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Victorian Government Schools Award 2016
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777395 and PR778138).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
13A—Employee right to disconnect
Table of Contents
[Varied by PR774885, PR778138]
Part 1— Application and Operation
3. Definitions and interpretation
5. Access to the Award and the National Employment Standards
6. The National Employment Standards and this Award
Part 2— Workplace Delegates, Consultation and Dispute Resolution
7A. Workplace delegates’ rights
8. Consultation regarding major workplace change
Part 3— Employment and Related Matters
13A. Employee right to disconnect
Part 4— Minimum Wages and Related Matters
16. Minimum casual rate of pay
Part 5— Leave and Public Holidays
32. Infectious diseases/dangerous medical conditions
Schedule A —Minimum Salary Rates
Schedule B — Education Support Employees — Dimensions of Work
Schedule C —Supported Wage System
Part 1—Application and Operation
This award is the Victorian Government Schools Award 2016.
2.1 This award commences on 15 August 2016.
2.2 The monetary obligations imposed on an Employer by this award may be absorbed into overaward payments. Nothing in this award requires an Employer to maintain or increase any overaward payment.
2.3 The making of this award is not intended to result in a reduction in the take-home pay of Employees covered by the award. On application by or on behalf of an Employee who suffers a reduction in take-home pay as a result of the making of this award, the Fair Work Commission may make any order it considers appropriate to remedy the situation.
3. Definitions and interpretation
[Varied by PR733970, PR774885, PR777395]
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
[Definition of casual employee inserted by PR733970 from 27Sep21; varied by PR777395 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
Commencement Date means the date specified in clause 2.1
Early childhood service means a kindergarten or preschool program but does not include an out of school hours or holiday program or similar service
Education Support Employee means an Employee who provides support services within a Victorian Government school and who is not employed as a Teacher
Employee means a person employed by an Employer in a Victorian Government School under the Education and Training Reform Act 2006 (Vic), other than a person who is excluded from the scope of this award by clause 4.2
[Definition of employee organisation inserted by PR774885 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
Employer means:
(a) the State of Victoria acting through the Secretary of the Department of Education and Early Childhood Development (or any successor agency) pursuant to s. 2.4.3 of the Education and Training Reform Act 2006 (Vic); or
(b) a school council established under Part 2.3 of the Education and Training Reform Act 2006 (Vic), which is a State reference public sector employer, insofar as it employs persons covered by this award
[Definition of enterprise inserted by PR774885 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
NES means the National Employment Standards as contained in sections 59 to 118, and 123 to 131 of the Act, as they apply subject to s.30H of the Act;
Predecessor Awards means the:
(c) Teachers' (Victorian Government Schools) Conditions of Employment Award 2001; and
(d) School Services Officers (State Government Schools), Victoria, Award 2000.
Salary means the wage or salary rate, including all on-going progression payments, which an Employee receives in the normal course of his or her duty; provided that Salary does not include any payment for overtime, shiftwork, standby, travelling allowance, incidental expenses or any payment of a temporary character;
[Definition of small business employer inserted by PR774885 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
Standard rate means the minimum annual rate applicable to Level 1 of the Education Support Classification in Schedule A.
Teacher means a teacher employed within a Victorian Government school.
Transitional Act means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth);
Victorian Referral means the Fair Work (Commonwealth Powers) Act 2009 (Vic), or such other Act of the Victorian Parliament which replaces that Act, as amended from time to time.
[Definition of workplace delegate inserted by PR774885 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This State reference public sector modern award covers, to the exclusion of any other award (including any other State reference public sector modern award):
(a) the Employers, in respect of their employment of the Employees; and
(b) the Employees, in respect of each Employee's employment by an Employer.
(a) principals and assistant principals;
(b) any other classes of employees who, because of the nature or seniority of their role, have traditionally not been covered by awards (whether made under laws of the Commonwealth or the States);
(c) employees within an early childhood service operated by a Government school council;
(d) employees who are covered by:
(i) a modern enterprise award, or an enterprise instrument (within the meaning of the Transitional Act);
(ii) any other State reference public sector modern award;
(iii) a State reference public sector transitional award (within the meaning of the Transitional Act) other than the Predecessor Awards;
(e) any person whose employment or engagement is covered by any of the exclusions contained in paragraphs 5(1)(c) to (g) of the Victorian Referral; or
(f) the Employers in relation to the employees referred to in paragraphs 4.2(a) to 4.2(e) above.
5. Access to the Award and the National Employment Standards
The Employers must ensure that copies of this award and the NES are available to all Employees to whom they apply either on a noticeboard, which is conveniently located at or near the workplace, or through electronic means.
6. The National Employment Standards and this Award
6.1 The NES and this award contain the minimum conditions of employment for Employees covered by this award.
6.2 Both the NES and this award only apply to the extent that legislative power in relation to a particular matter is referred to the Commonwealth Parliament by the Victorian Referral.
(a) arrangements about when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances;
(e) leave loading.
7.2 The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual Employee has commenced employment with the Employer.
7.3 The agreement between an Employer and an individual Employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and
(b) result in the Employee being better off overall at the time the agreement is made than the Employee would have been if no individual flexibility agreement had been agreed to.
7.4 An Employer must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and Employee;
(d) includes details of:
(i) the terms of the award that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
7.5 An Employer must give the Employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(c) the agreement must not require the approval or consent of a person other than an Employer and an Employee.
7.7 The Employer seeking to enter into an agreement must provide a written proposal to the Employee. Where the Employee's understanding of written English is limited the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal.
7.8 The agreement may be terminated:
(a) by the Employer or the Employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the Employer and the Employee.
Note: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the Employee or the Employer, giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).
7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the Employer and an individual Employee contained in any other term of this award.
Part 2— Workplace Delegates, Consultation and Dispute Resolution
[Part 2—Consultation and Dispute Resolution renamed by PR774885 from 01Jul24]
7A. Workplace delegates’ rights
[7A inserted by PR774885 from 01Jul24]
7A.1 Clause 7A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 7A.
7A.2 In clause 7A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
7A.3 Before exercising entitlements under clause 7A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
7A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
7A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
7A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 7A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
7A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 7A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
7A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
7A.9 Exercise of entitlements under clause 7A
(a) A workplace delegate’s entitlements under clause 7A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 7A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 7A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 7A.
8. Consultation regarding major workplace change
(a) Where the Employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, the Employer must notify the Employees who may be affected by the proposed changes and their representatives, if any.
(b) Significant effects include termination of employment (other than in the case of redundancy); major changes in the composition and operation of the employer’s workforce or the skills required of employees; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
8.2 Employer to discuss change
(a) The Employer must discuss with the Employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, the effects the changes are likely to have on Employees and measures to avert or mitigate the adverse effects of such changes on Employees and must give prompt consideration to matters raised by the Employees and/or their representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision has been made by the Employer to make the changes referred to in clause 8.1.
(c) For the purposes of such discussion, the Employer must provide in writing to the Employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on Employees and any other matters likely to affect Employees provided that no Employer is required to disclose confidential information the disclosure of which would be contrary to the Employer’s interests.
8.3 Consultation about changes to rosters or hours of work
(a) Where the Employer proposes to change an Employee’s regular roster or ordinary hours of work, the Employer must consult with the Employee or Employees affected and their representatives, if any, about the proposed change.
(b) The Employer must:
(i) provide to the Employee or Employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the Employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the Employee or Employees affected, and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the Employee or Employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an Employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
(e) For the avoidance of doubt, the requirement to consult under clause 8.3 does not apply:
(i) to school timetabling; or
(ii) to overtime.
In the event of a dispute or grievance about a matter under this award or the NES the following processes will apply:
9.2 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.3 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an Employee must not unreasonably fail to comply with a direction by an Employer to perform work, whether at the same or another workplace, that is safe and appropriate for the Employee to perform.
9.4 Where a dispute or grievance is not settled under clause 9.1, any party to the dispute or grievance may refer the dispute or grievance to the formal dispute or grievance resolution process established by the Employer. Where the dispute or grievance is outside the power or jurisdiction of the process established by the Employer, this clause does not operate.
