing an employee’s tax burden. There must be an additional benefit to the College meeting its goals and objectives for such arrangements to be agreed to.

(c) Items that could be considered under this heading are:

(i) professional books and journals;

(ii) professional membership fees;

(iii) work related training and self education costs excluding HECS;

(iv) mobile telephones;

(v) remote area housing allowance;

(vi) removal expenses on appointment to the College;

(vii) remote area rental or housing assistance;

(viii) travel and accommodation having a work related component; and

(ix) computer software and certain computer hardware.

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This list is not exhaustive.

(d) Some items above would include items which the College customarily funds either in part or in whole, however, this clause allows more employee flexibility and choice for those items.

(e) Any fringe benefits tax payable on the above items will be included within the employee’s package amount.

(f) Each agreement must be in writing between the employee and employer, with the amounts, type of item and the period for which the packaging is to operate.

(g) Changes to the packaging arrangements may only be made at the start and middle of the school year. Packaging will be considered to operate for 12 months, with any under or over on the packaging amount to be adjusted when the employee leaves the employer’s service. Such adjustment will be either an addition or deduction to the final pay.

10.4 Locality Allowance – Teachers

10.4.1 Eligible full time, part time and fixed term teachers will be paid a locality allowance in

accordance with Schedule 9 of this Agreement.

10.4.2 The quantum of the locality allowance paid is determined by the number of dependent children living at home and whether the eligible teacher is the primary income earner.

10.4.3 The employer shall provide an Application Form for locality allowance to all eligible teachers at the commencement of each school year and to new teachers who may commence employment throughout the year as applicable. This Application Form is also contained at Schedule 9 of this Agreement.

10.4.4 Eligible teachers, other than full time, shall receive the locality allowance on a pro rata basis.

11. PART 11 - EMPLOYMENT POLICIES AND WORK PRACTICES

11.1 Hours of Duty - Teachers During the life of the Agreement, the Parties agree to enter into discussions in relation to the hours of duty arrangements with a view to reaching an agreed position. The Parties reaffirm the flexibilities of the Teachers’ Award - Non-Governmental Schools regarding the Span of Hours contained in Clause 16.

11.2 Formal Review for Unsatisfactory Performance For any number of reasons, an employee may experience significant difficulties in performing their duties. Identifiable assistance and support/training should be provided by the employer to such employees. Where unsatisfactory performance occurs over a continuing period and despite relevant and adequate assistance given, a clearly, documented and formal process should be followed as detailed in Schedule 5 of this Agreement.

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11.3 Non-Contact Time: Primary

11.3.1 Teachers in primary schools and pre-schools and primary departments of a secondary school, employed for seven (7) hours or more per week, shall be entitled to a minimum of two (2) hours of non-contact time per week aggregated as necessary for periods of up to one school term.

11.3.2 Release time shall constitute ‘duty’ in terms of relevant industrial instruments.

11.3.3 The allocation of non-contact time shall be negotiated at the school level in advance of the commencement of each term and committed to writing, provided that the minimum block of non-contact time shall not be less than 30 minutes.

11.3.4 Part-time teachers, engaged for seven (7) hours or more per week, will receive non-contact time equivalent to time which reflects the proportion the hours the engagement bears to full-time contact hours.

11.3.5 Release time provided for in this clause shall be inclusive of non-contact time available at the commencement of this Agreement.

11.4 Equal Employment Opportunities The parties agree that Equal Employment Opportunity is part of a just and equitable work environment. The employer agrees to meet their statutory obligations in this respect, and as such will consult with all employees (especially females) in the development of their workplace program. This would include consultation on:

11.4.1 the recruitment procedure and selection criteria, for appointment or engagement of persons as employees;

11.4.2 the parties have adopted a policy and procedures framework contained at Schedule 8 of this Agreement for dealing with issues of workplace harassment in the College;

11.4.3 of service of employees;

11.4.4 arrangements for dealing with sex-based harassment of women in the workplace; and

11.4.5 arrangements for dealing with pregnant, or potentially pregnant employees and employees who are breastfeeding their children.

11.5 Vocational Education Review

The parties agree that the following criteria be the subject of consultation between staff and management prior to the implementation of Vocational Education subjects and other practical classes in the College:

11.5.1 class sizes;

11.5.2 teacher retraining/professional development;

11.5.3 teacher aide time;

11.5.4 preparation time;

11.5.5 industry experience; and

11.5.6 release time for curriculum writing.

11.6 Student Free Days

The parties agree that there will be no extension to the school teaching year (including student free days) without the mutual agreement of both parties. Any change to the scheduling of student free days is to be subject to agreement between the employer and majority of affected employees.

11.7 Relief Teaching

The parties undertake to establish agreed protocols for the employment of relief teachers in the event of teacher absence. Teachers employed as casuals will be paid at the rate commensurate with their qualification(s) and years of teaching experience.

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11.8 Other Teacher Release Time The parties agree that the introduction of a new syllabus, or such associated planning work, may have significant impact on teachers’ workloads from time to time. In accordance with current practice, teachers may make application to the Principal for time considerations in such instances. These will be evaluated on a case by case basis and extra time release granted at the Principal’s discretion.

11.9 School Officer and Services Staff Relief Blackheath and Thornburgh College management agrees to consider arranging a suitable replacement for a school officer or services staff member who is absent from their position due to accessing a period of leave. Such consideration will occur on a case-by-case basis and will take into account the operational needs of the College, duty of care to students and workplace health and safety issues for affected staff in the first instance. Consultation with affected staff should occur to support this decision-making process. Any dispute arising shall be dealt with in accordance with Clause 2.3 of this Agreement. This provision shall not apply in College vacation periods in circumstances where the employee would not normally have been rostered to work.

11.10 Fixed Period Contracts – Non-Teaching Staff

A “fixed period employee” shall be defined as an employee appointed to accommodate an identifiable short term need. Without limiting the application of the foregoing, an identifiable short-term need could include:

11.10.1 special projects

11.10.2 proposed closure of the College

11.10.3 special government grants

11.10.4 filling the position of a specified employee who is on nominated leave from the College

11.10.5 filling the position of an employee arising from a resignation, where such position is declared vacant and no suitable permanent employee is available.

Provided a fixed period employee shall be employed for a period no greater than twelve (12) months; provided further that if the identifiable short-term need exists after the twelve (12) month period, the fixed period appointment may be re-negotiated. Any agreement reached between an employer and an employee as prescribed by this clause shall be in writing, signed by both parties, and shall clearly identify the terms, conditions and specific duration (commencement and cessation dates) of the appointment.

11.11 School Policies

Blackheath and Thornburgh College has adopted policies for “Administration of Medication to Students” and “Restraint of Students” to guide staff in their professional responsibilities to students, each other and the wider school community. These policies are included in this Agreement at Schedules 10 and 11 respectively.

12. PART 12 - CONTEMPORARY INDUSTRIAL PRACTICES

12.1 Resourcing of School Level Industrial Practice

12.1.1 The College recognises that the Unions party to this Certified Agreement and their accredited representatives are the legitimate representatives of employees covered by this Certified Agreement and shall acknowledge the right of employees to join or maintain membership of the relevant unions bound by this Certified Agreement.

12.1.2 The College agrees to provide:

(a) access for workplace union representatives to telephone, fax, photocopier, computer, email and internet to carry out union responsibilities and shall not deny email/fax access

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to the unions party to this certified agreement for the forwarding of documents to employees;

(b) reasonable time at staff meetings, or other such staff forums from time to time, for workplace union representatives to consult with employees on workplace matters, such as enterprise bargaining issues.

12.2 Redundancy Provisions

12.2.1 The Employer acknowledges that they have a duty of care to their employees and seek to maintain full employment for their staff.

12.2.2 Notwithstanding this commitment to continuing employment, situations may arise where positions become redundant.

12.2.3 Staff affected by such redundancies shall be entitled to:

(a) an initial payment equal to two (2) week’s salary for each year of service to a maximum payment equivalent to 52 week’s salary;

(b) minimum notice requirement under their relevant parent award for termination of employment;

(c) minimum severance payment made under the Queensland Industrial Relations Statement of Policy on “Termination, Changes and Redundancy”; and

(d) pro rata long service leave regardless of number of years of service. 12.2.4 An employee shall be given a minimum of four (4) weeks notice of impending redundancy, or

in lieu of such notice, be entitled to an additional four (4) weeks salary.

Such payment will not diminish or negatively impact on other entitlements accrued by the employee during their period of employment.

12.2.5 The requirement for consultation to occur between all parties in the event of any termination, change or redundancy, as specified in the Queensland Industrial Relations Commission’s Statement of Policy on ‘Termination, Changes and Redundancy’, is also acknowledged.

12.3 Pay slip

12.3.1 The Parties agree to the implementation of measures to provide all employees with Pay Advice Slips showing the following:

(a) salary classification including for example band and step, PAR or other positions of responsibility;

(b) gross payment;

(c) tax paid;

(d) net payment;

(e) superannuation contributions;

(f) accrued number of sick days;

(g) accrued Long Service Leave; and

(h) accrued annual leave; and

(i) any deductions. 12.3.2 Where the software used by the employer cannot be modified to provide such information it is

agreed that such details will be provided for staff at least twice a year, at the end of each semester, until such time as the software program is able to provide such information on an ongoing basis.

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12.4 Implementation of 38 hour week Notwithstanding anything contained in relevant Awards, non-teaching staff in the College shall work a 38 hour week on conditions normally applying to the introduction of a 38 hour week.

12.5 Training Leave Paid leave of absence may be granted to employees under the following conditions: 12.5.1 Up to three days leave on ordinary pay shall be granted to attend courses and seminars

conducted by (previous) Trade Union Training Australia Inc, ACTU or specific union training courses approved by the union. Courses other than those approved by the (previous) Trade Union Training Authority shall be subject to consultation between the College and unions who are parties to this agreement.

12.5.2 The leave shall be non-cumulative.

12.5.3 One months notice must be given of the employee’s intention to take this leave.

12.5.4 The application for leave shall be endorsed by the respective union.

12.5.5 The applicant employee shall have two years continuous service with the College at the time of proceeding on leave.

12.5.6 The granting of such leave shall be subject to the reasonable convenience of the College having regard to the efficient operation of the college.

12.5.7 No employee shall be granted leave in excess of the duration of the course ie travelling time is not included.

12.5.8 Employees who are granted leave to attend a course may not attend a subsequent course until the expiration of two years from the date of commencement of the previous period of leave.

12.5.9 The College is not responsible for any additional costs except for the payment of relief employees where this is considered appropriate.

12.5.10 Only one teacher and one non teaching employee may avail of this leave at the same time.

12.5.11 Application for this leave must be submitted through the Principal within the prescribed time limits and must include details of the course to be attended and endorsement from the relevant union.

12.5.12 No more than six paid days of training will be taken in total in any one calendar year due to the small size and limited financial resources of the College.

12.5.13 The approved courses will have a content that relates directly to the staff members employment.

12.6 Equity

The College is committed to the equitable treatment of all employees in regard to working conditions and entitlements. During the life of this Agreement the parties will review all working conditions and entitlements with a view to rationalising conditions and entitlements according to equity principles.

12.7 Job Security The parties agree that changes to work practices and productivity initiatives must be consistent with the operation of the College. Arbitrary job reductions will not be pursued to secure the ongoing improvements in productivity and efficiency sought. Where the College decides to outsource an area of operations currently performed by its own staff, staff taken over by the contractor will be entitled to payment of accrued holiday pay, loading and pro rata long service leave accrued from the date of commencement with no vesting period applied. Staff whose employment is not taken over by the contractor will be paid termination pay calculated under the provisions of the relevant Award plus redundancy pay of two weeks for every completed year of service.

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The College agrees to consult with affected staff where an outsourcing option is being considered; to allow reasonable time and disseminate relevant information on a confidential basis to the affected staff on the proposed outsourcing arrangement; and to give due consideration to any submission from the affected staff and the relevant union.

12.8 Matters Reserved The following items shall be monitored by the Single Bargaining Unit throughout the life of the Agreement and remain matters reserved:

12.8.1 Ancillary and Residential House Conditions

12.8.2 School Officers’ Classification Structure;

12.8.3 Positions of Added Responsibility;

12.8.4 Nurses;

12.8.5 Senior Teacher Classification Level 2;

12.8.6 Hours of Duty – Teachers.

13. FUTURE RE-NEGOTIATION OF AGREEMENT

13.1 Renewal or Replacement of Agreement Subject to satisfactory implementation of this Agreement, the parties agree to re-open negotiations at least three months prior to the expiry of this Agreement with a view to negotiating a replacement Agreement. Further, the parties agree to monitor the implementation of the Agreement through the SBU and identify issues suitable for negotiation in a replacement Agreement. The parties acknowledge that in reaching agreement on wage levels in a subsequent agreement cognisance shall be given to the developing industry wage standards.