9.5 Where a dispute or grievance has been referred by any party to the dispute and grievance resolution process under clause 9.4, and the matter remains unresolved, a party to the dispute or grievance may refer the matter to the Fair Work Commission. In this subclause a matter is unresolved if a party is aggrieved by or does not accept the outcome of the grievance resolution process.
9.6 The Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
Part 3—Employment and Related Matters
10.2 A part-time Employee will receive salary, leave and other entitlements under this award on a pro rata basis other than the reimbursement of work related expenses under clause 19.
10.3 A casual Employee receives payment and entitlements in accordance with clause 16.
11.1 Notice of termination is provided for in the NES. This clause of the award provides industry specific detail and supplements the NES that deals with termination of employment.
11.2 Notice of termination by an employer - teachers
The employment of an employee (other than a casual employee) will not be terminated without at least four weeks’ notice (inclusive of the notice required under the NES), or four preschool term weeks in the case of a preschool employee, or the payment of four weeks’ salary instead of notice. If the employee is over 45 years of age and has completed at least two years of service the NES notice period will apply.
11.3 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
11.5 Exclusions
Employees who are excluded from coverage of the notice of termination provisions in the NES are also excluded from coverage of the notice of termination provisions in this award.
11.6 Statement of service - teachers
Upon the termination of employment of an employee (other than a casual employee) the employer will provide upon the request of the employee, a statement of service setting out the commencement and cessation dates of employment.
11.7 Termination of casual employment — teachers
On termination of casual employment, the employer will indicate on the employee’s service card the length of service with the employer. Upon request a casual employee will also be given a statement setting out the number of days of duty worked by the employee during the period of the engagement.
12.1 Employees may be employed within the categories of employment detailed in Schedule A
12.2 The classification levels of Education Support positions will be determined in accordance with the Dimensions of Work in Schedule B.
13.1 The ordinary hours of work for full-time Employees will average 76 hours per fortnight.
13.2 The ordinary hours of work for an Education Support Employee will be performed from Monday to Friday between 8am and 6pm, unless the Employer and Employee agree otherwise.
13.3 A Teacher is entitled to a luncheon period of not less than 30 minutes free from assigned duties.
13.4 An Education Support Employee will be entitled to an unpaid meal break, free of assigned duties, for a period of not less than 30 minutes no later than five hours from commencing work.
13A. Employee right to disconnect
[13A inserted by PR778138 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
Part 4—Minimum Wages and Related Matters
14.1 An Employee will be paid not less than the minimum rate specified for his or her classification level under Schedule A.
14.2 The minimum hourly rate payable to an Employee is calculated as follows:
Minimum salary under Schedule A ÷ 260.893 ÷ 7.6
14.3 The minimum salary for a Teacher is salary sub-division 1 of the salary range in Schedule A, plus an additional salary sub-division for each twelve month period of equivalent full-time approved teaching experience.
14.4 An Education Support Employee may be employed:
(a) subject to the application of clause 14.4(b), at a salary that is not less than 48/52 of the salary provided for in Schedule A;
(c) that payment during school vacation periods, without the requirement to attend for duty in accordance with clause 14.4(a) and 14.4(b), includes an Employee's entitlement to paid annual leave under clause 21.1; and
(d) any period of leave without pay, or where the Employee has not been employed, a pro rata payment for the school holiday periods, relative to that period, will be applied to sub-clause 14.4(b).
14.5 An Employee may salary package employment benefits in lieu of salary as approved by an Employer.
14.6 Payment to a trainee Education Support Employee, under this Award, will be in accordance with Schedule D.
15.1 An Employee's attendance at court as a Crown witness or under subpoena or summons in his or her official capacity will be treated as duty for salary purposes, subject to presentation of evidence that he or she attended court.
16. Minimum casual rate of pay
[Varied by PR733970 from 27Sep21]
A casual employee will be paid an hourly rate (calculated in accordance with clause 14.2) that is not less than the minimum hourly rate applicable to their classification level under Schedule A (in the case of a Teacher, at sub-division 1), plus a 25% loading. Payment of a 25% loading is in lieu of any entitlement to paid leave, and public holidays under this award.
An Employee employed under a supported wage system will receive payment in accordance with Schedule C.
[Varied by PR750905]
18.1 Automatic adjustment of wage-related allowances
[New 18.1 inserted by PR750905 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
18.2 First aid allowance
[18.1 renumbered as 18.2 by PR750905 ppc 15Mar23]
(a) An Education Support Employee who holds an appropriate first aid qualification and performs first aid in addition to the normal duties of his or her position will be paid an annual allowance of 1.60% of the standard rate per annum, pro rata for part of a year whilst so appointed.
(b) The performance of first aid duties, in addition to normal duties, is subject to agreement between an Employer and an Employee.
18.3 Intensive care allowance
[18.2 renumbered as 18.3 by PR750905 ppc 15Mar23]
An Education Support Employee who is required to provide intensive attendant care, administer medical support or assist in the development of independent living skills for individual students or groups of students while employed in a special school will be paid an annual allowance of not less than 0.96% of the standard rate per annum, pro rata for part of a year whilst so appointed.
18.4 Salary loading allowance
[18.3 renumbered as 18.4 by PR750905 ppc 15Mar23]
(a) Subject to clause 18.4(c), an Employee is entitled to be paid, on a date determined by an Employer, a salary loading allowance each year equivalent to 17.5% of four weeks of the total salary to which he or she is normally entitled as at 1 December of the year in which the allowance is paid, provided such an amount does not exceed 1.93% of the Teachers' sub-division 1 rate.
(b) Employees with part-time service during the relevant year will be paid a pro rata salary loading allowance based on the aggregate of the Employee’s paid service over the twelve months preceding the date determined under clause 18.4(a).
(e) An Education Support Employee will be paid pro rata salary loading allowance in respect of service prior to cessation of employment.
(f) For the purposes of clause 18.4(d) an Employee is deemed to retire:
(i) on account of age— if on or after attaining the age of 55 years he or she ceases to be employed;
(ii) on account of ill health— if he or she produces to the Employer satisfactory evidence that his or her ceasing to be employed is due to ill health which is likely to be permanent.
18.5 Higher duties allowance
[18.4 renumbered as 18.5 by PR750905 ppc 15Mar23]
Where an Education Support Employee is directed to perform duties at a classification level that is:
(a) higher than the classification level to which he or she is employed; and
(b) the duties are performed by the Employee;
he or she will be paid for the period in which the duties are performed not less than the amount specified in Schedule A, relative to the extent he or she is performing those duties.
19.1 An Employee will be reimbursed for his or her reasonable out of pocket expenses where:
(a) the expense was actually and necessarily incurred in the course of his or her authorised duties;
(b) prior approval to incur the expense was given; and
(c) reimbursement will only be made where expenditure was incurred.
19.2 An Employee who is required to travel in excess of the distance he or she would normally travel from their home to workplace will be reimbursed at a rate that is not less than the rates notified by the Australian Tax Office from time to time.
19.3 A Teacher will be entitled to reimbursement of reasonable travel and incidental expenses incurred in attending an interview for an advertised position in a government school which may reasonably be expected to result in his or her transfer or employment without an increase in salary (excluding allowances) in that school.
[Varied by PR771431]
20.1 Superannuation legislation
[20.1 substituted by PR771431 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 20 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An Employer must make such superannuation contributions to a superannuation fund for the benefit of an Employee as will avoid the Employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that Employee.
20.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an Employee may, in writing, authorise their Employer to pay on behalf of the Employee a specified amount from the post-taxation wages of the Employee into the same superannuation fund as the Employer makes the superannuation contributions provided for in clause 20.2.
(b) An Employee may adjust the amount the Employee has authorised their Employer to pay from the wages of the Employee from the first of the month following the giving of three months’ written notice to their Employer.
(c) The Employer must pay the amount authorised under clauses 20.1(a) and (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.1(a) or (b) was made.