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14. SIGNATORIES Signed for and on behalf of Blackheath and Thornburgh College (ACN 107444011)

(Signature)

(Full Name)

(Position)

Witness (Signature)

(Full Name)

(Position)

Queensland Independent Education Union of Employees (Signature)

(Full Name)

(Position)

Witness (Signature)

(Full Name)

(Position)

Liquor Hospitality and Miscellaneous Union – Queensland Branch

(Signature)

(Full Name)

(Position)

Witness (Signature)

(Full Name)

(Position)

Australian Workers’ Union of Employees- Queensland

(Signature)

(Full Name)

(Position)

Witness

(Signature)

(Full Name)

(Position)

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Queensland Nurses Union of Employees

(Signature)

(Full Name)

(Position)

Witness

(Signature)

(Full Name)

(Position)

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SCHEDULE 1

Salary, Wages and Allowances

TEACHERS' AWARD - NON-GOVERNMENTAL SCHOOLS

As at 1 July 2002 3.5% from 1 January 2004

3.5% from 1 January 2005

3.8% from 1 January 2006 Classification

annual fortnightly annual fortnightly annual fortnightly annual fortnightly

Band 1

Step 1 34411 1319.00 35615 1365.20 36862 1413.00 38263 1466.70 Step 2 35419 1357.60 36659 1405.20 37942 1454.40 39384 1509.60 Step 3 36648 1404.70 37931 1453.90 39258 1504.80 40750 1562.00 Step 4 37950 1454.60 39278 1505.60 40653 1558.30 42198 1617.50

Band 2

Step 1 39035 1496.20 40401 1548.60 41815 1602.80 43404 1663.70 Step 2 41205 1579.40 42647 1634.70 44140 1691.90 45817 1756.20 Step 3 43369 1662.30 44887 1720.60 46458 1780.80 48223 1848.50 Step 4 45537 1745.30 47131 1806.60 48780 1869.80 50634 1940.90 Step 5 47707 1828.60 49377 1892.70 51105 1958.90 53047 2033.40

Band 3

Step 1 49515 1897.90 51248 1964.40 53042 2033.20 55057 2110.40 Step 2 51325 1967.30 53121 2036.20 54981 2107.50 57070 2187.60 Step 3 53132 2036.60 54992 2107.90 56916 2181.70 59079 2264.60 Step 4 54938 2105.80 56861 2179.50 58851 2255.80 61087 2341.50

Senior Teacher* 57410 2200.60 59419 2277.60 61499 2357.30 63836 2457.50

Senior Teacher Allowance** 2472 94.80 2559 98.10 2648 101.60 3024 115.90

PAR 1 5741.20 220.10 5942.10 227.80 6150.00 235.80 6383.70 244.70

PAR 2 5842.10 224.00 6046.60 231.80 6258.20 239.90 6496.00 249.00

PAR 3 8813.00 337.90 9121.50 349.70 9440.80 361.90 9799.00 375.60

PAR 4 8838.20 338.80 9147.50 350.70 9467.70 363.00 9827.50 376.70

NB:

* Senior Teacher is the wage/salary payable to the teachers on Band 3 Step 4 who are eligible under the Senior Teacher provision(s) of the Senior Teacher Schedule 2.

** The Senior Teacher Allowance is payable only to three year trained teachers who are eligible under the Senior Teacher provision(s) as per Clause 3.1(ii) of the Senior Teacher Schedule 2.

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SCHOOL OFFICERS' AWARD - NON-GOVERNMENTAL SCHOOLS

As at 1 July 2002 3.5% from 1 January

2004

3.5% from 1 January

2005

3.8% from 1 January

2006 Classification

fortnightly fortnightly fortnightly fortnightly

Level 1 Step 1 1049.20 1091.70 1130.00 1173.00 Step 2 1072.20 1114.70 1153.80 1197.70 Step 3 1094.60 1137.10 1176.90 1221.70 Step 4 1118.00 1160.50 1201.20 1246.90

Level 2 Step 1 1118.00 1160.50 1201.20 1246.90 Step 2 1140.70 1183.20 1224.70 1271.30 Step 3 1172.10 1214.60 1257.20 1305.00 Step 4 1186.30 1228.80 1271.90 1320.30

Level 3 Step 1 1213.10 1255.60 1299.60 1349.00 Step 2 1266.30 1310.70 1356.60 1408.20 Step 3 1300.50 1346.10 1393.30 1446.30

Level 4 Step 1 1323.50 1369.90 1417.90 1471.80 Step 2 1357.70 1405.30 1454.50 1509.80 Step 3 1392.00 1440.80 1491.30 1548.00

Level 5 Step 1 1437.70 1488.10 1540.20 1598.80 Step 2 1472.00 1523.60 1577.00 1637.00 Step 3 1506.40 1559.20 1613.80 1675.20

Level 6 Step 1 1554.10 1608.50 1664.80 1728.10 Step 2 1638.70 1696.10 1755.50 1822.30 Step 3 1723.40 1783.80 1846.30 1916.50 Step 4 1809.70 1873.10 1938.70 2012.40 Step 5 1892.40 1958.70 2027.30 2104.40

Level 7 Step 1 1938.00 2005.90 2076.20 2155.10 Step 2 1992.50 2062.30 2134.50 2215.70 Step 3 2047.20 2118.90 2193.10 2276.50 Step 4 2101.20 2174.80 2251.00 2336.60

Qualification Allowance 50.10 51.80

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NURSING AWARD STATE

As at 1 July 2002

3.5% from 1 January 2004

3.5% from 1 January 2005

3.8% from 1 January 2006 Classification

weekly weekly weekly weekly

Registered Nurses

Level 2

1st Year 963.00 996.80 1034.70 2nd Year 985.70 1020.20 1059.00 3rd Year 1008.60 1044.00 1083.70

4th Year + 1031.60 1067.80 1108.40

Enrolled Nurse

1st Year 616.55 638.15 660.50 685.60 2nd Year 629.60 651.65 674.50 700.15 3rd Year 642.95 665.50 688.80 715.00 4th Year 656.25 679.25 703.05 729.80

5th Year + 669.55 693.00 717.30 744.60 Assistant in Nursing

1st Year 389.70 403.35 417.50 433.40 2nd Year 423.95 438.80 454.20 471.50 3rd Year 457.90 473.95 490.55 509.20 4th Year 528.65 547.20 566.40 587.95

5th Year + 553.10 572.50 592.55 615.10

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RESIDENTIAL AND ANCILLARY STAFF

As at 1 July 2002

3.5% from 1 January 2004

3.5% from 1 January 2005

3.5% from 1 January 2006 Classification

fortnightly fortnightly fortnightly fortnightly

Ancillary Team Member 1 (formerly Residential Supervisor,

Housekeeper, Student Management Co-Ordinator, Yard Maintenance

Worker, Cook, Kitchenhand/Waitress)

1040.60 1083.10 1121.10 1163.80

Ancillary Team Member 2 (formerly Groundsman, 2nd Cook,

Cook Alone) 1100.90 1143.40 1183.50 1228.50

Ancillary Team Member 3 (formerly Chef / 1st Cook,

Grounds/Maintenance) 1151.70 1194.20 1236.00 1283.00

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MISCELLANEOUS WORKERS' AWARD - STATE CLEANERS

As at 1 July 2002

3.5% from 1 January 2004

3.5% from 1 January 2005

3.8% from 1 January 2006 Classification

fortnightly fortnightly fortnightly fortnightly

Ancillary Team Member 1 (formerly Category 1 & 2) 1040.60 1083.10 1121.10 1163.80

Ancillary Team Member 2 (formerly Category 3) 1100.90 1143.40 1183.50 1228.50

Ancillary Team Member 3 (formerly Category 4) 1151.70 1194.20 1236.00 1283.00

**Miscellaneous Workers' Staff are currently receiving the relevant Ancillary Team Member rate.

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SCHEDULE 2

Senior Teacher 1. OPERATION

1.1 This provision shall operate from 1 July 1999. It shall prevail over Clauses 2(20), 8C and Schedule 2(2) of the Teachers’ Award – Non-Governmental Schools subject to Clause 11.3(i) of this Schedule.

2. SENIOR TEACHER

2.1 The Employer has committed to provide an unquoted access mechanism by which eligible Teachers are recognised for their experience as a classroom Teacher.

Senior Teacher is a provision by which classroom Teachers undertake task(s) consistent with the ethos of the College in one of the areas of: • Ethos of the College • Teaching and Learning • The Teaching Profession • The College Community

2.2 The provisions which are contained within this Schedule will be exclusive of the Positions of Senior

Administration and Positions of Added Responsibility career pathway. Separate provision is to be made (as per Clause 6.5 and Schedule 7 of the Blackheath and Thornburgh College Enterprise Bargaining Certified Agreement 2040) for positions designated to provide support to the Principal in the overall management of the College, specifically in the areas of curriculum, pastoral care and other administrative responsibilities.

2.3 Persons who hold Positions of Added Responsibility shall not be eligible for Senior Teacher status and

remuneration.

2.4 A Senior Teacher who fills a minor co-ordinating role shall be entitled to an allowance payment in accordance with Clause 8B of the Teachers’ Award – Non-Governmental Schools.

3. ELIGIBILITY

3.1 A Senior Teacher is a Teacher who:

(i) has been on the classification Band 3 Step 4 for a period of at least 12 months in the case of a four year trained Teacher; or

(ii) has had the equivalent of nine years full time teaching experience if a three year trained

Teacher (in which case Senior Teacher status is to be paid as an allowance in addition to the fortnightly wage paid appropriate to the Teacher’s classification); or

(iii) in the case of a part time Teacher, has worked 1000 hours of teaching duty on the

classification Band 3 Step 4; and (iv) signs an undertaking consistent with Clause 4 : Senior Teacher Action Plan; and (v) is entitled to, subject to Clause 6, the relevant salary prescribed;

3.2 The Employer will initiate advice to the Teacher regarding the Teacher’s eligibility to be a Senior Teacher which will be:

(i) in writing and identify the date of eligibility; and (ii) provided in a timely manner prior to the date of eligibility.

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3.3 A Teacher will not be prejudiced by not having complied with the undertaking given in Clause 4 due to circumstances relating to that undertaking beyond the control of the Teacher.

4. SENIOR TEACHER ACTION PLAN: OPERATIONAL PROVISIONS

4.1.1. The Teacher will submit a signed Senior Teacher Action Plan listing the task(s) which will be undertaken as a classroom Teacher in one of the areas of: • Ethos of the College • Teaching and Learning • The Teaching Profession • The College Community

and which demonstrate one or more of the following:

(i) Skills in effective classroom practices; (ii) Skills in curriculum implementation; (iii) Skills in curriculum development; (iv) Skills in evaluating and reporting on students’ progress; (v) Skills in developing positive relationships with students; (vi) Skills in the development of personal and professional relationships with other staff members,

parents and the wider community; (vii) Skills in the development and implementation of ideas gained from professional development

activities to enhance students’ learning; (viii) Skills in the development and implementation of ideas gained from professional development

activities to promote organisational development of the College’s Mission.

4.1.2 The demonstration of one or more of these skills may involve one or more of the following tasks in an identified context or area, which shall be listed on the Senior Teacher Action Plan.

Ethos of the College

• Providing support to the development of the Ethos and spirituality of the College; • Providing support to the development of strategic planning in the College;

Teaching and Learning

• Developing teaching-learning activities which enhance student learning; • Modeling effective teaching strategies and classroom management strategies; • Providing support to the implementation of a new syllabus; • Providing support to the development of curriculum; • Providing support to the evaluation of new curriculum; • Providing support to resource development; • Providing support to or undertaking a project activity or shared action research; • Undertaking the testing, recording and reporting associated with core assessment;

Teaching Profession

• Making a contribution to the professional development of other Teachers; • Providing pastoral support to students; • Providing pastoral support to other employees; • Providing support to core testing activities; • Providing support to the induction programme for new staff; • Undertaking an identified mentoring task(s); • Providing support to a year level co-ordinator; • Providing support to a subject area co-ordinator; • Providing support to or undertaking a project activity or shared action research;

College Community

• Participation in internal and/or external college/community committees; • Providing support to or undertaking a project activity or shared action research.

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These tasks are an indicative list only.

4.2 The required undertaking consistent with Clause 4.1 will be in the form of a Senior Teacher Action Plan

(Attachment A). 4.3 The Senior Teacher Action Plan will be provided to the Principal or nominee and when mutually agreed,

will be signed by both the Teacher and the Principal. 4.4 The task nominated by the Senior Teacher applicant may be a task the Teacher is currently doing and

undertakes that they will continue to do. If the task nominated by the Senior Teacher applicant is not considered appropriate to the needs of the College, the Principal may request that the Teacher reshape their plan so that it responds to the College’s needs (as identified in discussion between the Senior Teacher applicant and Principal).

4.5 A Senior Teacher shall review the Senior Teacher Action Plan each year and if necessary revise the

Senior Teacher Action Plan. The Principal may request that a Teacher revise the Senior Teacher Action Plan at this time.