20.4 Superannuation fund
[20.4 varied by PR771431 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.1(a) or 20.1(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) VicSuper; or
(b) any superannuation fund to which the Employer was making superannuation contributions for the benefit of its Employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(c) a superannuation fund or scheme of which the Employee is a defined benefit member.
Part 5—Leave and Public Holidays
21.1 Annual leave is provided for in the NES. The provisions of this clause apply in addition to the NES.
21.2 For the purposes of this Award, most leave entitlements are expressed in hours, not days. For the avoidance of doubt, 20 days of annual leave under the NES equates to 152 hours for full-time Employees covered by this Award.
21.3 Service for the accrual of annual leave will not include:
(a) subject to clause 21.3(b), any period of leave without pay that aggregates more than one month within a 12 month period;
21.4 Except where otherwise approved by the Employer, an Employee must take annual leave at times when students are not in attendance.
22.1 Personal/carer’s leave is provided for in the NES. The provisions of this clause apply in addition to the NES.
22.2 An Employee is entitled to 114 hours personal leave (inclusive of personal leave entitlements under the NES) per annum, which will be cumulative.
22.3 Service for the accrual of personal/carer’s leave will not include:
(a) subject to clause 22.3(b), any period of leave without pay that aggregates more than one month within a 12 month period;
(b) any continuous period of leave without pay for sickness or injury that exceeds one month.
23.1 Parental leave is provided for in the NES. The provisions of this clause apply in addition to the NES.
A female Employee who has at least 26 weeks’ paid service within the previous 12 months of employment will be entitled to 12 weeks’ paid maternity leave, to be taken in connection with the birth of her baby. If she is the primary care giver, she will be entitled to a further period of unpaid leave in accordance with the NES, but the total of her paid and unpaid leave must not exceed 7 years. A female Employee who does not qualify for paid maternity leave will be entitled to take up to 52 weeks unpaid leave.
A Teacher is entitled to 7 years leave without pay, inclusive of leave approved under clause 23.2, in respect to the birth or adoption of a child where the Teacher is the primary care giver. Leave approved under this clause may not extend beyond the seventh birthday of the child, except where otherwise approved.
An Employee who is the spouse or de facto partner of a woman who gives birth to a baby, who has at least 12 months’ continuous paid service, will be entitled to one weeks’ paid partner leave in connection with the birth of a child for whom the Employee has accepted responsibility, to be taken either before and/or after the birth. An Employee whose spouse or de facto partner was pregnant will also be entitled to one weeks’ paid partner leave if the mother of the child has a miscarriage of her pregnancy where it has advanced to at least 20 weeks. An Employee who is the primary care giver will be entitled to leave in accordance with clause 23.3, inclusive of any leave entitlement under this subclause. An Employee entitled to leave under clause 23.2 or 23.5 is not entitled to leave under this clause 23.4.
An Employee who has been approved for the adoption of a child, if adoption occurs, will be entitled to 6 weeks’ paid adoption leave provided he or she is the primary care giver or one weeks’ paid adoption leave where he or she is the secondary care giver. Adoption leave can be taken either before and/or after the adoption. An Employee entitled to leave under clauses 23.2 or 23.4 is not entitled to leave under this clause 23.5.
(a) An Employee will be entitled to the equivalent of 12 weeks’ paid maternity leave if she has a miscarriage of her pregnancy where it has advanced to at least 20 weeks.
(b) Where an Employee is suffering from an illness not related to the direct consequences of the confinement, she may take any paid personal/carer’s leave to which she is entitled in lieu of, or in addition to, maternity leave related to a miscarriage of her pregnancy.
(c) Where an Employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid personal carer's leave to which she is then entitled and such further maternity leave related to a miscarriage of her pregnancy. The aggregate of paid personal/carer's leave and maternity leave, including parental leave taken by a spouse, may not exceed 52 weeks in accordance with the NES (or such longer total period as provided in the NES).
(d) Where leave is granted under this clause 23.6, during the period of leave an Employee may return to work at any time, as agreed between the Employer and the Employee provided that time does not exceed four weeks from the recommencement date desired by the Employee.
24.1 For the purposes of this subclause "accepted war-caused disability" means accepted by the Department of Veterans Affairs as being a war-caused disability;
24.3 Where the Employer is satisfied that the illness of an Employee with at least six months’ service is directly related to, or is aggravated by, an accepted war-caused disability that Employee will be granted war service sick leave to the extent credited in accordance with clause 24.2.
25.1 Compassionate leave is provided for in the NES. The provisions of this clause apply in addition to the NES.
25.2 Leave on full pay of up to three days may be granted to an Employee on the occasion of the death of a member of his or her immediate family or household, inclusive of compassionate leave entitlements under the NES.
26.1 Community service leave is provided for in the NES. The provisions of this clause apply in addition to the NES.
26.2 An Employee who is required to appear and serve as juror under the Juries Act 2000 (Vic) will be entitled to leave with pay for the period during which his or her attendance at court is required.
27.1 Subject to clause 27.2, an Employee who is absent from duty as a result of sustaining an injury in respect of which the Employee is entitled to weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) will receive make up pay equal to the pay the Employee would receive for paid leave less the amount of the weekly payments of compensation (make up pay).
27.2 Make-up pay ceases when the:
(a) Employee is paid a disability benefit under the State Superannuation Act 1988 (Vic) or under a similar provision in any other Act which requires the State of Victoria to contribute as an employer; or
(b) Employee has been absent from work for either a continuous period of 52 weeks or an aggregate period of 261 working days (including any public holiday an Employee, but for that public holiday, would be required to work) or an aggregate period of 1,983 hours; or
(c) Employee’s employment is lawfully terminated.
27.3 An Employee is not entitled to personal leave with pay during any period he or she is in receipt of weekly compensation payments under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
Public holidays are provided for in the NES.
Leave without pay from three to 12 months will be granted once every three years to an Employee whose spouse, as a consequence of pursuing his or her occupation, is required to shift residence interstate or overseas.
30.2 Sabbatical leave will be taken immediately following the completion of the relevant work period during which salary was reduced under clause 30.1.
31.1 A Teacher will be entitled to reasonable leave with full pay to attend an interview for an advertised position in a government school which may reasonably be expected to result in his or her transfer or employment without an increase in salary (excluding allowances) in that school.
32. Infectious diseases/dangerous medical conditions
32.1 Upon a report by a registered medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by law in respect of such disease, an Employee is unable to attend work, the Employer may grant the Employee special leave of absence with pay. The period of leave must not be for any period beyond the earliest date at which it would be practicable for the Employee to return to work having regard to the restrictions imposed by law.
32.2 Where the Employer reasonably believes that the Employee is in such state of health as to render the Employee a danger to other Employees, the Employer may require the Employee to absent himself or herself from the workplace until the Employee obtains and provides to the Employer a report from a registered medical practitioner. Upon receipt of the medical report, the Employer may direct the Employee to be absent from duty for a specified period or, if already on leave, direct such Employee to continue on leave for a specified period. Any such absence of an Employee must be regarded as sick leave.
Schedule A—Minimum Salary Rates
[Varied by PR592253, PR606480 , PR707599, PR718972, PR729419, PR740844, PR762263, PR774048 ppc 01Jul24]
Employees covered by this Award will be paid at a rate not less than the following annual salaries applying to a full-time Employee:
|
Classification |
Minimum Annual Rate |
|
Leading Teacher 2 |
94,711 |
|
Leading Teacher 1 |
89,816 |
|
|
|
|
Teacher |
|
|
Sub-division 12 |
87,428 |
|
Sub-division 11 |
85,472 |
|
Sub-division 10 |
83,555 |
|
Sub-division 9 |
81,696 |
|
Sub-division 8 |
79,879 |
|
Sub-division 7 |
78,096 |
|
Sub-division 6 |
76,365 |
|
Sub-division 5 |
74,681 |
|
Sub-division 4 |
71,414 |
|
Sub-division 3 |
69,851 |
|
Sub-division 2 |
68,314 |
|
Sub-division 1 |
66,820 |
|
|
|
|
Education Support |
|
|
Level 7 |
98,379 |
|
Level 6 |
89,596 |
|
Level 5 |
82,323 |
|
Level 4 |
75,766 |
|
Level 3 |
67,802 |
|
Level 2 |
62,005 |
|
Level 1 |
53,235 |
Schedule B — Education Support Employees — Dimensions of Work
The Dimensions of Work describe the nature and scope of work relevant to each classification level within the ES structure.
B.1 The Dimensions of Work cover the following areas for each ES level:
General Work Description: defines the typical features and characteristics of this classification and the level of instruction required to complete allocated duties. This should be used as an initial indication of where a position might be classified. Having decided the appropriate level this should then be compared with the general work description above and below the defined level to confirm the choice.
Features and Skill Requirements: defines the difficulty of the work, the skill level required by the position and the level of assistance the position receives through expert advice, manuals and documented procedures. This information assists in developing the key selection criteria for advertisement of the position.
B.2 Education Support - Level 1 (ES 1)
B.2.1 General Work Description – ES 1
The ES 1 position is the entry point of the school services officer structure.
Positions at this level work undertake a variety of duties which may include administrative, clerical, keyboard support, assisting with maintenance and management of stores and supplies, assisting teachers in the classroom and other educational activities and providing attendant care and assistance to students. The position may work within a variety of school settings, such as offices, libraries, laboratories (science, computer, language, music or other).
Work is performed under close direction using established routines, methods and procedures from which there is little scope for deviation. Tasks may involve a wide range of duties of a routine nature. The breadth of tasks will depend on the requirements of the school and the capacity to train staff in a variety of functional areas. Problems can usually be solved by reference to well documented procedures and instructions and clearly established practices. Assistance is readily available when problems arise.
This position may have a specific role within a single functional area of the school (eg administrative support in the school office) or supporting teachers in the delivery of educational programs (eg integration support).
Work may involve giving basic technical and procedural advice to other staff, students or parents (eg care in preparation of class materials). This may require some knowledge and application of specific procedures, instructions, regulations or other requirements relating to general administration and/or specific school programs or activities.
This position may assist colleagues, both teaching and non-teaching, in the tasks being undertaken.
No supervisory responsibilities are attached to this position. More experienced staff will assist new staff by providing guidance and advice.
An experienced Employee at this level would be expected to have a good knowledge of the school’s operations and exercise some judgement within clearly defined guidelines, practices and limitations and be able to communicate effectively with all members of the school community.
B.2.2 Work Features and Skill Requirements – ES 1
(a) Training & Experience
(i) No prior knowledge of the operations of schools is expected. However, familiarity with basic work routines, procedures and organisation of work is necessary along with a positive attitude to the work involved.
(ii) Understanding of organisation procedures, guidelines and policies relevant to the work area are expected to be learned and applied.
(iii) A substantial amount of the knowledge and skills required for this position will be gained through on-the job training. The skill requirements a person would normally bring to this position would be:
· basic numeracy and literacy
· ability to check work and identify and rectify errors
· written and verbal communication skills which enable communication of correct information
· an aptitude for working with school aged children.
(b) Diversity of Knowledge
Flexibility in meeting the needs of a school across a wide range of support areas. Adaptability to learn and undertake a diverse range of routine tasks, particularly where the day-to-day priorities may vary considerably.
(c) Technical Support
(i) Ability to prepare routine documentation and enter data through computer software programs.
(ii) Ability to understand basic operational procedures for school equipment.
(d) Client Relations
Ability to manage routine and customer enquiries
(e) Communication
(i) Should be able to convey basic information about school policy and procedures.
(ii) A school environment necessitates communication with children, teachers and parents about routine policy and procedural matters. Interaction with students will be under the supervision of teaching staff where clear verbal instructions will need to be understood and implemented.
(iii) Problems that are identified are referred to appropriate personnel.
(iv) Ability to listen to and understand others.
(f) Records Management
(i) Maintenance of confidentiality, ie able to be trusted with private and sensitive information.
(ii) Ability to check work and identify and rectify errors.
(iii) Ability to work to specified timelines.
(iv) Ability to receive and sort documents and distribute or process according to established procedures.
(g) Complexity of Tasks
Follows established procedures and guidelines under regular supervision and instruction. Where problems of a more complex nature arise they are referred to relevant personnel and direction is provided.
(h) Reasoning Requirements
(i) Objectives of work are clearly defined.
(ii) Work problems are usually solved by reference to established procedures and methods along with clear direction from supervising staff.
(iii) Provides assistance to students, which requires a basic understanding of program objectives and content. It will also require an aptitude to understand and assist with the tasks students are undertaking.
(iv) Ability to ask the right question to get the required information.
(i) Independence & Accountability
(i) Choices regarding appropriate course of action are limited.
(ii) Accountable for quality, accuracy and timeliness of tasks and explaining how tasks have been undertaken or specific data or information has been derived.
(j) Effect of Advice Received
(i) Generally advice relates only to immediate work area.
B.3 Education Support - Level 2 (ES 2)
B.3.1 General Work Description – ES 2
Positions at this level will, under general direction, assist with the coordination of support services within the school. The position may provide support to senior staff within the school who may be members of the leadership team and/or teaching staff responsible for the delivery of curricula.
The school leadership team will involve this position in providing broad management support through coordination of work activities within the school office and provision of clerical support to the school council. This will generally involve responsibilities for the maintenance and retrieval of school records including personnel, finance and student records. This role may be undertaken under the supervision of a senior Education Support Employee(s) with management responsibilities for support resources across the school or within a large functional area. In other settings it may be an office management role under direct supervision of the principal.
This position may provide specific functions that will require specialist knowledge and skills. Technical knowledge held will allow for work to be undertaken with minimal supervision. Capacity to exercise judgement and problem solving skills would be limited to defined procedures and guidelines and assistance and direction is, generally, close at hand. Typical examples would be the technical support provided to school libraries, computer and science laboratories. Generally, this will require a sound knowledge of basic technical and/or scientific principles that will normally require qualifications for work to be undertaken in these areas.
This position would also encompass provision of basic technical skills and experience used to support school operations, services and teachers in the delivery of educational programs. A key aspect would be that curriculum objectives and outcomes are clearly identified and instruction to students would follow established guidelines. Typical examples would be basic instruction to students in areas such as music, language, handling of equipment and chemicals, preparing chemicals and equipment for student experiments, locating and researching source material and operation of computer software.
Para professional support becomes a feature of work at this level. Para professional support would operate at basic levels with clear operational guidelines and direct supervision. Examples would be library and laboratory technical support. There would be mandatory qualification requirements before any person could occupy a position at this level to undertake such technical support.
B.3.2 Work Features and Skill Requirements - ES 2
(a) Training & Experience
(i) Requires knowledge of the operations of the work area and the procedures and guidelines that operate.
(ii) Knowledge in a specific functional area such as computer applications, musical instruction, language instruction, library systems, science laboratories etc. This knowledge may be gained through experience but in some areas qualifications may be a requirement for appointment.
(iii) Supervisory roles will require experience in organising and prioritising work.
(iv) Contact with a broad cross-section of the school community requires an understanding of a school’s objectives and philosophy.
(b) Diversity of Knowledge
(i) Predominantly performs a number of activities within a functional work area.
(ii) Tasks are clearly defined and are subject to broad direction.
(iii) Specialised areas will be clearly defined and operate within established guidelines and policy set down by the school.
(c) Technical Support
(i) Ability to design and prepare documentation using several software programs. This would include manipulation of data and preparation of basic reports.
(ii) Compile, maintain and update information systems and written records such as registers, statistics and update reference material.
(iii) Ability to operate and instruct staff and students in the use of audio and audiovisual equipment.
(iv) Knowledge of basic technical and scientific principles which enable the performance of a variety of inter-related technical tasks.
(d) Client Relations
(i) Ability to manage both routine and difficult customer enquiries.
(ii) Ability to work closely with school-aged students and provide basic assistance and instruction where required
(e) Communication
(i) Supervisory positions obtain cooperation to achieve well defined activities.
(ii) Tendering of information and providing collaborative advice when required.