4.6 The revised Senior Teacher Action Plan must also be discussed with the Principal or nominee and signed

by both parties if mutually agreed. 4.7 In the event that unforeseen circumstances arise which relate to the undertaking, the Senior Teacher

Action Plan may be altered by mutual agreement between the Teacher and Principal. 4.8 The task(s) identified in the Senior Teacher Action Plan will be undertaken in a timely manner and on

request, with reasonable notice from the Principal.

5. CLASSROOM ALLOCATION

5.1 The task(s) of a Senior Teacher complement the Senior Teacher’s primary role as a classroom Teacher. The task(s) of a Senior Teacher will not be so frequent or onerous as to detract from the Senior Teacher’s primary role as a classroom Teacher. The normal classroom load of a Senior Teacher may be adjusted when necessary, from time to time at the discretion of the Principal, within available resources and in accordance with the Hours of Duty provisions.

6. GRIEVANCE

6.1 If a Senior Teacher does not comply with the terms of the undertaking in Clause 4 above, the Principal will: (i) outline the nature of the non-compliance, in writing, to the Teacher; and (ii) provide the Teacher with the adequate opportunity to explain/redress the situation.

6.2 If the Teacher does not provide an explanation to the satisfaction of the Principal and after being given an

opportunity fails to redress the situation, then: (i) the Principal will provide a written determination to the Teacher outlining the Teacher’s non-

compliance with the undertaking; and (ii) the Teacher will revert back to the classification of Band 3 Step 4 if a four year trained

Teacher (or the Senior Teacher allowance will no longer be paid if a three year trained Teacher) for a period of twelve months from the date of the Principal’s written determination.

6.3 After the twelve month period referred to in Clause 6.2 (ii) expires, the Teacher is again eligible for

access to Senior Teacher provided that the Principal is satisfied that the second undertaking given will be honoured.

6.4 Any Teacher aggrieved by the decision not to appoint or to remove their classification of Senior Teacher

or to refuse them re-entry to the Senior Teacher classification, may access the dispute resolution procedure (Clause 2.3 of the Blackheath and Thornburgh College Association Enterprise Bargaining Certified Agreement 2004).

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7. REMUNERATION

7.1 Remuneration payable to a Senior Teacher is at the rate prescribed in the Wages Schedule, attached to the Blackheath and Thornburgh College Association Enterprise Bargaining Certified Agreement 2004.

7.2 Remuneration shall be paid from the date of eligibility provided that the Teacher provides an undertaking

consistent with Clause 4 prior to that date. Where the Teacher provides an undertaking, consistent with Clause 4, after the eligibility date remuneration shall be paid from the date the undertaking is provided.

8. ELIGIBILITY OF FIXED TERM EMPLOYEES

8.1 In the case of a fixed term teaching employee, in addition to satisfying the conditions of Clause 4, a fixed term Teacher can access Senior Teacher only if the Teacher obtains an engagement for a period of at least three college terms.

8.2 In cases where the classification of Senior Teacher is not accessed by a fixed term Teacher, there can be

no employer requirement or expectation that tasks consistent with the Senior Teacher provision will be performed.

9. ELIGIBILITY OF PART TIME EMPLOYEES

9.1 In the case of a Teacher employed on a part time basis of at least 0.5 teaching load of a full time teaching employee, such a Teacher may access Senior Teacher classification through the process identified in Clause 4 and shall receive a proportional salary rate based on the salary rate of a Senior Teacher for all time worked.

9.2 In the case of a Teacher employed on a part time basis of less than 0.5 teaching load of a full time

teaching employee, such a Teacher may access Senior Teacher classification by negotiation with the Principal. If having discussed and agreed on access to this Senior Teacher classification, a proportional salary rate based on the salary rate of a Senior Teacher will be paid for all time worked.

9.3 Task(s) undertaken by a part time Teacher consistent with Clauses 4 and 5, will reflect the proportion of

time employed at the College. No additional hours will be paid to the part time Teacher for undertaking the Senior Teacher Action Plan.

9.4 In cases where a part time employee does not access the classification of Senior Teacher, then there can

be no Employer requirement of expectation that task(s) consistent with the Senior Teacher provision will be performed.

10. PORTABILITY

10.1 Senior Teacher status is not portable from another College. 10.2 Teachers commencing employment at Blackheath and Thornburgh College, who are eligible for Senior

Teacher status, shall be eligible from the day of appointment to submit a Senior Teacher Action Plan. When appointed as a Senior Teacher, payment as a Senior Teacher shall be from the day of appointment as an employee provided that the Teacher provides an undertaking consistent with Clause 4 within one month of appointment as an employee.

10.3 The employer has an obligation to notify the employee upon their appointment if they are eligible to

apply for Senior Teacher. 10.4 On termination of employment an employee shall receive a Statement of Service which details Senior

Teacher status upon request of the teacher.

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11. TRANSITION ARRANGEMENTS

11.1 The AST1 provision shall cease on 30 June 1999 and no further applications shall be received after that date.

11.2 Teachers who hold AST1 status shall be eligible for appointment (upon application) as a Senior Teacher

and if appointed shall be paid as a Senior Teacher at the rate prescribed in the Wages Schedule (as contained in the Blackheath and Thornburgh College Association Enterprise Bargaining Certified Agreement 2000).

11.3 Those Teachers who hold AST1 status as at 30 June 1999 shall either:

(i) continue to hold AST1 status for the balance of their current tenure and be paid the AST1

allowance as per the attached Wages Schedule; or (ii) apply for Senior Teacher status consistent with the provisions outlined in Clause 4 of this

document.

11.4 AST1 Teachers whose tenure expires after 31 December 1998 and before 30 June 1999 shall have the AST1 tenure extended until 30 June 1999. The AST1 allowance shall continue to be paid, as per the attached Wages Schedule.

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ATTACHMENT A

SENIOR TEACHER ACTION PLAN

NAME:

DATE OF ELIGIBILITY:

I agree to undertake the following task(s) consistent with one or more of the skills areas identified and in accordance with Clauses 4 and 5 of the Senior Teacher Schedule 2:

Teacher’s Signature Date: / /

Principal’s Signature Date: / /

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SCHEDULE 3

School Officer Classification Structure

1. WAGE RELATIVITIES

Level Step Relativity

1 1 88

2 90

3 92

4 94

2 1 96

2 99

3 100

3 1 105

2 107

3 109

4 110

4 1 112

2 115

3 118

5 1 122

2 125

3 128

6 1 132

2 139

3 146

4 154

5 161

7 1 163

2 166

3 169

4 172

5 175

2. RECLASSIFICATION PROCESS FOR SCHOOL OFFICERS

2.1 A school officer may request a reclassification of their position. Such a request may be made either in relation

to the classification level of an existing position or where the classification level of the position has been changed. Except in exceptional circumstances no employee shall be permitted to seek a reclassification of their position on more than one occasion in a 12 month period.

2.2 The employee shall make any such Request for Reclassification, in writing, to the employer.

43

2.3 The employer shall consider the Request for Reclassification and notify the employee in writing of the decision regarding the employee’s request.

2.4 If after receiving the employer’s notification, the employee believes that their position has not been classified at

the correct level, the employee may apply for a review of that decision. In this case the employee shall make written application for a Review of Classification to the employer.

2.5 Where the employer receives a Review of Classification application, the employer shall advise the Queensland

Independent Education Union (QIEU) in writing that an application has been received. 2.6 A joint review of the classification by QIEU and the employer shall then take place. The persons representing

QIEU and the employer will, wherever practicable, have substantial experience in the classification of school officers. Further, wherever practicable, the person who made the original decision in relation to the classification will also be involved.

2.7 The joint review will seek to reach a consensus position. The school officer will be advised in writing of the

outcome of this review 2.8 If an agreed outcome cannot be reached between the employer and QIEU then the employee may refer the

matter to the Queensland Industrial Relations Commission in the terms of the Grievance Procedure. 2.9 The provisions of this clause 2.2 will be in addition to the provisions of clause 5.1.1 of the Award.

3. ALLOWANCES

3.1 A school officer who has been on Level 2 Step 3 for twelve months (or 1976 hours for other than full time employees), and who holds a Certificate Level (III) qualification (or higher) which is relevant to their work, will receive the Qualification Allowance identified in Schedule 1 Salary, Wages and Allowances.

3.2 A school officer will apply for the payment of the allowance prescribed in 3.1. Where the employee applies for

the Allowance within six (6) months of the qualification being obtained the Allowance will be paid as from the date that the qualification is obtained. In other circumstances the school officer will be paid the Allowance from the date of making the application.

44 1. CHARACTERISTICS AND QUALIFICATION

Competency of Employee

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

Competency at this level involves application of knowledge and skills to a range of tasks and roles

Competency at this level involves application of knowledge with depth in some areas and a broad range of skills

Competency at this level involves self directed application of knowledge with substantial depth in some areas

Competency at this level involves self directed development and application of professional knowledge with substantial depth in some areas

Competency at this level involves the use of initiative in self directed development and application of expert knowledge with extensive recognised expertise in some areas

There is a defined range of contexts where the choice of actions required is clear

There is a range of roles and tasks in a variety of contexts

There is a wide variety of tasks and roles in a variety of contexts.

A range of technical and/or other skills are applied to roles and functions in both varied and highly specific contexts.

A broad range of professional skills are applied to roles and functions in both varied and highly specific contexts.

A breadth and depth of professional skills are applied to roles and functions in both varied and highly specific contexts.

There is limited complexity of choice

There is some complexity in the extent and choice of actions required

There is complexity in the ranges and choice of actions required

A proportion of competencies involve complex, specialized or professional functions.

A high proportion of competencies involve significant scope and/or complex, specialized or professional functions.

Competencies are normally checked within well established routines, methods and procedures

Competencies are normally used within routines, methods and procedures

Competencies are normally used within a variety of routines, methods and procedures

Competencies are normally used independently and both routinely and non routinely.

Competencies are used independently and are substantially non-routine with initiative being exercised in the application of professional practices

Duties of an innovative and/or critical nature are undertaken without professional direction and initiative is exercised in the application of professional practices

Limited discretion and judgement about possible actions is involved

Some discretion and judgement are involved in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.

Discretion and judgement are required for self and/or others in planning, selection of equipment, work organisation, services actions and achieving outcomes within time constraints.

Discretion and judgement are required in planning and selecting appropriate equipment, service techniques and work organisation for self and/or others.

Significant discretion and judgement are required in planning, design, professional, technical or supervisory functions related to services, operations or processes for self and/or others.

Significant discretion and independent judgement are required within constraints set by management.

45

Supervision of Employees’ Work

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

Works under direct and/or routine supervision depending on function.

Works under limited supervision.

Work is carried out under general supervision.

Works under general supervision and/or broad guidance depending on function.

Works under broad guidance. Work is usually performed under general guidance with limited or no professional supervision.

Work is intermittently checked.

Work may be checked in relation to overall progress

Work is usually measured in terms of the achievement of stated objectives to agreed standards.

The general quality of work is monitored by school management and is subject to stated objectives and professional standards.

May take the form of general guidance where working in teams is involved.

May take the form of broad guidance.

Progress and outcomes sought are under general guidance.

May be less direct than at lower levels and usually be related to task methodology and work practices.

May involve detailed instructions in some situations;

May involve a level of autonomy when working in teams.

May involve a level of autonomy in accordance with a broad plan or budget strategy.

46 Supervision of Others

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

An employee at this level will have no supervisory responsibilities

Peer assistance may be provided to others.

The work of others may be supervised

An employee may have limited responsibility for guidance of the work of others

Responsibility for the work and organisation of others in limited areas.

Responsibility for the planning and management of the work of others may be involved

Responsibility for the supervision and monitoring of the work of others and of workflow in the area of responsibility may be involved.

Responsibility for the setting and achieving of objectives by a work section and its staff may be involved.

An experienced employee may assist others by providing peer support in the completion of routine tasks

Team co-ordination may be required

Teams may be guided or facilitated.

Leadership and development of teams and responsibility for outcomes may be required.

Training of subordinate staff may be required.

Supervision and training of lower level staff may be involved.

Responsibility for assessment, training and development and performance counselling of staff may be required.

Levels 1 to 7 Qualifications Matrix

Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Junior Certificate is the minimum formal qualification. No experience is required.

Junior Certificate is the minimum formal qualification. No experience is required.

Tertiary qualifications at Certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the employer as necessary to successfully carry out the duties of the position.

Tertiary qualifications at Certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the employer as necessary to successfully carry out the duties of the position.

Tertiary qualifications at Associate Diploma/Diploma level or equivalent qualifications relevant to the position may be required by the employer or knowledge, qualifications and experience that are determined by the employer as necessary to successfully carry out the duties of the position.

Relevant formal qualifications at degree level are required.

Formal qualifications at degree level are required, along with relevant post graduate qualifications or extensive and relevant experience as required by the employer to reflect higher levels of professional outcomes.

47

2. Typical Duties/Skills Employee Assisting Student Learning

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.1.1 Assist developmentally appropriate student learning, either individually or in groups, under the direct supervision of an academic staff member where limited discretion and judgement are involved.

2.1.2 Under direct supervision of a higher level officer or members of the academic staff prepare and clear away materials for display/use in classrooms or libraries.

2.1.3 Perform within well established routines tasks associated with the mass production of printed material including collating, stapling, binding, folding, cutting, etc

2.1.4 Under direct and /or routine supervision, perform tasks of limited complexity, associated with classroom learning experiences, such as assisting teachers in preparing, implementing and supervising learning programs.

2.1.5 Support students in relation to their physical needs.

3.1.1 Assist developmentally appropriate student learning, either individually or in groups, where some discretion and judgement are involved in evaluating and assessing (under the supervision of an academic staff member(s)) the learning needs of students.

3.1.2 Within routines, methods and procedures carry out liaison between the school, the student and the student’s family where some discretion and judgement are involved.

3.1.3 Support students in relation to their physical needs where some discretion and judgement are involved.

4.1.1 Assist developmentally appropriate student learning, either individually or in groups, under the general supervision of an academic staff member(s). Employees at this level are required to exercise discretion and judgement to modify education programmes to meet the learning needs of specific students.

4.1.2 Carry out liaison between the school, the student and the student’s family where discretion and judgement are required in relation to planning, actions and achieving outcomes.

4.1.3 Within a variety of routines, methods and procedures provide significant assistance in the enrolment, family liaison and placement of overseas students.

5.1.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member(s); providing pastoral ministry and support for students.

5.1.2 Under broad guidance, supervise the operations of the school’s processes and activities in relation to overseas students. This may include: enrolment; family liaison; and placement.

6.1.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree. This may include: the gathering, analysis and interpretation of data; or preparation of reports and the consequent giving of advice to other professional staff to assist student learning; or providing pastoral ministry; or providing counselling and/or guidance support for students.

6.1.2 Provide professional advice to staff and students in the officer’s area of expertise or qualification.

7.1.1 Undertake more complex professional activities involving the selection and application, based on professional judgement, of new and existing techniques and methodologies requiring the exercise of professional independence combined with competence derived from extensive experience and/or additional study.

7.1.2 Undertake supervisory responsibilities which may include on the job training, staff assessment and performance counselling in relation to staff in lower level positions.

7.1.3 Operate and be accountable for the quality of output of a section or function within the school.

48 Laboratory Employees

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.2.1 Provide science program assistance where limited discretion and judgement are involved

2.2.2 Maintain science equipment, materials and specimens not requiring a depth of knowledge or technical skills.

2.2.3 Under the direct supervision of an academic staff member(s) prepare and maintain laboratory teaching areas including routine setting up and dismantling of items of equipment for use in experimental, observational and teaching activities

2.2.4 Assist in the demonstration of experiments and scientific equipment under the direct supervision of an academic staff member(s).

3.2.1 Provide science program assistance where some discretion and judgement are involved.

3.2.2 Assist in the design/demonstration of experiments under supervision of an academic staff member(s) where some discretion and judgement are involved.

3.2.3 Under direction, prepare, maintain, organize, set-up and dismantle equipment and materials for routine experiments or student projects and dispose of waste materials.

3.2.4 Peer assistance and/or guidance may be provided for other assistants in a laboratory.

3.2.5 Under direction and within existing routines, methods and procedures, prepare, maintain and dispense stock solutions, simple chemical mixtures and compounds, cultures or similar materials.

4.2.1 Responsibility for and/or training of subordinate staff in limited areas may be required.

4.2.2 Design and demonstrate experiments, within a variety of routines and procedures, under the supervision of an academic staff members(s) where discretion and judgement are required.

4.2.3 Where there is complexity in the range and choice of action and discretion and judgement are required: prepare, maintain and dispense solutions, chemical mixtures, compounds and cultures; prepare, maintain, organise, set-up and dismantle equipment and material for experiments.

5.2.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: designing laboratory experiments; and appropriate responsibility for the application of workplace health and safety requirements in the laboratory

6.2.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree.

6.2.2 Operate (at a level consistent with the qualifications required) a laboratory. This may (or may not) include responsibility for the supervision, monitoring and training of staff in lower level positions.

6.2.3 Administer the allocation and monitoring of resources in the laboratory.

6.2.4 Support employees reporting to the position in policies to be followed, methods to be used and standards to be observed.

6.2.5 Provide professional advice to staff and students in the officer’s area of expertise.

6.2.6 Formulate procedural policy and guidelines in the employee’s area of responsibility; submit recommendations for

7.2.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree and post graduate qualifications and/or other professional development and/or industry experience. 7.2.2 Responsibility for the operation of a laboratory which provides complex and varied services. This may (or may not) include responsibility for the supervision, monitoring and training of professional staff and staff in lower level positions. 7.2.3 Manage the allocation and monitoring of resources in the laboratory. 7.2.4 Responsibility for direction and support of employees reporting to the position in policies to be followed, methods to be used and standards to be observed.

49 decision and prepare supporting statements as necessary.

7.2.5 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area. Formulate policies and provide specialist advice on policy development to senior management.

50

Administration Employees Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.3.1 Use keyboard skills to produce a document from written text using a standard format.

2.3.2 Receive and deal with enquiries within well established routines,, including the provision of general information and assistance to the public, parents, students and other employees.

2.3.3 Perform a range of general clerical duties at a basic level, for example, filing, handling mail, maintaining records.

3.3.1 Carry out a wide range of secretarial and clerical duties at an advanced level, including shorthand, typing, word processing and maintaining manual and computerized records.

3.3.2 Respond to enquiries from staff, students, parents and the general public and address issues in accordance with routines, methods and procedures.

3.3.3 Enter financial data into computer and prepare financial and management reports for review and authorization by senior management.

4.3.1 Provide administrative support to senior management of a school where discretion and judgement are required, including: taking minutes; shorthand; organizing appointments and diaries; initiating and handling correspondence (which may include confidential correspondence); monitoring telephone calls; and establishing and/or maintaining working filing systems.

4.3.2 Within a variety of routines, methods and procedures apply inventory and purchasing control procedures, prepare monthly summaries of debtors and creditors ledger transactions and reconcile these.

4.3.3 Apply knowledge of advanced functions of computer software packages and to manage data ie. modify fields of information, develop new databases or spreadsheet models; or graph previously prepared spreadsheets.

5.3.1 Provide executive support to senior management and associated committees concerning designated aspects of school management.

5.3.2 Direct and supervise the work of administrative/clerical and/or other staff.

5.3.3 Under broad guidance, supervise the operations of the school's office and other administrative activities, in the areas of enrolment, equipment and statistical staffing returns.

5.3.4 Under broad guidance, supervise the operations of the school’s processes and activities in relation to overseas students. This may include: enrolment; family liaison; and placement.

6.3.1 Operate and be responsible for an autonomous section and all its operations.

6.3.2 Provide professional advice to staff and students in the officer's area of expertise.

6.3.3 Monitor and analyse regular management information, such as staffing and financial resource usage; ensure that associated information systems are maintained and that regular reports are provided to management.

7.3.1 Supervise staff including implementation and participation in induction, training, review, counselling and appraisal

7.3.2 Manage the work of administrative officers and other staff, assigning and outlining the work, advising on administrative problems, and revising work for accuracy and adequacy.

7.3.3 Identify policies and procedures requiring review or re-development, and define relevant issues.

51 Administration Employees cont.. 2.3.4 Operate within well

established routines, office equipment, such as, computer, photocopier, facsimile, binding machine, guillotine, laminator, franking machine, calculators, switchboard, etc.

2.3.5 Under the direct supervision of the principal or nominee, contact parents, students and/or others in relation to school attendance and related matters.

2.3.6 Under the direct supervision of the principal or nominee assist with the arrangement of group meetings, morning teas, meetings of parents and external parties, parent/teacher nights etc.

2.3.7 Carry out minor cash transactions including receipting, balancing and banking.

3.3.4 Prepare and process payroll transactions within routines, methods and procedures.

3.3.5 Within routines, methods and procedures : provide administrative support to senior management; arrange appointments and diaries; and prepare correspondence.

3.3.6 Within routines, methods and procedures, prepare and dispatch statements to debtors and payments to creditors, follow up on unpaid accounts; prepare bank reconciliations and reconcile accounts to balance; maintain wage and salary records.

3.3.7 Maintain petty cash float and expenses for accounting purposes

4.3.4 From verbal or rough handwritten instructions; answer non-standard executive correspondence, prepare papers, briefing notes, or other written material.

4.3.5 Utilizing a variety of routines, methods and procedures, calculate and maintain wage and salary records; perform routine classification determinations; and process resignations, retirements and redundancies in accordance with relevant award entitlements.

4.3.6 Within a variety of routines, methods and procedures provide significant assistance in the preparation of: financial information to trial balance; budgets; cash flow records; balance sheets; trading accounts; cash management analysis; FBT and entity disclosure requirements. NOTE An employee is not required to perform all duties listed to satisfy this skill descriptor.

4.3.7 Train staff classified at lower levels by means of personal instruction and demonstration.

4.3.8 Within a variety of routines, methods and procedures provide significant assistance in the enrolment, family liaison and placement of overseas students.

5.3.5 Prepare the accounts of the school to operating statement stage and assist in the formulation of period and year-end entries.

5.3.6 Provide advice requiring knowledge of policies and / or the interpretation of rules or regulations within their area of operation. Assist in developing policy and procedures relating to their work area and identifying future trends.

5.3.7 Under broad guidance supervise the administration of specialized salary and payroll requirements, which may include: eligible termination payments, superannuation trust deed requirements, redundancy calculations or workers’ compensation claims.

5.3.8 Prepare for senior management financial reports relating to the employee’s area of responsibility.

6.3.4 Provide financial, policy, or planning advice which may include providing reports, statistical surveys and advice on regulations and procedures.

6.3.5 Monitor expenditure against a budget at a school level, draft financial forecasts / budgets at organizational level and / or prepare complex financial reports.

6.3.6 Administer programs with a range of tasks such as advice on financial implications, interpretation of information, assistance and advice concerning complex issues.

6.3.7 Prepare correspondence which is complex, original and which initiates or responds to new cases or situations.

7.3.4 Provide written reports to the school executive on complex matters, suggesting alternative courses of action and analysing the implications of each alternative.

7.3.5 Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or clients.

7.3.6 Be substantively involved in the construction of annual and forward planning school budgets

7.3.7 Manage the operations of a discrete organizational area, program or administrative function.

52 Administration Employees cont… 2.3.8 Monitor and maintain stock

levels of stationery/materials for office/department within established parameters including reordering.

2.3.9 Within well established routines, sort, prepare and record documents (e.g. invoices, cheques, correspondence) on a daily basis; file such documents in the appropriate system.

2.3.10 Within well established routines, receive and distribute incoming mail collect outgoing mail, maintain mail registers and records and collate and dispatch documents for bulk handling.

2.3.11 Perform, within well established routines, tasks associated with the mass production of printed material including collating, stapling, binding, folding, cutting, etc.

3.3.8 Assist in the preparation of internal and external publications.

3.3.9 Assist in the enrolment function including handling initial enquiries and arranging interviews.

3.3.10 Under supervision, prepare Government and Statutory Authority returns for authorization by senior management.

3.3.11 Use software application packages for personal computers to create database file structures; and spreadsheets/work sheets.

3.3.12 Under direction and within routines, methods and procedures: draft agenda for meetings; assemble supporting documents for informal meetings; take and produce minutes.

3.3.13 Draft and type routine correspondence from brief oral or written instructions. Respond to requests for information including drafting routine correspondence in reply.

5.3.9 Apply a knowledge of relevant industrial awards and agreements and occupational health and safety requirements. Provide general advice to staff in these areas.

5.3.10 Original writing of promotional and advertising material.

5.3.11 Coordination of, and participation in, marketing activities.

5.3.12 Design of promotional and marketing plans.

5.3.13 Responsibility for liaison with media.

6.3.8 Formulate procedural policy and guidelines in the employee’s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.

6.3.9 Direct and support employees reporting to the position in policies to be followed, methods to be used and standards to be observed.

6.3.10 Advise and assist in the preparation of the school budget.

6.3.11 Provide executive support to Principals and senior management.

6.3.12 Provide advice or make recommendations requiring detailed knowledge of policies, and/or the interpretation of rules or regulations within established guidelines, relating to a major function of the organizational work areas.

6.3.13 Supervise staff including participation in induction, training, review, counselling and appraisal and providing feedback on performance.

7.3.8 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area, formulate policies and provide specialist advice on policy formulation to senior management.

7.3.9 Undertake high level research, review or investigations including the preparation of reports and associated papers to provide advice to the school on the operational and/or future directions of the employee’s section and to contribute to the development of that section in the educational context of the school.

7.3.10 Prepare papers, investigate and present information with recommendations for decision by senior officers.

53 3.3.14 Maintain established central

filing / records systems in accordance with routines, methods and procedures. This would include: creating and indexing new files, retrieving records; distributing files within the school as requested, monitoring file locations and identifying and processing inactive and closed files.