(iii) Ability to advise staff, students and other members of a school community in how to locate specific information and operate equipment.
(f) Records Management
(i) Responsibility for maintenance of records within a specific functional area.
(ii) Ability to extract and manipulate data and prepare routine reports.
(g) Complexity of Tasks
(i) Follows a range of existing processes, guidelines and established procedures and where necessary makes modifications.
(ii) Objectives and directions are clear and well documented so that desired outcomes can be easily measured.
(iii) Suggests ideas/plans/potential solutions to achieve clearly established outcomes.
(h) Reasoning requirements
(i) Work is clearly defined, follows established procedures and involves the selection of familiar concepts and ideas when performing tasks.
(ii) Work problems are usually solved by reference to procedures and documented methods and instructions.
(iii) Application of specialised knowledge would be confined to a specific functional area.
(i) Independence & Accountability
(i) Supervisory positions are required to deploy staff and receive instructions, which determine the work program of the area. Such supervision would be confined to the immediate work area.
(ii) Advisory service positions are accountable for providing effective information gathering and collation under general direction.
(iii) Accountability would be confined to the timely completion of specific tasks which have clear guidelines and in which direction is available.
(j) Effect of Advice Received
Advice usually relates only to the immediate work area
B.4 Education Support - Level 3 (ES 3)
B.4.1 General Work Description – ES 3
Positions may comprise operational, professional and para professional support roles.
Positions will perform and/or supervise activities in accordance with guidelines, accepted practice and school policy. This will include the supervision and direction of other ES Employees within the work area and accordingly will have developed appropriate leadership skills. Input into identifying training needs and development of ES Employees within the work area becomes an important feature at this level.
Positions will provide advice and recommendations to the principal, school council or other senior staff and liaise with members of the school community, the Department of Education and Training and other Government agencies and service providers.
In the area of school administration this position would, under general direction, assist with the coordination of the financial, personnel, and other school administrative support services. This position may involve the management of a specific support function.
Professional support to students becomes a feature at this level. For example, speech, physio and occupational therapy, psychology and social work would be examples of professional support that would commence at this level. This position would work with teachers with a view to delivering the support needs of individual or groups of students. It would be responsible for case management and reporting requirements. This level would normally only apply to new graduates with limited or no work experience in the relevant professional field. As such, the position occupant would require access to an experienced professional who could provide guidance and support on a regular basis.
Technical support will be at an advanced level in comparison to that of an ES 2. For example, the position could be expected to undertake basic computer systems analysis and design work. The most common work undertaken would be routine software programming. Technical support in school libraries and laboratories may apply where there is a high level of expertise and experience which requires the development and adaptation of work methods or organisation and making judgements where guidelines and prescription are not clearly defined.
This position would be accountable for the provision of specialist services in accordance with clearly defined policy and objectives of the school.
B.4.2 Work Features and Skill Requirements – ES 3
(a) Training & Experience
(i) Requires knowledge of the operations of the work area and the procedures and guidelines that operate.
(ii) May include knowledge and experience in a specific functional area such as computer applications, library systems and science laboratories. Knowledge may be gained through experience but in technical and professional support areas qualifications will generally be a requirement for appointment.
(iii) Supervisory roles will require experience in organising and prioritising work.
(iv) Contact with a broad cross-section of the school community requires an understanding of school operations and culture.
(b) Diversity of Knowledge
(i) Predominantly performs a number of activities within a functional work area where tasks are clearly defined and subject to broad direction.
(ii) Specialist areas require a level of skill that enables the occupant to perform a variety of technical, operational or professional tasks that are not straightforward. For example, conducting demonstrations and experiments, preparation of budget reports, coordination and operation of audiovisual equipment and delivery of therapy services.
(iii) Where involved directly with students and teachers in the delivery of support services this position will provide specialist knowledge and skills under guidelines and appropriate work standards.
(c) Technical Support
(i) Appropriate qualifications and experience relating to the category of support work.
(ii) Ability to coordinate operations within a functional area.
(d) Professional Support
(i) Appropriate qualifications relating to the category of support work.
(e) Client Relations
Resolve complex enquiries by providing the necessary information/support or advise clients on how this may be obtained.
(f) Communication
(i) Supervisory positions have the ability to obtain cooperation amongst staff within the work area and other school staff to achieve objectives within defined activities
(ii) Capacity to tender information and provide collaborative advice when required.
(iii) Ability to prepare basic reports and provide advice on specific operational, technical and professional support issues.
(iv) Ability to consult with staff outside the immediate work area with respect to the delivery of support services.
(g) Records Management
(i) Accountable for the maintenance and confidentiality of school records.
(ii) Ability to organise and adapt information for preparation of reports for senior management and school council.
(h) Complexity of Tasks
(i) Able to follow existing processes, guidelines and established procedures and, where necessary, make modifications.
(ii) Objectives and directions are clear and well documented so that desired outcomes can be easily measured.
(iii) Capacity to suggest ideas/plans/potential solutions to achieve clearly established outcomes.
(iv) Specialist roles are accountable for the provision of accurate advice, information and instruction within the parameters of the work area.
(i) Reasoning requirements
(i) Work is clearly defined, follows established procedures and involves the selection of familiar concepts and ideas when performing tasks.
(ii) Problems are usually solved by reference to procedures and well documented methods and instructions or specialist knowledge gained through formal training.
(iii) Where specialised knowledge and/or experience is a requirement, the occupant will need to apply that knowledge and experience to solve day to day problems.
(j) Independence & Accountability
(i) Supervisory positions require the ability to instruct and deploy staff within the work area and receive and implement instructions which determine the overall work program of the area.
(ii) Where a person is responsible for the operation of a work area they will be accountable for its efficient operation within the regular direction which would be provided by the principal. For example, a person responsible for the management of a school office would be accountable for school administrative, financial and personnel records and the day to day administrative services provided to staff, students and members of the school community.
(iii) Delivery of technical, professional and other specialist support requires accountability for the effective application of skills, knowledge and experience. These areas will generally operate under guidelines and will be subject to school policy and curriculum requirements.
(k) Effect of Advice Received
Advice usually relates only to the immediate work area
B.5 Education Support - Level 4 (ES 4)
B.5.1 General Work Description – ES 4
This position will, under general direction, have responsibility for the supervision and coordination of finance, personnel and other school support services within the school.
Alternatively a position may be required to manage a specific function (eg finance, human resources, facilities, etc). However, where this occurs, the position becomes a clear management role, in respect to that function, with the appropriate level of responsibility and accountability.
The position will be responsible for day-to-day management and supervision of support staff within the work area. It may also be responsible for providing key support and timely advice to the principal and school council, as well as undertaking effective liaison on behalf of the school with the general school community, the Department of Education and Training and other government agencies and service providers.
The ability to develop procedures/guidelines relating to school operations and establishing work practices for support staff, in consultation with the principal and other senior staff, becomes a key feature at this level.
The position will be expected to provide advice and counselling to subordinate staff on matters such as professional development, work performance and related matters. There will be a need to obtain cooperation from all staff, particularly in relation to the deployment and development of other support staff and in meeting specific operational objectives.
Under delegation from the principal, authoritative policy advice will be provided on the school's operations.
Generally work is performed within clearly established objectives, strategies and guidelines with some scope to determine operational strategies subject to monitoring and intervention by senior staff.
The tasks generally are well defined and supported by policies and systems. In this context, it may often be left to the discretion of the Employee to decide which strategic option or solution to a particular problem should be adopted. The Employee may need to identify problems and recommend or instigate changes to work practices. It would be expected there would be significant input into the development and change of school policy or operations.
Professional support will comprise duties similar to that of the ES 3 except that the position will exercise a higher level of skill and expertise gained through professional experience. This means the position operates with less dependence on supervision and guidance from other professionals within the relevant field.
Technical support, at this level, carries with it substantial knowledge and experience which enables a high level of technical support which carries with it greater accountability for the delivery of the relevant service. Computer services positions would provide a higher level of technical competence in programming than would be required at the ES 3 level. Generally this will have been gained through experience within a relevant work area.