3.3.15 Maintain a store through such duties as participation in ordering and issue of expendable stores, recording of stock levels, maintaining records of equipment distribution, delivery dockets, invoices and payment vouchers and responsibility for keys.

3.3.16 Make and record appointments on behalf of another and, where necessary, resolve involved appointment scheduling problems.

3.3.17 Make travel and accommodation bookings in line with a given itinerary.

3.3.18 Within routines, methods and procedures carry out liaison between the school, the student and the student’s family where some discretion and judgement are involved.

6.3.14 Develop systems and procedures for implementation in accordance with school policy.

6.3.15 Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or clients.

6.3.16 Original writing of promotional and advertising material requiring significant discretion and judgement concerning content and design.

6.3.17 Management of, and participation in, marketing activities.

6.3.18 Design of promotional and marketing plans requiring initiative in the application of professional practices.

6.3.19 Responsibility for representing the school in the media.

54 Information Services and Resource Employees

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 2.4.1 Process basic transactions such as issues

and returns, produce overdue lists, entry of orders in a computerised system, perform stock takes, entering of accession information into computer.

2.4.2 Operate and demonstrate the use of audio-visual equipment where there is limited complexity.

2.4.3 Maintain a booking system for equipment use and for the organisation of repairs and replacement of equipment.

2.4.4 Within well-established routines, methods and procedures, record audio/video programs and maintain a catalogue system of such recordings.

2.4.5 Perform a range of general duties at a basic level, for example, minor book repairs, photocopying and shelving.

2.4.6 Receive and deal with initial requests for information from library clients.

2.4.7 Under the direct supervision of an academic staff member(s), assist in the demonstration of routine library operations and procedures.

2.4.8 Under the direct supervision of an academic staff member(s), assist in the supervision of students in the library.

2.4.9 Under direct supervision of a higher level officer or members of the academic staff prepare and clear away materials for display/use in classrooms or libraries.)

3.4.1 Search and verify bibliographical data where some discretion and judgement are involved.

3.4.2 Copy catalogue books, magazines, journals and recorded material where some discretion and judgement are involved.

3.4.3 Maintain circulation systems where some discretion and judgement are involved.

3.4.4 Respond to enquiries from staff, students, parents and the general public and address issues in accordance with routines, methods and procedures.

3.4.5 Assist in the demonstration of complex audio visual or computer equipment under supervision of academic staff member(s) where some discretion and judgement are involved.

4.4.1 Responsibility for and/or training of subordinate staff in limited areas may be required

4.4.2 Within a variety of routines and procedures and with a depth of knowledge in some areas: demonstrate to staff and students the use of complex audio visual or computer equipment; or monitor performance of and carry out repairs to specialised equipment.

5.4.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: independent and original cataloguing and classification following precedents and standards; monitoring the performance of, and carrying out repairs to, specialised equipment; and developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member(s).

6.4.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree.

6.4.2 Operate (at a level consistent with the qualifications required) a library/resource centre. This may (or may not) include responsibility for the supervision, monitoring and training of staff in lower level positions.

6.4.3 Administer the allocation and monitoring of resources in the library/resource centre.

6.4.4 Support employees reporting to the position in policies to be followed, methods to be used and standards to be observed.

6.4.5 Provide professional advice to staff and students in the officer’s area of expertise.

7.4.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree and post graduate qualifications and/or other professional development and/or industry experience. 7.4.2 Responsibility for the operation of a library/resource centre which provides complex and varied services. This may (or may not) include responsibility for the supervision, monitoring and training of professional staff and staff in lower level positions. 7.4.3 Manage the allocation and monitoring of resources in the library/resource centre. 7.4.4 Responsibility for direction and support of employees reporting to the position in policies to be followed, methods to be used and standards to be observed. 7.4.5 Provide subject matter expertise and/or policy advice across a range of programs or

55

6.4.6 Formulate procedural policy and guidelines in the employee’s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.

activities undertaken by the organizational area, formulate policies and provide specialist advice on policy formulation to senior management.

56

Computer/ICT Employees Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.5.1 Use keyboard skills to produce a document from written text using a standard format.

2.5.2 Operate within well established routines, office equipment, such as, computer, photocopier, facsimile, binding machine, guillotine, laminator, franking machine, calculators, switchboard, etc.

3.5.1 Use software application packages for personal computers to create database file structures; and spreadsheets/work sheets.

4.5.1 Within a variety of routines, methods and procedures, maintain the hardware and software components of a computer network and provide user support.

4.5.2 Responsibility for and/or training of subordinate staff in limited areas may be required.

5.5.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: Assisting with systems analysis and design in relation to the development and maintenance of computer systems; and assisting with application programming (eg modification of package systems; and investigation of malfunctions in operational programs).

6.5.1 Operate and be responsible for the computing section of the school and all its operations.

6.5.2 Perform non-routine professional tasks governed by procedures or guidelines. Within such constraints the employee is responsible for the independent performance of such functions.

6.5.3 Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or management in the computing area.

6.5.4 Be responsible for the development of software, hardware or applications systems based on the use of current computer techniques.

6.5.5 Be responsible for the development of computer systems, and recommend changes and improvements in systems where appropriate.

6.5.6 Undertake maintenance programming tasks, including investigation and design requirements necessary to implement changes to existing systems.

6.5.7 Provide advice to the senior executive of the school on the operations/future directions of the section by utilising acquired knowledge and experience.

7.5.1 Operate and be responsible for the computing section which provides complex and varied services to the school community including being responsible for the supervision, monitoring and development of other staff reporting to the position.

7.5.2 Research and examine likely long-term requirements for computer systems, suggest alternative plans and strategies and report on their feasibility.

7.5.3 Consult with departmental computer users to understand and meet the needs of the department and resolve problems concerning systems.

7.5.4 Investigate and design the implementation of computer systems to meet specific needs of work areas.

57 Computer/ICT Employees cont… 6.5.8 Carry out a range of tasks necessary to

support and develop systems software or other support processes

7.5.5 Carry out a range of complex and varied tasks requiring the selection and application of new and existing techniques and methodologies necessary to support and develop systems software or other support processes.

7.5.6 Develop and present appropriate computer training courses.

58

SCHEDULE 4

Paid Maternity Leave Administrative Guidelines 1. PAID MATERNITY LEAVE

1.1 Female employees shall be entitled to six weeks paid maternity leave in accordance with the provisions of this clause as from 1 July 2000.

2. INTERACTION WITH THE FAMILY LEAVE AWARD

2.1 The provisions of the Family Leave Award – State apply to employees covered by this Agreement. 2.2 The period of paid leave shall be deemed to be the first six weeks of the leave taken by the employee,

provided that the period of paid leave will not include any school vacation time. 3. ELIGIBILITY FOR PAID LEAVE

3.1 Employees who have at least one year’s continuous service with the employer shall be entitled to paid

maternity leave. 3.2 Fixed period employees who are eligible for maternity leave will be entitled to either six weeks paid

maternity leave or, in the case where the remainder of the contract is less than six weeks, payment until the expiration of the contract;

3.3 Where the contract period of a fixed period employee ends during the period of maternity leave, that

employee will not be entitled to have this contract period extended, nor will she be guaranteed a position to return to following the completion of maternity leave;

3.4 Where an employee is on maternity leave and successfully applies for a subsequent period of maternity

leave, that employee will be entitled to a further six weeks paid maternity leave payable from the date of confinement of the subsequent child.

3.5 Where an employee is on an extended period of leave without pay, and that employee becomes pregnant,

no entitlement to paid maternity leave would accrue.

4. PAYMENT FOR LEAVE 4.1 The employee shall receive payment based on her normal average weekly earnings for the six weeks

immediately preceding the date upon which she proceeds on leave; 4.2 The employee may request, and the employer may agree, that the payment for the period of paid

maternity leave will be made at the time of commencing such leave. Where agreement is not reached, the employee shall be paid in accordance with the normal fortnightly pay cycle.

4.3

(a) Where an employee has received payment in advance for the period of paid maternity leave at the time of commencing leave and the pregnancy subsequently results in a miscarriage or stillbirth, the employee shall be entitled to retain such payment, subject to the employee remaining on leave for a minimum of six weeks;

(b) Where an employee is paid in accordance with the normal fortnightly pay cycle and the

pregnancy subsequently results in a miscarriage or a still birth, the employee shall be entitled to remain on paid maternity leave for the six week period;

4.4 Paid maternity leave will be taken as one period and cannot be broken into smaller periods of leave.

59 5. PAID MATERNITY LEAVE AND OTHER ENTITLEMENTS

5.1 The period of paid maternity leave shall count as service for all purposes; 5.2 The period of paid maternity leave shall be exclusive of school vacation periods. For example, where a

period of paid maternity leave coincides with a paid school vacation period the employee is entitled to be paid for the vacation period and the maternity leave. However, where the paid maternity leave actually taken is less than six weeks, the employee shall only be entitled to be paid for the leave taken.

5.3 The period of paid maternity leave shall be inclusive of Statutory Holidays that may fall within the

period; 5.4 In accordance with the Family Leave Award – State, provided that the aggregate of leave does not exceed

52 weeks, an employee may, in lieu of or in conjunction with maternity leave, take other forms of leave including long service leave which has fallen due, annual leave (if applicable) or paid school vacation periods (if applicable). The period of paid maternity leave shall form part of the aggregate of 52 weeks.

5.5 Except as provided by the Family Leave Award – State, paid sick leave or other paid authorised Award

absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on paid maternity leave.

60

SCHEDULE 5

Formal Review for Unsatisfactory Work Performance

Preamble A formal review for unsatisfactory performance serves two purposes. Most importantly, it provides a process for genuinely helping the employee improve their conduct, or performance to a satisfactory level. It also ensures compliance with legal requirements relating to due process and documentation. When an employee's conduct, or performance is unsatisfactory or deficient, the following steps shall be undertaken by the employer. This formal review will take place following an evaluation of the perceived unsatisfactory performance and where appropriate, the provision of professional development to address any identified need(s). 1. Investigation

A proper investigation of the circumstances should be carried out. It is insufficient merely to rely on the fact that allegations have been made. An investigation must include the following: (a) the teacher is informed that a complaint relating to conduct, capacity or performance has been lodged and the

nature of the complain that has been made; (b) all relevant documentation is thoroughly investigated for accuracy and authenticity; (c) if appropriate, persons who may have (or should have) knowledge of the employee’s performance may be

interviewed, including parents and students if they are the source of complaint. The investigation must be carried out promptly. Investigations that prove groundless should be noted in the employee’s file, and the employee should be notified accordingly.

2. Interview

If, after an appropriate investigation has been carried out, the employer is satisfied that there is substance to the allegation of unsatisfactory performance and wishes to investigate it further, an interview should be arranged with the employee concerned as soon as practicable. Copies of the documentation relevant to the allegation will be provided to the employee at the time of notification of the interview. The employee shall be notified of the interview at least three (3) working days prior and such notifications shall be confirmed in writing. The notification should include : (a) the time and place of the interview; (b) the general nature of the matters to be discussed; (c) the employee's right to have a person of their choice (including a Union representative) present; (d) the names of the persons who will be in attendance. In arranging an interview, it is the employer's responsibility to cater for any of the employee's "special circumstances". This may include assessment of language skills (need for an interpreter), health and family issues. At the interview : (a) the employer should have its own witness present; (b) notes of the meeting should be taken; (c) details of the deficient or unsatisfactory performance should be provided to the employee. This should be in

sufficient detail to enable the employee to respond and address the issues raised adequately; (d) the employee should be given the opportunity to respond to the allegations and to raise any other matters which

the employee considers to be relevant. If the employee wants time to consider the matters raised, it should be allowed, but it should be limited to five working days.

61 3. Outcome of Interview

If, having regard to all matters raised at the interview and to the employee's response, the employer considers that no action is required, the employee should be advised in writing accordingly. Should action be deemed necessary, the employee will be advised in person with written confirmation, including : (a) that the employer has considered all matters raised at the interview, including the employee's response; (b) that the employer believes that the employee's performance is deficient; (c) details of the deficiencies; (d) the standards which need to be met and the agreed time within which that must be achieved; (e) an agreed review date in respect of the employee's performance against those standards. (The employer may

wish to confirm that the employee will be subject to ongoing review, if that is to be the case, but that further discussion will need to take place on the first review date);

(f) the potential consequences of failing to achieve the standards within the time frame, including the ultimate possibility of termination of employment;

(g) the name of a nominated contact within the organisation (e.g. the employee's supervisor or a negotiated mentor) with whom the employee can discuss any matters which are unclear or from whom any assistance may be gained;

(h) details of counselling, professional development and other support (where applicable) provided to the employee; (i) that the employee was given an opportunity to be represented at the meeting; and (j) that the employee was given an opportunity to respond to the matters raised at the meeting.

4. Review The review should occur whether or not the employee's performance has improved. If the employee's performance has improved, the employee shall be informed of this in writing and the process will be deemed to have concluded. If the employee's performance has not sufficiently improved, the investigation, interview and review process should be repeated. If the second review finds the employee's performance is still unacceptable the employer may choose to: (a) continue with disciplinary action/counselling in accordance with the four stage process outlined above; or (b) find an alternative arrangement in the organisation (e.g. change of duties or position location) if in all the

circumstances, dismissal is the only other option; or (c) dismiss the employee if in all the circumstances termination would not be harsh, unjust or unreasonable and

where (a) and (b) are not justifiable alternatives. The employer should notify the employee in the following manner of their dismissal:

• the employee should be informed by the employer of the reason for their dismissal and the employee

should be allowed to respond to the allegations; • the employer should provide the employee with written notice in accordance with the relevant State and

Commonwealth statutory requirements. The minimum period of notice depends on the employee's length of service and their age. Payment may be made in lieu of notice;

• the employer should ensure the process of formal review of unsatisfactory performance has been followed and that each stage has been fully documented.

Summary Dismissal Summary Dismissal is a serious and decisive action and is therefore only warranted in a situation where the employee's conduct is of such a kind that it would be unreasonable to require the employer to continue the employment during the period of notice. Therefore, this is a decision of last resort. In cases of serious misconduct, an employee may be dismissed, provided: • the incident/s or behaviour have been thoroughly investigated.

(During the investigation process, the employer may choose to suspend the employee on full pay if it is deemed to be appropriate);

• the employee has been allowed to respond to the allegations in an interview; and • the employer considers all information received and conveys the decision both verbally and in writing.

62

SCHEDULE 6

Ancillary and Residential Staff - Conditions 1. New Classification Structure

(a) On 1 February 2001, a new classification structure for Ancillary Staff and Residential House Supervisors

will apply. This new structure will convert existing staff classifications to either Ancillary Team Member 1, Ancillary Team Member 2 or Ancillary Team Member 3.

(b) The increase in fortnightly wage rates applicable beyond Enterprise Bargaining percentage increases is

made in recognition of both skills and flexibility. 2. Position Descriptions

(a) Position descriptions for all Ancillary Team Members will be prepared before the new classification

structure is adopted on 1 February 2001. 3. Wage increases resulting from new Classification Structure

(a) Due to the significant financial impact on the College, wage increases resulting from the new

classification structure will be paid in two equal installments on both 1 February 2001 and 1 February 2002.

(b) Wage increases paid due to this structural adjustment are made in addition to the other negotiated

Enterprise Bargaining Agreement wage increases payable to all staff. 4. Allowances

(a) Fortnightly wage rates payable under the new classification structure effective 1 February 2001 are

inclusive of all allowances, with the exception of a tool allowance and bus drivers’ allowance. 4.1 Bus Allowance

The bus driver on booked travel with student passengers is entitled to an allowance of $4 for journeys less than 4 hours in total and is entitled to a allowance of $12 for journeys of more than 4 hours. Bus Allowance is payable upon presentation of the log book for verification.

In addition, an overtime meal allowance is payable if the bus driver is away from the College after 8 hours work. However, a deduction of $1.75 from the overtime meal allowance is made if food supplied by the College is consumed.

No bus allowance will be payable for trips within 20 kms of the College.

4.2 Tool Allowance

Tool allowances are paid as a fringe benefit on a quarterly basis. As an otherwise deductible item, no fringe benefit tax will normally be payable.

5. Flexibility and Job Rotation

(a) Ancillary Team Members will be flexible in work performed throughout the College, appropriate to their new classification level and the operational needs of the College.

Notwithstanding the above, Ancillary Team Members each have a designated primary function within a specific work area. Staff members will only be asked to perform work in a different area where a pressing operational need arises and following consultation wherever possible.

Tasks completed will be reasonably within the individual staff member’s training and skills. Ancillary Team Members may alert the employer if requested to conduct any duty outside their training or competency.

63 (b) Where staff members apply for a second and separate employment engagement at the College, hours

worked in this second and separate employment contract shall not be paid at the overtime rate. Any such employment arrangement is only made at the instigation of individual employees. The College does not require this arrangement of any employee

For example, a teacher aide who is also employed as a kitchenhand outside school hours in an equivalent manner to a second job would not be paid overtime rates through the fact of their duty at the College throughout the day.

6. Residential Supervisors

(a) Residential Supervisors are not included in job rotation arrangements detailed above. Their skills are to

be utilised in the supervision of students. 7. Work Rosters

(a) The span of hours of catering staff may be rostered over weekends and public holidays. The length of a

rostered shift will not normally be more than 10 hours daily, except in emergent circumstances such as staff absences on leave or training.

(b) The College administration may alter the work roster of an employee with two weeks written notice.

Where possible, agreement should be reached and appropriate consideration of employees’ family responsibilities should be afforded.

8. Overtime and Penalty Rates

(a) Residential Supervisors are not eligible for penalty rates. (b) All time worked by Ancillary Team Members (except Residential Supervisors) on public holidays is paid

at the rate of double time and a half. (c) Ancillary Team Members rostered on the weekend will receive penalty rates at time and a half. (d) In emergent circumstances where staff are requested to work outside their normal rostered hours, a two

hour call out penalty, normal time and the equivalent time off in lieu will be scheduled within the following two weeks. No other penalty rate will be offered when called in outside normal rostered work hours.

(e) If accrued time off in lieu is not taken by an employee within six months, then payment for time worked

will be made in accordance with the relevant Award. All other authorised overtime will be paid in accordance with the relevant Award.

9. Rostered Days Off

(a) RDOs from one school year must be taken before 31 January the following year, or the entitlement will

be paid.

64 SCHEDULE 7

Positions of Added Responsibility Structure

Annual PAR Allowance

Title General descriptors for determining the allocation of PAR level

Teaching load 1 July 2002

3.5% 1 January

2004

3.5% 1 January

2005

3.8% 1 January

2006

PAR 1

Head of Subject Area, Primary Co-ordinator, liaise with other teachers who teach in subject area, teaching load between 24 and 28 periods, significant mentoring role.

100% $5,741.20 $5,942.10 $6,150.00 $6,383.70

PAR 2

EITHER: Head of Subject Area, responsible for curriculum and reporting of at least one other teacher in subject area, between 18 and 24 periods per week, significant other duties outside of teaching OR: Responsible for Day Students or Sports Co-ordinator, teaching load above 20 periods per week; ALL: significant mentoring role.

60% $5,842.10 $6,046.60 $6,258.20 $6,496.00

PAR 3

Head of Residential (Boys or Girls), teaching load above 20 periods per week, significant extracurricular involvement, minimum 20 hours per week residential duties, on call 24 hrs, 7 days during term time.

70% $8,813.00 $9,121.50 $9,440.80 $9,799

PAR 4 Head of Studies, 18 periods per week teaching load, QSA, relief, scheduling, mentoring role, professional staff development role.

60% $8,838.20 $9,147.50 $9,467.70 $9,827.50

65 Positions of Added Responsibility Structure

(Continued)

1. Position Descriptions The parties are committed to developing PAR position descriptions with affected staff not later than the end of Semester 1 in 2005. It is acknowledged that the purpose of collaboratively developing PAR position descriptions is to describe realistic work expectations for each role, to be used as a basis for the reconsideration of current time release provisions. Consultation on the development of appropriate PAR position descriptions is to take into account the following issues where appropriate: • clarification of current positions • acknowledgment of current flexibility in positions of all employees • clarification of atypical duties of all employees.

2. Review of Time Release Allocations Following the collaborative development of appropriate duty statements for each PAR position, joint consideration of appropriate levels of time release for various PAR levels will occur in consultation between the Parties not later than the end of Semester 2 in 2005.

3. Professional Development and Training The parties are committed to further enhancing the professional skills of PARs through the provision of professional development and training, within the College’s resource capacity. This is particularly important in the event of change to PAR areas of responsibility.

4. Consultation Where a change to the role of PAR positions is under consideration by the College, timely consultation and effective communication should occur with all Parties in order to identify and resolve any concerns prior to implementation and to collaboratively consider strategies that might mitigate any potentially negative effects of the change on employees.

66

SCHEDULE 8

Workplace Harassment Prevention Policy and Procedure 1. DEFINITION OF WORKPLACE HARASSMENT

(1) A person is subjected to ‘workplace harassment’ if the person is subjected to repeated behaviour, other than

behaviour amounting to sexual harassment, by a person, including the person’s employer or a co-worker or group of co-workers of the person that – (a) is unwelcome and unsolicited; and (b) the person considers to be offensive, intimidating, humiliating or threatening; and (c) a reasonable person would consider to be offensive, humiliating or intimidating.

(2) ‘Workplace harassment’ does not include reasonable management action taken in a reasonable way by the

person’s employer in connection with the person’s employment. (3) In this section—‘sexual harassment’ see the Anti-Discrimination Act 1991, section 119. Workplace harassment includes behaviour that intimidates, offends, degrades or humiliates a worker. This may or may not be in front of co-workers, students, parents or others. Detailed below are examples of behaviours that may be regarded as workplace harassment, if the behaviour is repeated or occurs as part of a pattern of behaviour. This is not an exhaustive list – however, it does outline some of the more common types of harassing behaviours. Examples include: • abusing a person loudly, usually when others are present;

• repeated threats of dismissal or other severe punishment for no reason;

• constant ridicule and being put down;

• leaving offensive messages on email or the telephone;

• sabotaging a person’s work, for example, by deliberately withholding or supplying incorrect information, hiding documents or equipment, not passing on messages and getting a person into trouble in other ways;

• setting an unreasonable amount of work to be completed within paid hours, unnecessary pressure or impossible deadlines;

• pressuring people to work extra, unpaid hours;

• setting meaningless tasks for completion;

• maliciously excluding and isolating a person from workplace activities;

• persistent and unjustified criticisms, often about petty, irrelevant or insignificant matters;

• humiliating a person through gestures, sarcasm, criticism and insults, often in front of customers, management or other workers;

• spreading gossip or false, malicious rumours about a person with an intent to cause the person harm. 2. ACTIONS THAT ARE NOT WORKPLACE HARASSMENT

The reasonable exercise of management responsibility for the accountability and performance of staff is not workplace harassment when it is done fairly, respectfully and transparently.

67 3. EFFECTS OF WORKPLACE HARASSMENT ON STAFF AND THE COLLEGE

Workplace harassment can create a hostile work environment, diminished staff morale, diminished work performance, increased illness and absenteeism, industrial problems and the risk of adverse effects on the College’s reputation through negative publicity in the event of litigation. By preventing each individual from making a full contribution to the life of the College it detracts from the quality of decision making and staff ownership of decisions.

4. WORKPLACE STRATEGIES TO ELIMINATE WORKPLACE HARASSMENT

Blackheath and Thornburgh College will take the following actions to prevent and control exposure to the risk of workplace harassment:

• display this policy statement in a prominent place in the College;

• designate a contact person to be a point of contact for staff complaints. These people will be trained in dealing with such issues and given time release to deal with any emergent issues as and when required;

• inservice all employees at least once per year on the policy and procedures in relation to what is expected of staff in terms of appropriate behaviour and what steps are to be taken if a complaint is made;

• introduce a complaint handling system and inform all staff on how to make a complaint, the support systems available, options for resolving grievances and the appeals process;

• review and monitor the workplace harassment prevention policy, complaint handling system and training. 5. RESPONSIBILITIES OF COLLEGE EMPLOYEES AND MANAGEMENT

Although workplace harassment can be done by a manager or by fellow employees or parents or students, it is the employer’s responsibility to provide a work environment where people feel free of any form of workplace harassment. While the occurrence of workplace harassment contravenes legal obligations and best management practice, it is also contrary to the ethos of the College which values the dignity and contribution of each individual. Blackheath and Thornburgh College requires all workers to behave responsibly by complying with this policy, to not tolerate unacceptable behaviour, to maintain privacy during investigations and to immediately report incidents of workplace harassment to the designated contact person. College management must also ensure that staff are not exposed to workplace harassment. Management are required to personally demonstrate appropriate behaviour, promote the workplace harassment prevention policy, treat complaints seriously and ensure where a person lodges or is witness to a complaint, that this person is not victimised.

6. WHAT TO DO IF YOU ARE HARASSED AT WORK

In the event of an incident of harassment the person allegedly harassed may: (a) attempt to resolve the matter with the harasser by informing that person, either verbally or in writing, that the

behaviour is unacceptable and should stop immediately. Where a verbal approach is adopted a diary note should be made recording the attempted resolution; or

(b) in the case of a member of a Union, contact a Union official; or (c) a report may be made to the Principal or the designated contact person. The procedure outlined in Section 8 would then be followed. Pastoral support or professional counselling for any staff members involved in workplace harassment may be offered by the Principal, as necessary. (i) External options for resolution of complaint

At any time, the complainant may choose to access legal or industrial procedures, including: (a) where the harassment involves acts of discrimination or sexual harassment lodge a complaint under

the Queensland Anti-Discrimination Act 1991, or other legislation relating to equality of opportunity;

68 (b) lodge a complaint under the Workplace Health and Safety Act 1995; (c) seek such other legal remedy as may be appropriate.