Technical support within school libraries would involve responsibility for the supervision and coordination of library operations. The key difference to the ES 3 level is the involvement in policy and planning processes and the level of accountability for the delivery of library services within a school.
Technical support within science laboratories will require substantial experience which ensures the ability to control and advise on a full range of day to day activities and being the ‘expert’ in regard to a wide variety of specific aspects of the work area.
Work would have a level of complexity that in most fields would represent the highest level of technical work that would normally be undertaken by a position at this level. Key differences to the ES 3 level are that objectives are broadly stated (the position having input into the setting of those objectives) and there is control of a wide range of functions.
B.5.2 Work Features and Skill Requirements – ES 4
(a) Training & Experience
(i) Requires knowledge of the operations of the work area and the procedures and guidelines that operate. It will also require specialised professional and technical knowledge that would generally be gained through several years of experience working in a similar field.
(ii) Some specialised areas will require technical and/or higher qualifications.
(iii) Supervisory positions require experience in monitoring work flows and developing local strategies or work practices, including training programs related to group development within the work area.
(iv) A knowledge of the School charter and how the work area contributes to the achievement of the school’s objectives would be critical to a position at this level.
(b) Diversity of Knowledge
(i) Predominantly performs a number of activities within a functional work area.
(ii) In the area of school administration will require a broad understanding of school operations and the ability to coordinate work across a number of areas such a personnel, finance, facilities, etc.
(iii) Specialised areas would, generally, make this position the expert in the relevant field where it would be expected there is a detailed knowledge of the work requirements.
(iv) Possesses reasonable autonomy within clear guidelines. School policy is clear and direction is regularly provided.
(c) Technical Support
(i) Appropriate qualifications and experience relating to the category of support.
(ii) Accountable for operations within a functional area.
(d) Professional Support
Appropriate qualifications and experience relating to the category of support work.
(e) Client Relations
(i) Satisfactorily resolve complex enquiries and more difficult issues.
(ii) Provide advice and recommendations to senior management in respect to the resolution of issues.
(f) Communication
(i) Satisfactorily resolve complex enquiries and more difficult issues.
(ii) Provide advice and recommendations to senior management in respect to the resolution of issues.
(iii) Supervisory positions obtain cooperation to achieve objectives within well defined activities. This will include the provision of advice and counselling of other support staff on matters such as professional development, work performance and related matters.
(iv) Provides information and collaborative advice when required.
(v) Where the position is an advisory/support role, consultation skills will become important to determine concerns in relation to specific policy areas and to facilitate the exchange of information.
(vi) Reports to senior management both verbally and in writing in relation to issues affecting the work area.
(vii) Seeks cooperation from staff outside the work area to achieve objectives and determine priorities.
(viii) Leadership skills become a key feature.
(g) Complexity of Tasks
(i) Adapts the way work is organised and modifies existing practices within precedent and established methods.
(ii) Work is clearly defined within a range of disciplines.
(iii) Objectives and directions are clear and well documented so that desired outcomes can be easily measured.
(iv) Specialised areas are accountable for provision of accurate advice, information and instruction and the impact it will have on the work area.
(h) Reasoning requirements
(i) Generally work is performed within clearly established objectives, strategies and guidelines with some freedom to decide on appropriate strategies subject to monitoring and intervention by senior staff.
(ii) Provides accurate and strategic alternatives to senior management.
(iii) Problem solving skills become a key feature. Work problems are usually solved by reference to procedures and well documented methods and instructions. However, it would be expected that this position will exercise some choice amongst possible solutions to standard work problems.
(iv) Investigates, interprets and evaluates information where legislation, regulation, instructions or procedural guidelines do not give adequate or specific answers
(i) Independence & Accountability
(i) Supervisory positions will be expected to manage the day to day work of other support staff with a view to ensuring the requirements of the work area are met. This may extend beyond a single functional area.
(ii) While tasks are generally well defined and supported by policies and systems it may often be left to the discretion of this position to decide which option or solution to a particular problem will be adopted. It may be necessary to identify problems and recommend or instigate some changes to work practices, subject to the limitations of the work area and compliance with school policy.
(j) Effect of Advice Received
Will have significant input into the development of policy in respect to school operations and/or the specialised support services required.
B.6 Education Support - Level 5 (ES 5)
B.6.1 General Work Description – ES 5
This position will coordinate support services within a school or a group of schools.
This position is responsible for the management and supervision of administrative support staff within the school. It will provide key support and timely advice to the principal and school council, as well as undertaking liaison on behalf of the principal and school council with the general school community, the Department of Education and Training and other government agencies and service providers.
Business management becomes a key feature at this level. This will involve the development and coordination of strategies across a range of functional areas that impact on the overall administration of the school and the achievement of its educational objectives.
This position will ensure the efficient use of resources across a range of support functions and may involve the coordination of support staff across a range of functional areas (eg office, library, laboratory, teacher aide support).
Direction on targets and goals is provided but the position would have some latitude in determining how they are achieved. Standard procedures and school policy will generally limit this latitude. Management and other senior staff will expect regular reports on progress and also may intervene in the determination of priorities, deadlines and operating strategies.
Advice provided will contribute significantly to school operations and support policy. In this regard it may be one of a number of positions contributing to the decision making process or project at hand. If the position has a specialist role it will generally be considered expert advice as it relates to the functional area.
The position will provide leadership and supervision of other support staff and contribute substantially to the development and delivery of professional development.
Professional support at this level will provide a high level of knowledge and expertise that enables a higher level of responsibility in the delivery of a school program. Generally, this position will provide expert advice and recommendations to teachers about the needs of students and recommend support strategies that can be integrated within the educational programs across a school or group of schools. A feature that would distinguish this position from the ES 4 is the expectation that the occupant would provide regular advice and recommendations in relation to whole school programs and projects.
Librarianship is a category of work, which becomes a feature at this level. The position would require suitable qualifications and experience in library and information-based operations. The position would be responsible for the management and delivery of library services.
Technical support at this level would be limited to highly specialised areas that provide expert guidance, advice and training to students and staff at the school. The position would demonstrate originality, resourcefulness and contribute to improvements in programming techniques and the demonstration of these techniques to students and staff.
B.6.2 Work Features and Skill Requirements - ES 5
(a) Training & Experience
(i) Requires specialist professional and/or technical knowledge, understanding and expertise related to the tasks of the work area.
(ii) Requires experience in monitoring work flows and developing local strategies or work practices including training programs for other support staff.
(iii) Experience may be complemented by technical and/or tertiary qualifications. This will be particularly the case in highly specialised areas where a school seeks to provide a high level of specialist support services.
(iv) Several years experience in school administration or equivalent involving direct experience in finance and human resource management.
(v) Must have a comprehensive understanding of the school charter and the role of the position within that charter.
(b) Diversity of Knowledge
(i) Predominantly performs a management role that coordinates tasks, policies, standards, practices and systems within a functional area.
(ii) Possesses reasonable autonomy in determining operational work priorities and schedules against defined plans and priorities. This will include the management and direction of other support staff.
(iii) In specialised areas this position will provide the highest level of expertise.
(c) Technical Support
Appropriate qualifications and experience relating to the category of support.
(d) Professional Support
Appropriate qualifications and experience relating to the category of support.
(e) Client Relations
Required to act on behalf of senior management in the delivery of client services which will involve communication with parents, students, teachers, service providers and the wider school community on operational and policy matters.
(f) Communication
(i) Supervisory positions use sound communication skills to negotiate with staff on matters such as workload, work assessment and counselling within school guidelines and policies. Involvement in performance planning and training needs of staff requires a high level of communication skills.
(ii) This position will be a senior support position in a school and, at times, will be required to act on behalf of senior management in the delivery of school services.
(iii) The level of contribution to management policy within the school requires this position to be able to make recommendations and communicate them effectively within the leadership team and school council.
(g) Complexity of Tasks
(i) Consistently adapts the way work is organised and modifies existing practices.
(ii) Work is broadly defined but will generally fall within a narrow range of disciplines.