7. COMMITMENT TO PROPERLY INVESTIGATE COMPLAINTS

Blackheath and Thornburgh College has a complaint handling system which includes procedures for reporting, investigating and resolving workplace harassment complaints. Any reports of workplace harassment will be treated seriously and investigated promptly, fairly and impartially. A person making a complaint and/or who is a witness to workplace harassment will not be victimised.

8. COMPLAINT HANDLING PROCEDURE

Procedures to deal with workplace harassment aim to ensure: • the behaviour stops • that there are not reprisals for having made the complaint • where disadvantage has occurred, that the situation is redressed as far as possible to the complainant’s satisfaction.

The guiding principles behind such aims are: • the right of the accused to be fully informed from the outset of the allegations • the right of all individuals to be treated with respect • observance of natural justice • observance of confidentiality • acceptance of the legitimacy of the complainant’s feelings • support and protection for all parties concerned, notwithstanding that disciplinary action may be appropriate where

serious or malicious harassment has occurred • preservation of a non-judgemental and non-adversarial approach by those persons acting as mediators Due to the emotive nature of grievances arising out of harassment, the standard Enterprise Bargaining clause regarding Procedures for Preventing and Settling Disputes shall not be used in instances of harassment. The complaint handling procedure must be undertaken with discretion so as to protect the reputation of the person being investigated, as all allegations of harassment may not be true. The procedure must include facility for the impartial investigation of all complaints of harassment and an opportunity for the alleged perpetrator to respond to ensure principles of natural justice are upheld. The procedure should include when, how and who will conduct the investigation, the rights of both the alleged perpetrator and target to representation at the meeting and the need for each party to receive a report on the outcome of the meeting. The process for a fair investigation, interview, meeting outcome and review shall be in accordance with that described at Schedule 5 of this Agreement.

9. CONSEQUENCES OF BREACH OF POLICY

Disciplinary action will be taken against a person who harasses a staff member or who victimises a person who has made or is a witness to a complaint. Complaints of alleged workplace harassment found to be malicious, frivolous or vexatious may make the complainant liable for disciplinary action.

10. REVIEW OF POLICY

This policy and the actions outlined above will be reviewed during the life of the Agreement, unless required earlier because of changes to the risk profile of the workplace or relevant legislation. If necessary, further changes and actions may be introduced to by mutual agreement between the parties to this Agreement to ensure that workplace harassment is prevented and controlled.

69

SCHEDULE 9

Locality Allowance for Teachers 1. CRITERIA

The locality allowance benefit paid to teachers varies according to: teachers without dependants teachers with dependent spouse (or housekeeper) number of dependent children and full-time students living at home

For the purposes of this Schedule, “dependent” is defined as someone living at home, who does not earn a taxable income and who is supported by the teacher income earner. All full-time, part-time and fixed term teaching staff must complete an Application Form, which is to be provided by the employer at the commencement of each school year. The application form enables the correct category of payment to be identified and paid.

2. PART-TIME AND FIXED TERM TEACHERS

Part time teachers shall receive the appropriate level of locality allowance on a pro rata basis. Fixed term teachers shall receive the appropriate level of locality allowance for the whole number of weeks paid time, on a pro rata basis as necessary.

3. TEACHERS ON LEAVE

Locality allowance will apply to teachers absent on authorised paid leave, such as sick leave, long service leave and paid maternity leave. No benefits shall be received by teachers on leave without pay. Locality allowance continues to be paid during paid school vacation time.

LOCALITY ALLOWANCE RATES - 2004

TEACHERS WITHOUT

DEPENDANTS includes dual income

families

TEACHERS WITH DEPENDENT SPOUSE OR HOUSEKEEPER i.e. only single income

families

ALLOWANCES FOR EACH DEPENDENT

CHILD & FULL-TIME STUDENT LIVING AT

HOME

GROUP SECTION A per fortnight

$

SECTION B per fortnight

$

SECTION C per fortnight

$ 1 10.30 20.20 5.00

The payments identified above will be reviewed each year and adjusted in accordance with CPI increases.

70

Application Form

Locality Allowance – Teachers

Mr / Mrs / Ms Surname First Name Address Flat/Unit

No Street No Street Town Post Code

ELIGIBILITY STATUS BY HOUSEHOLD INCOME FORTNIGHTLY ENTITLEMENT

DUAL INCOME FAMILY tick box Section

A Teacher without dependents If you have no dependents state amount of fortnightly rate listed under Section ‘A’ in the Schedule

= $ ____________

SINGLE INCOME FAMILY Section B Dependent spouse/ housekeeper

If you have a dependent spouse state amount of fortnightly rate listed under Section ‘B’ in the Schedule

= $ ____________

COMPLETE SECTION ‘C’ FOR DEPENDENT CHILDREN ONLY IF ELIGIBLE FOR SECTION ‘B’

NAME OF DEPENDENT CHILDREN Include FULL TIME STUDENTS BETWEEN THE AGES OF 16 & 25

Section C

IS CHILD A STUDENT? / / YES NO (Christian Names) (Date of Birth) / / YES NO (Christian Names) (Date of Birth) / / YES NO (Christian Names) (Date of Birth) / / YES NO (Christian Names) (Date of Birth)

MULTIPLY THE NUMBER OF DEPENDENT CHILDREN, INCLUDING STUDENT CHILDREN BETWEEN THE AGES OF 16 AND 25 BY THE AMOUNT OF THE FORTNIGHTLY ALLOWANCE FOR EACH CHILD/STUDENT LISTED IN SCHEDULE

= $ ____________

FORTNIGHTLY ALLOWANCES TOTAL = $ ____________

N.B. should the circumstances change in respect of the dependency of either your spouse or children, the Business Manager should be notified immediately.

DECLARATION I, hereby declare that the particulars in this application are true and correct in every detail. Signature of Applicant Date

Details checked by Business Manager

Application Approved Date Processed (Computer)

71

SCHEDULE 10

Administration of Medication to Students Blackheath and Thornburgh College acknowledge the need to balance the requirements of students to receive medication and the important of appropriate protocols to administer medication. The following guidelines shall be adopted by Blackheath and Thornburgh College and promulgated to employees in the College. 1. Formal Request

(a) It is the responsibility of the College to request that parents / legal guardians provide all relevant details of medication and/or medical requirements at the point of enrolment. This information must include a signed “authorisation form” by the parent/guardian to enable any necessary medication or treatment to be administered by the College Nurses where appropriate. This information is to be updated by the College annually, or more frequently if necessary, in order to assist College Nurses to apply their professional judgement in matters relating to the health needs of the students.

To protect the legal liability of the College and staff, a written request for the administration of medication must be made by the parent/legal guardian to the Principal of the College. This written request must be held and kept with either the Principal or College Nurse.

The College Nurse, teacher or other adult person on the College staff, authorised by the Principal to give medication to a student, may accept responsibility to give medication to a student while at a College or while involved in College approved activities, following such written request from a parent/legal guardian.

(b) It is the responsibility of the parents/legal guardian to ensure that all relevant medical information that pertains to the care of

the student is provided in writing to the College by the treating medical officer of the student. Such information should provide confidential details of the medical condition, the treatment required, and the prescribed medication and any other specific medical needs of the student.

(c) Where the College Nurse, teacher or other adult person on the College staff is authorised in writing by the Principal to assist

a student to take prescribed medication only, the medication must be contained in the dispensed container and taken in accordance with the pharmacist’s instructions on the dispensed container. The College Nurse, teacher or other authorised person should not accept the instructions solely of the parent/legal guardian. Such instructions should state specific times to be taken, dose and the method by which the medication should be taken.

Once a student has taken their prescribed medication, this should be recorded and reported to the College Nurse, who should then record the details in the student’s medical file.

(d) At all times, medication must be kept in a secure place and remain in the dispensed container from the Pharmacy. Parents and students are to be advised that no medications are to be stored in the students’ residence.

(e) Schedule 8 medication (eg Dexamphetamine, Ritalin) is to be stored in a locked cupboard in the Health Centre and

administered only by the College Nurse. Students must be observed to swallow Schedule 8 medication. 2. Oral Medication

The College Nurse, teacher or other person authorised to give medication to a student, may give oral medication, provided it is given strictly in accordance with instructions written on the original medication container by the pharmacist at the medical practitioner’s direction and is requested by a parent/legal guardian in writing. Non-prescribed oral medications (such as analgesics and over-the-counter medications) should not be administered by teachers or other persons on the College staff. If administered at all, such medication is given under the supervision of the College Nurse.

3. Residential Students

(a) Junior College residents are to attend the clinic to take their medication under the direction of the College Nurse. The Residential Supervisor should advise junior residents to attend the clinic at the appropriate time(s) during the day.

(b) Residential students are to be given medication by the College Nurses during clinic times. Medication may not be held in the

student’s own possession, for the purposes of self-administration. The sole exception are single doses of first line medications, which may be held by an individual student (eg for the initial treatment of severe allergic reaction, asthma

72 ventolin inhaler or for insulin dependent diabetes). The College Nurse’s professional judgement would determine both the decision to allow the student to retain the medication and to self administer it.

4. Outside College Activities

(a) In special circumstances, where the College Nurse does not personally administer medication, this responsibility may be delegated by the Principal or College Nurse (in accordance with the Chief Health Officer’s “Administration of Medication by Carers” Circular No. 03/98) to a Residential Supervisor or other staff member.

(b) Where another staff member is responsible for the administration of medication to a student, they will be guided in their responsibility through the provision of clear written instructions and will be issued the required amount of medication for the period of absence only. In accordance with usual practice, all medication will be taken by the student in the presence of the staff member.

(c) This may be necessary where students participate in outside College activities, such as camps or excursions. 5. Injections

(a) Only a College Nurse or medical practitioner are to administer injections, other than a student self-administering their own insulin.

(b) The Principal may not delegate responsibility for the administration of any injection to any College employee other than the

College Nurse. 6. Record Keeping

(a) Individual student Medical Cards for the administration of medication to students must be maintained and must contain a record of all occasions when medication is administered to a student.

(b) Each entry on the individual student’s Medical Card is to be completed by the authorised person administering the

medication, immediately after the medication is given. (c) Each entry on the individual student’s Medical Card must contain the following:-

The date the medication was administered; The time the medication was administered; The name of the student receiving the medication; The name of the medication administered; The exact dosage of the medication administered; The signature of the person administering the medication.

73

SCHEDULE 11

Restraint of Students 1. Introduction

This provision clarifies the powers of teachers, and other staff who have lawful control or charge of students, to use reasonable force to prevent students committing a crime; causing injury or damage; or causing disruption. Such powers exist under common law and statute but they have often been misunderstood. These policy provisions are not intended to encourage the use of inappropriate force. Teachers should be aware not only of the broad legal justification for physical contact with students, but also of their vulnerability to allegations, and that they exercise some care in applying force in certain circumstances. There is a common misconception that any physical contact with a child is in some way unlawful. That is not true. Where necessary, reasonable force can be used to control or restrain students. Physical contact with students may also be appropriate or necessary in other circumstances (see below). This provision does not in any way authorise the use of corporal punishment. A teacher is prohibited from using any degree of physical contact which is deliberately intended to punish a student, or which is primarily intended to cause pain or injury or humiliation.

2. General Policy

Teachers, and other persons who are authorised by the Principal to have control or charge of students are authorised to use such force as is reasonable in all the circumstances to prevent a student from doing, or continuing to do, any of the following: • committing a criminal offence (including behaving in a way that would be an offence if the student were not under the

age of criminal responsibility); • injuring themselves or others; • causing damage to property (including the student’s own property); • engaging in any behaviour prejudicial to maintaining good order and discipline at the College or among any of its

students, whether that behaviour occurs in a classroom, during a teaching session, in the residential area or elsewhere. The provision applies when a teacher, or other authorised person, is on the College campus, and when he or she has lawful control or charge of the student concerned elsewhere e.g. on a field trip or other authorised out of College activity.

3. Information for Parents

The College will develop an information statement about the use of force to control or restrain students. All members of staff who may have to intervene physically with students must clearly understand the options and strategies open to them. They must know what is acceptable and what is not. The parents and students should also be advised. This statement will be included with the information the College gives parents about the College’s policy on discipline and standards of behaviour.

4. Authorised Staff Legislation allows all teachers at a school to use reasonable force to control or restrain students. It also allows other people to do so, in the same way as teachers, provided they have been authorised by the Principal to have control or charge of students. At Blackheath and Thornburgh College these people include teacher aides, residential supervisors and school officers including people accompanying students on visits or activities organised by the College. The Principal will identify people, other than teachers, whom they wish to authorise to have control or charge of students and therefore be able to use force if necessary. Authorisation may be on a permanent or long term basis because of the nature of the person’s job, or short term for a specific event such as a school trip. The Principal should explicitly inform the people concerned, and ensure that they are aware of and properly understand what the authorisation entails. To ensure this the Principal will arrange for training or guidance as required. The Principal will keep an up-to-date list of authorised people and ensure the teachers know who they are.

74 5. Types of Incidents

There is a wide variety of situations in which reasonable force might be appropriate, or necessary, to control or restrain a student. These will fall into three broad categories: (a) where action is necessary in self-defence or because there is an imminent risk of injury; (b) where there is a developing risk of injury, or significant damage to property; (c) where a student is behaving in a way that is compromising good order and discipline. Examples of situations that fall within one of the first two categories are: • a student attacks a member of staff, or another student; • students are fighting; • a student is engaged in, or is on the verge of committing, deliberate damage or vandalism to property; • a student is causing, or at risk of causing, injury or damage by accident, by rough play, or by misuse of dangerous

materials or objects; • a student is running in a corridor or on a stairway in which he or she might have or cause an accident likely to injure

him or herself or others; • a student absconds from a class or tries to leave the College and it is determined that the student could be at risk. Examples of situations that fall into the third category are: • a student persistently refuses to obey an order to leave a classroom; • a student behaving in a way that is seriously disrupting a lesson.

6. Planning for Incidents

If the College is aware that a student is likely to behave in a way that may require physical control or restraint, it will be sensible to plan how to respond if the situation arises. Such planning needs to be addressed: • managing the student (e.g. reactive strategies to de-escalate a conflict, holds to be used); • involving the parents to ensure that they are clear about what specific action the College might need to take; • briefing staff to ensure they know exactly what action they should be taking (this may identify a need for training or

guidance); • ensuring that additional support can be summoned if appropriate; • in some cases the College may also need to take medical advice about the safest way to hold students with specific

health needs.

7. Reasonable Force There is no legal definition of ‘reasonable force’. It is not possible to set out comprehensively when it is reasonable to use force, or the degree of force that may reasonably be used. It will always depend on all the circumstances of the case. There are, however, two relevant considerations: • The use of force can be regarded as reasonable only if the circumstances of the particular incident warrant it. The use

of any degree of force is unlawful if the particular circumstances do not warrant the use of physical force. Therefore, physical force could not be justified to prevent a student from committing a trivial misdemeanour, or in a situation that clearly could be resolved without force.

• The degree of force employed must be in proportion to the circumstances of the incident and the seriousness of the

behaviour or the consequences it is intended to prevent. Any force used should always be the minimum needed to achieve the desired result.

Whether is it reasonable to use force, and the degree of force that could reasonably be employed, might also depend on the age, understanding, and sex of the student.

8. Practical Considerations Before intervening physically a teacher should, wherever practicable, tell the student who is misbehaving to stop, and what will happen if he or she does not. The teacher should continue attempting to communicate with the student throughout the incident, and should make it clear that physical contact or restraint will stop as soon as it ceases to be necessary. A calm and measured approach to a situation is needed and teachers should never give the impression that they have lost their temper, or are acting out of anger or frustration, or to punish the student.

75 Sometimes a teacher should not intervene in an incident without help (unless it is an emergency). For example, when dealing with an older student, or a physically large student, or more than one student, or if the teacher believes he or she may be at risk of injury. In those circumstances the teacher should remove other students who might be at risk, and summon assistance from a colleague or colleagues, or where necessary phone the Police. The teacher should inform the student(s) that he or she has sent for help. Until assistance arrives the teacher should continue to attempt to defuse the situation orally, and try to prevent the incident from escalating.

9. Application of Force Physical intervention can take several forms. It might involve staff: • physically interposing between students; • blocking a student’s path; • holding; • pushing; • pulling; • leading a student by the hand or arm; • shepherding a student away by placing a hand in the centre of the back; or • (in extreme circumstances) using more restrictive holds. In exceptional circumstances, where there is an immediate risk of injury, a member of staff may need to take any necessary action that is consistent with the concept of ‘reasonable force’; for example to prevent a young student running off a pavement onto a busy road, or to prevent a student hitting someone, or throwing something. In other circumstances staff should not act in a way that might reasonably be expected to cause injury, for example by: • holding a student around the neck, or by the collar, or in any other way that might restrict the student’s ability to

breathe; • slapping, punching or kicking a student; • twisting or forcing limbs against a joint; • tripping up a student; • holding or pulling a student by the hair or ear; • holding a student face down on the ground. Staff should always avoid touching or holding a student in a way that might be considered indecent. Where the risk is not so urgent the teacher should consider carefully whether, and if so when, physical intervention is right. Teachers should always try to deal with a situation through other strategies before using force. All teachers need developed strategies and techniques for dealing with difficult students and situations which they should use to defuse and calm a situation. In a non-urgent situation force should only be used when other methods have failed. That consideration is particularly appropriate in situations where the aim is to maintain good order and discipline, and there is no direct risk to people or property. As the key issue is establishing good order, any action which could exacerbate the situation needs to be avoided. The possible consequences of intervening physically, including the risk of increasing the disruption or actually provoking an attack, need to be carefully evaluated. The age and level of understanding of the student is also very relevant in those circumstances. Physical intervention to enforce compliance with staff instructions is likely to be increasingly inappropriate with older students. It should never be used as a substitute for good behavioural management.

10. Recording Incidents It is important that a detailed, contemporaneous written report of any occasion (except minor or trivial incidents) where force is used. It may help prevent any misunderstanding or misrepresentation of the incident, and it will be helpful should there be a complaint. The College will keep an up-to-date record of all incidents, preferably in an incident book. Immediately following any such incident the member of staff concerned should tell the Principal or a senior member of staff and provide a written report as soon as possible afterwards. These reports should include: • the name(s) of the student(s) involved, and when and where the incident took place; • the names of any other staff or students who witnessed the incident; • the reason that force was necessary (e.g. to prevent injury to the student, another student or member of staff);

76 • how the incident began and progressed, including details of the student’s behaviour, what was said by each of the

parties, the steps taken to defuse or calm the situation, the degree of force used, how that was applied, and for how long;

• the student’s response, and the outcome of the incident; • details of any injury suffered by the student, another student, or a member of staff and of any damage to property. Staff may find it helpful to seek advice from a senior colleague or a representative of their union when compiling a report. They should also keep a copy of the report. Incidents involving the use of force can cause the parents of the student involved great concern. Parents should be informed of an incident involving their child, and give them an opportunity to discuss it. The Principal, or member of staff to whom the incident is reported, will need to consider whether that should be done straight away or at the end of the College day, and whether parents should be informed only orally, or in writing.

11. Complaints The possibility that a complaint might result in a disciplinary issue, or a criminal prosecution, or in a civil action brought by a student or parent, cannot be ruled out. In those circumstances it would be for the College Board or the court to decide whether the use and degree of force was reasonable in all the circumstances. In that event, however, the investigation, or court, would have regard to these provisions taking account of the College’s policy on restraint, whether that had been followed, and the need to prevent injury, damage, or disruption, in considering all the circumstances of the case.

12. Physical Contact with Students in Other Circumstances There are occasions when physical contact with a student may be proper or necessary other than those covered. Some physical contact may be necessary to demonstrate exercises or techniques during physical education lessons, sports coaching, or if a member of staff has to give first aid. Young children and children with special education needs may need staff to provide physical prompts or help. Touching may also be appropriate where a student is in distress and needs comforting. Teachers and residential staff will use their own professional judgement when they feel a student needs this kind of support. There may be some children for whom touching is particularly unwelcome. For example, some students may be particularly sensitive to physical contact because of their cultural background, or because they have been abused. It is important that all staff receive information on these children. In addition, the College will need to develop clear common practice towards particular groups of children and events. There should be a common approach where staff and students are of different sexes. Physical contact with students becomes increasingly open to question as students reach and go through adolescence, and staff should also bear in mind that even innocent and well-intentioned physical contact can sometimes be misconstrued.

77 Attachment B

I, John Wesley Spriggs, the deponent, of 346 Turbot Street, Spring Hill, Qld, 4000, Senior Industrial Officer, of the Queensland Independent Education Union of Employees make oath as follows:

1. I am the Senior Industrial Officer of the Queensland Independent Education Union of Employees and I am authorised under the Act and rules to make this affidavit. 2. The agreement, Attachment A is not for a new business, is not a project agreement and is not a multi-employer agreement. 3. The agreement is made with the following employee organisations: Queensland Independent Education Union of Employees, Liquor Hospitality and Miscellaneous Union, Queensland Branch, Queensland Nurses' Union of Employees and Australian Workers' Union, Queensland. 4. The full names and addresses of the employee organisations are: Queensland Independent Education Union of Employees 346 Turbot Street SPRING HILL QLD 4000 Liquor Hospitality and Miscellaneous Union, Queensland Branch 74 Astor Terrace SPRING HILL QLD 4004 Queensland Nurses Union of Employees 56 Boundary Street WEST END QLD 4101 Australian Workers’ Union of Employees, Queensland 12th Floor 333 Adelaide Street BRISBANE QLD 4000 5. The employer, Blackheath and Thornburgh College of King Street, Charters Towers, Queensland, 4820, is in the education industry. 6. The name of the relevant awards are the:

• Teachers’ Award - Non-Governmental Schools

• School Officers’ Award - Non-Governmental Schools

• Presbyterian Boarding Schools and Colleges Employees – State (excluding South East Queensland) – Industrial Agreement

• Miscellaneous Workers’ Award – State

• Nurses’ Award – State

• Early Childhood Education Award – State.

7. The address at which the employees to be covered by the agreement is at 5 above. 8. The number of female employees to be covered by the agreement is 43. 9. The number of male employees to be covered by the agreement is 16. 10. There are no apprentices to be covered by the agreement.

78 11. There are no trainees to be covered by the agreement. 12. The name and address of the employer to be bound by the agreement is Blackheath and Thornburgh College, King Street, Charters Towers, Queensland, 4820. 13 This Certified Agreement is not a project Agreement. 14. The names of the persons who negotiated on behalf of the employees are: Mr Trent Newcomb, Secondary Teacher Ms Leanne Collins, School Officer Ms Sharryn Pianta, Ancillary Staff Ms Roslyn McLennan, QIEU Assistant General Secretary Mr Rod Stockham, AWU Organiser The names of the persons who negotiated on behalf of the employer are:

Mr Ian McKay, Principal Mr Rob Craig, Business Manager Mr Gordon McColl, College Board Member

15. The average percentage by which the wages of the employees to be covered by the agreement will increase under the agreement compared with wages before the agreement is 3.6% per annum.

16. The wages of employees to be covered by the agreement will not decrease under the agreement compared with wages before the agreement. 17. The nominal expiry date of the agreement is 31 December 2006.

18. The steps taken to ensure compliance with section 143 of the Act are set out below. The Queensland Independent Education Union of Employees (QIEU) advised the employing authority and other relevant employee organisations in writing of its intention to begin negotiations for the Agreement.

All Parties were provided with at least 14 days notice before the negotiations began.

The Agreement was negotiated by a committee comprised of employer representatives of the Blackheath and Thornburgh College on the one hand and employee representatives of teaching staff and employees representing non-teaching staff and representatives of the Queensland Independent Education Union of Employees and the Australian Workers’ Union - Queensland on the other.

The committee was termed a Single Bargaining Unit and is referred to within Clause 1.5 of the Agreement.

In forming the Single Bargaining Unit, nominations were invited from interested employees and an SBU was formed which was representative of all groups of employees.

All employees were issued with regular briefings on negotiations and were invited to submit matters to the Single Bargaining Unit. During the course of negotiations, discussions were held with various employees in a series of meetings timed so that various groups of employees could readily attend. Employee Representatives on the SBU interacted with their colleagues during the course of the negotiations for the purpose of ensuring that all staff understood the Agreement.

The terms of the proposed Agreement were explained to employees in a way that was appropriate, having regard to the particular circumstances and needs of employees.

A ballot of all relevant employees was conducted on 26 November 2004, which resulted in the agreement being approved by employees.

18. The employer did not coerce, or attempt to coerce, any relevant employee not to make a request to a relevant

employee organisation to be represented by the employee organisation in negotiating with the employer about the agreement.

79 19. The employer did not coerce, or attempt to coerce, any relevant employee into withdrawing a request made by

the employee to a relevant employee organisation for the relevant employee organisation to represent the employee in negotiating the agreement.

20. The Certified Agreement is made with four employee organisations. 21. The procedures for preventing and settling disputes are set out in clause 2.3.

22. The requirement of s156(1)(1)(i) of the Act is met because the employer remunerates all men and women

employees of the employer equally for work of equal or comparable value. 23. The agreement, to the best of my knowledge and belief, passes the ‘no disadvantage test’ under chapter 6, part

1, division 3 of the Act.

I swear that the facts set out above are true.

........................................................................... DEPONENT

Sworn by the deponent at Brisbane on ……………day of ………..…… 2004 before me: …................................................................ (Signature) [Commissioner for Declarations] [lawyer]