(iii) Work issues will need to be resolved with minimal reference to the leadership team. This will regularly involve obtaining the cooperation of other staff and members of the school community to achieve objectives.
(iv) Consideration of the school charter and school policy will impact on work
(h) Reasoning requirements
(i) Day-to-day work issues will need to be resolved with minimal referral to the leadership team unless fundamental issues of school policy or the objectives of the school charter are involved.
(ii) Established procedures and guidelines are usually in place to enable resolution of problems. However, the position will be expected to analyse circumstances and make practical judgments and decisions to solve problems within the parameters of the position.
(iii) The position is expected to provide accurate and strategic advice and recommendations to the leadership team and school council.
(i) Independence & Accountability
(i) Supervisory positions will be expected to plan and coordinate the activities of other support staff. The leadership team will be properly briefed and consulted on issues relating to the management of staff and direction will be provided accordingly.
(ii) Management becomes a key feature at this level with appropriate accountability for the delivery and quality of work undertaken.
(j) Effect of Advice Received
Advice provided to the leadership team is expected to be properly researched and analysed carrying with it a level of expertise relating to the work area. Specialised technical and professional positions will provide expert information and advice that will carry significant weight within the school.
B.7 Education Support - Level 6 (ES 6)
B.7.1 General Work Description – ES 6
This position will be required to manage the finance, human resource and other support functions within the school. The position has responsibility to manage various functions under a wide range of conditions to achieve the objectives set out in the school charter. These objectives will, generally, be clearly defined, guidelines will be broad and day-to-day direction minimal.
There is a clear management focus at this level where the position becomes the ‘expert practitioner’ in respect to the coordination of support services in the school. The principal and school council will rely on this position to ensure appropriate support levels are maintained. Advice and recommendations tendered by this position will contribute significantly to general school policy, particularly in the areas of human resources, finance and facilities. This may also extend to educational programs and projects within the school where there is a high level of specialist professional support provided.
Human resource management would extend to ensuring that objectives set out under the school charter are met. The contribution to the development of these objectives would generally relate to operational issues, although as a human resource practitioner some contribution would be expected in regard to the broader areas of staffing (eg staffing structures, quality assurance, staff welfare and professional development).
Finance management extends to ensuring the school’s financial records and budget objectives are achieved. There will be a requirement to monitor all activity in this area and provide authoritative advice to the principal, school council, teaching staff and/or other members of the leadership team. Such advice would extend to school investments and the efficient use of school funds.
This position will be responsible for the day-to-day supervision and coordination of all school support staff in consultation with the leadership team. It will be required to liaise with school staff to coordinate and determine priorities in relation to support services. The position provides key support and timely advice to the leadership team and school council and undertakes effective liaison with the general school community, the Department of Education and Training and other government agencies and service providers.
Professional categories provide the highest level of expertise within a specific field with a responsibility for the management and delivery of the support service. This may involve providing professional leadership to other professional staff or the management of a key program or project within a school or group of schools.
The main feature, which distinguishes this position from the ES 5 across a wide range of support services, is its management role and accountability for the delivery of a major project or program within a school or group of schools.
B.7.2 Work Features and Skill Requirements – ES 6
(a) Training & Experience
(i) Requires specialist professional and/or technical knowledge, understanding and expertise that would result from many years experience.
(ii) Requires substantial experience in monitoring work flows and developing local strategies or work practices including appropriate training programs relating to group development within a work area.
(iii) Requires experience in the management of programs and/or administration.
(iv) Must have a comprehensive understanding of the school charter and the role of the position within that charter.
(b) Diversity of Knowledge
(i) Management role that coordinates tasks, policies, standards, practices and systems.
(ii) Substantial autonomy in determining operational work priorities and schedules. Parameters will largely be determined by overall school and management policy.
(c) Professional Support
Appropriate qualifications and substantial experience relating to the category of support.
(d) Client Relations
Required to act on behalf of the leadership team in the delivery of client services.
(e) Communication
(i) Communicates with parents, students, teachers, service providers and the wider school community on operational and policy matters. Will need to make regular judgments about how best to undertake this role.
(ii) Requires ability to persuade others to adopt particular procedures, methods or strategies about which there may be conflicting interests and opinions.
(iii) Advice and recommendations have significant influence on senior management and the development of school policy.
(f) Complexity of Tasks
(i) Competencies are applied independently, within broad guidelines, and are related to both routine and non-routine management functions.
(ii) Embraces a range of activities where methods, procedures and processes are established predominantly from precedent.
(iii) Work is usually performed under limited direction against the achievement of broad objectives set down by the principal and school council.
(iv) Consideration of the school charter and school policy will impact on work.
(g) Reasoning Requirements
(i) Judgment is required in planning and selecting appropriate equipment, services, techniques, training and work organisation and the setting of priorities for self and others.
(ii) Requires consideration and analysis of alternative courses of action prior to a choice being made.
(iii) Day-to-day work issues will need to be resolved with minimum reference to senior management unless fundamental issues of school policy or the objectives of the School charter are involved.
(iv) Problem solving may extend to new problems and issues where new methods are required and the availability of advice and guidance is limited.
(h) Independence & Accountability
(i) While work priorities will be determined in consultation with the principal, significant independence is expected in determining the appropriate course of action.
(ii) Responsibility and defined accountability for the management and output of others.
(i) Effect of Advice Received
Advice would directly impact on the operation of a school or a school program.
B.8 Education Support - Level 7 (ES 7)
B.8.1 General Work Description – ES 7
This is a senior management position that will participate in and contribute to development of the policy framework within a school.
The position operates within the established corporate objectives of a school or a group of schools. It provides a range of services and/or undertakes the analysis of complex problems that form part of the policy framework.
Generally, this position will involve the management of support functions across a school or schools where there is substantial diversity in the level of support services required.
The key feature that distinguishes this position from the ES 6 is the overall management responsibilities and level of accountability. This position will, within broad policy objectives, manage the delivery of support services. Within those objectives and policy framework the position will be accountable for the efficient delivery of those services. The breadth of operation is a key aspect.
Senior management will rely on this position to deliver the objectives of the school charter as it impacts on the financial, human resource and general resources of the school.
This position may involve management of a major school or district initiative, project or Department of Education and Training targeted strategy depending on the breadth of the management responsibilities.
B.8.2 Work Features and Skill Requirements – ES 7
(a) Training & Experience
(i) Substantial experience required in the management of support services within an organisation, which extends across general administration, human resources, finance and business management functions.
(ii) Substantial experience in project management.
(b) Diversity of Knowledge
(i) Substantial knowledge of procedures relating to management of human resources, finance and delivery of support services within schools.
(ii) Must have a comprehensive understanding of the school charter and requirements of the position within that charter.
(iii) Must have a thorough understanding and appreciation of school culture.
(c) Professional Support
Appropriate qualifications and substantial experience relating to the category of support.
(d) Client Relations
Accountable for client relations in relation to school administration and operations.
(e) Communication
As part of the leadership team this position is expected to be able to communicate and influence the leadership team and professional staff (teachers and other professional categories) in the development of policy for support services and management of school resources.
(f) Complexity of Tasks
(i) Work will need to be adapted to ensure support services are provided across a broad area. This will need to take account of school policy and the requirements and priorities of other staff within the school.
(ii) Provides consultancy services to school with respect to support services and school operations.
(g) Reasoning Requirements
(i) Adapts and modifies guidelines and introduces new systems, methods and processes to ensure operational objectives are achieved.
(ii) High level problem solving abilities are required.
(h) Independence & Accountability
(i) Influences the development of operational strategies and resource allocation and provides advice which initiates new developments in policy, practice and precedent.
(ii) Position is given only broad direction in relation to work priorities and practices.
(i) Effect of Advice Received
Advice will directly impact on the operation of the school or school program.
Schedule C—Supported Wage System
[Varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]
C.1 This schedule defines the conditions which will apply to Employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an Employee is engaged
supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS means Supported Wage System
SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the Employee’s productive capacity and agreed wage rate
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the Employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing Employee who has a claim against the Employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of Employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause C.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[C.4.2 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.4.2 Provided that the minimum amount payable must be not less than $106 per week.
C.4.3 Where an Employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the Employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the Employer and Employee and, if the Employee so desires, a union which the Employee is eligible to join.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the Employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the Employee, must be lodged by the Employer with the Fair Work Commission.
C.6.2 All SWS wage assessment agreements must be agreed and signed by the Employee and Employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
C.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An Employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the Employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the Employee’s capacity to be made, an Employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[C.10.3 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.10.3 The minimum amount payable to the Employee during the trial period must be no less than $106 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.10.5 Where an Employer and an Employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.
Schedule D—National Training Wage
[Varied by PR592253, PR606480, PR707599, PR718972, PR729419, PR740844, PR762263, PR774048]
D.1 Title
This is the National Training Wage Schedule.
D.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) lude any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an Employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an Employer and an Employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
D.3 Coverage
D.3.1 Subject to clauses D.3.2 to D.3.6 of this schedule, this schedule applies in respect of an Employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix D1 to this schedule or by clause D.5.4 of this schedule.
D.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
D.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the Employee.
D.4 Types of Traineeship
The following types of traineeship are available under this schedule:
D.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
D.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
D.5 Minimum Wages
[D.5 substituted by PR592253, PR606480, PR707599, PR718972, PR729419, PR740844, PR762263, PR774048 ppc 01Jul24]
D.5.1 Minimum wages for full-time traineeships
Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
522.20 |
|
Plus 1 year out of school |
439.00 |
522.20 |
607.70 |
|
Plus 2 years out of school |
522.20 |
607.70 |
707.20 |
|
Plus 3 years out of school |
607.70 |
707.20 |
809.70 |
|
Plus 4 years out of school |
707.20 |
809.70 |
|
|
Plus 5 or more years out of school |
809.70 |
|
|
(b) Wage Level B
Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
Per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
585.40 |
|
Plus 2 years out of school |
508.90 |
585.40 |
686.60 |
|
Plus 3 years out of school |
585.40 |
686.60 |
783.00 |
|
Plus 4 years out of school |
686.60 |
783.00 |
|
|
Plus 5 or more years out of school |
783.00 |
|
|
(c) Wage Level C
Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
575.50 |
|
Plus 2 years out of school |
508.90 |
575.50 |
642.90 |
|
Plus 3 years out of school |
575.50 |
642.90 |
716.10 |
|
Plus 4 years out of school |
642.90 |
716.10 |
|
|
Plus 5 or more years out of school |
716.10 |
|
|
(d) AQF Certificate Level IV traineeships
(i) Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause D.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per week |
per week |
|
|
$ |
$ |
|
Wage Level A |
840.40 |
872.30 |
|
Wage Level B |
812.80 |
843.70 |
|
Wage Level C |
743.40 |
771.50 |
D.5.2 Minimum wages for part-time traineeships
Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
17.17 |
|
Plus 1 year out of school |
14.44 |
17.17 |
19.99 |
|
Plus 2 years out of school |
17.17 |
19.99 |
23.26 |
|
Plus 3 years out of school |
19.99 |
23.26 |
26.64 |
|
Plus 4 years out of school |
23.26 |
26.64 |
|
|
Plus 5 or more years out of school |
26.64 |
|
|
(b) Wage Level B
Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
19.26 |
|
Plus 2 years out of school |
16.75 |
19.26 |
22.59 |
|
Plus 3 years out of school |
19.26 |
22.59 |
25.76 |
|
Plus 4 years out of school |
22.59 |
25.76 |
|
|
Plus 5 or more years out of school |
25.76 |
|
|
(c) Wage Level C
Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
18.92 |
|
Plus 2 years out of school |
16.75 |
18.92 |
21.15 |
|
Plus 3 years out of school |
18.92 |
21.15 |
23.55 |
|
Plus 4 years out of school |
21.15 |
23.55 |
|
|
Plus 5 or more years out of school |
23.55 |
|
|
(d) School-based traineeships
Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix D1 are as follows when the trainee works ordinary hours:
|
Year of schooling |
||
|
Year 11 or lower |
Year 12 |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
|
13.11 |
14.44 |
|
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
Wage Level A |
27.65 |
28.69 |
|
Wage Level B |
26.74 |
27.75 |
|
Wage Level C |
24.45 |
25.38 |
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
D.5.3 Other minimum wage provisions
(a) An Employee who was employed by an Employer immediately prior to becoming a trainee with that Employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the Employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix D1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
D.6 Employment conditions
D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
D.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
D.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the Employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part‑time trainees whose approved training is fully off-the-job is determined by clause D.5.2(f)(ii) and not by this clause.
D.6.4 Subject to clause D.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix D1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
D1.1 Wage Level A
|
Training package |
AQF certificate level |
|
Aeroskills |
II |
|
Aviation |
I |
|
Beauty |
III |
|
Business Services |
I |
|
Chemical, Hydrocarbons and Refining |
I |
|
Civil Construction |
III |
|
Coal Training Package |
II |
|
Community Services |
II |
|
Construction, Plumbing and Services Integrated Framework |
I |
|
Correctional Services |
II |
|
Drilling |
II |
|
Electricity Supply Industry—Generation Sector |
II |
|
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
|
Electrotechnology |
I |
|
Financial Services |
I |
|
Floristry |
III |
|
Food Processing Industry |
III |
|
Gas Industry |
III |
|
Information and Communications Technology |
I |
|
Laboratory Operations |
II |
|
Local Government (other than Operational Works Cert I and II) |
I |
|
Manufactured Mineral Products |
III |
|
Manufacturing |
I |
|
Maritime |
I |
|
Metal and Engineering (Technical) |
II |
|
Metalliferous Mining |
II |
|
Museum, Library and Library/Information Services |
II |
|
Plastics, Rubber and Cablemaking |
III |
|
Public Safety |
III |
|
Public Sector |
II |
|
Pulp and Paper Manufacturing Industries |
III |
|
Retail Services (including wholesale and Community pharmacy) |
III |
|
Telecommunications |
II |
|
Textiles, Clothing and Footwear |
III |
|
Tourism, Hospitality and Events |
I |
|
Training and Assessment |
III |
|
Transport and Distribution |
III |
|
Water Industry (Utilities) |
III |
D1.2 Wage Level B
|
Training package |
AQF certificate level |
|
Animal Care and Management |
I |
|
Asset Maintenance |
I |
|
Australian Meat Industry |
I |
|
Automotive Industry Manufacturing |
II |
|
Automotive Industry Retail, Service and Repair |
I |
|
Beauty |
II |
|
Caravan Industry |
II |
|
Civil Construction |
I |
|
Community Recreation Industry |
III |
|
Entertainment |
I |
|
Extractive Industries |
II |
|
Fitness Industry |
III |
|
Floristry |
II |
|
Food Processing Industry |
I |
|
Forest and Forest Products Industry |
I |
|
Furnishing |
I |
|
Gas Industry |
I |
|
Health |
II |
|
Local Government (Operational Works) |
I |
|
Manufactured Mineral Products |
I |
|
Metal and Engineering (Production) |
II |
|
Outdoor Recreation Industry |
I |
|
Plastics, Rubber and Cablemaking |
II |
|
Printing and Graphic Arts |
II |
|
Property Services |
I |
|
Public Safety |
I |
|
Pulp and Paper Manufacturing Industries |
I |
|
Retail Services |
I |
|
Screen and Media |
I |
|
Sport Industry |
II |
|
Sugar Milling |
I |
|
Textiles, Clothing and Footwear |
I |
|
Transport and Logistics |
I |
|
Visual Arts, Craft and Design |
I |
|
Water Industry |
I |
D1.3 Wage Level C
|
Training package |
AQF certificate level |
|
Agri-Food |
I |
|
Amenity Horticulture |
I |
|
Conservation and Land Management |
I |
|
Funeral Services |
I |
|
Music |
I |
|
Racing Industry |
I |
|
Rural Production |
I |
|
Seafood Industry |
I |
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