Teachers (Public Sector Primary and Secondary Education ...forms.wairc.wa.gov.au/awards/TEA007/p21

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Transcript of Teachers (Public Sector Primary and Secondary Education ...forms.wairc.wa.gov.au/awards/TEA007/p21

  • Teachers (Public Sector Primary and Secondary Education)

    Award 1993

    PART 1. – APPLICATION OF AWARD

    1. – TITLE

    This Award shall be known as the Teachers (Public Sector Primary and Secondary Education) Award 1993 and

    shall supersede and replace the following Awards so far as they apply to employees and the Employer now

    covered by this Award.

    Government School Teachers' Salaries Award 1981.

    Government School Teachers' General Conditions Award 1986.

    The Government School Teachers' Travelling, Transfer, Relieving and Removal Allowances Award 1984.

    Government School Teachers' (Education Department) Locality Allowances Award 1984.

    1B. MINIMUM ADULT AWARD WAGE

    (1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise

    provided by this clause.

    (2) The minimum adult award wage for full-time employees aged 21 or more is $665.90 per week payable

    on and from the commencement of the first pay period on or after 1 July 2014.

    (3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

    (4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece

    workers or employees who are remunerated wholly on the basis of payment by result shall not be paid

    less than pro rata the minimum adult award wage according to the hours worked.

    (5) Employees under the age of 21 shall be paid no less than the wage determined by applying the

    percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

    (6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or

    Jobskill placements or employed under the Commonwealth Government Supported Wage System or to

    other categories of employees who by prescription are paid less than the minimum award rate, provided

    that no employee shall be paid less than any applicable minimum rate of pay prescribed by the

    Minimum Conditions of Employment Act 1993.

    (7) Liberty to apply is reserved in relation to any special category of employees not included here or

    otherwise in relation to the application of the minimum adult award wage.

    (8) Subject to this clause the minimum adult award wage shall –

    (a) Apply to all work in ordinary hours.

    (b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments

    during any period of paid leave and for all purposes of this award.

    (9) Minimum Adult Award Wage

  • The rates of pay in this award include the minimum weekly wage for employees aged 21 or more

    payable under the 2014 State Wage order decision. Any increase arising from the insertion of the

    minimum wage will be offset against any equivalent amount in rates of pay received by employees

    whose wages and conditions of employment are regulated by this award which are above the wage

    rates prescribed in the award. Such above award payments include wages payable pursuant to

    enterprise agreements, consent awards or award variations to give effect to enterprise agreements and

    over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

    Increases under previous State Wage Case Principles or under the current Statement of Principles,

    excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

    (10) Adult Apprentices

    (a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not

    be paid less than $572.20 per week on and from the commencement of the first pay period on

    or after 1 July 2014.

    (b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on

    superannuation and during any period of paid leave prescribed by this award.

    (c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the

    ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual

    year of apprenticeship.

    (d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult

    apprentice in force immediately prior to 5 June 2003.

    2. – ARRANGEMENT

    PART 1. – APPLICATION OF AWARD

    1. – Title

    1B. – Minimum Adult Award Wage

    2. – Arrangement

    3. – Area of Operation and Scope

    4. – Term of Award

    5. – Definitions

    PART 2. – CONTRACT AND MODES OF EMPLOYMENT

    6. – General Employment

    7. – Permanency and Tenure

    8. – Probation

    9. – Part-Time Employment

    10. – Casual Employment

    11. – Termination of Employment

    PART 3. – TEACHERS

    12. – Teachers – Duties, Responsibilities and Attendance Hours

    13. – Teachers – Face to Face Teaching

    14. – Teachers – Duties Other Than Teaching (Dott) Time

    15. – Teacher Career/Classification Structure

    PART 4. – SCHOOL ADMINISTRATORS

    16. – School Administrators – Duties And Responsibilities

    17. – Commencement of School Year

  • PART 5. – DIRECTORS SCHOOLS

    18. – Directors Schools

    PART 6. – EDUCATION AND SCHOOL DEVELOPMENT OFFICERS

    19. – Education and School Development Officers

    PART 7. – SCHOOL PSYCHOLOGISTS, SENIOR SCHOOL PSYCHOLOGISTS AND ADVANCED

    SKILLS SCHOOL PSYCHOLOGISTS

    20. – School Psychologists

    PART 8. – SWIMMING INSTRUCTORS

    21. – Swimming Instructors

    PART 9. – SALARIES AND INCREMENTS

    22. – Salaries

    23. – Payment of Salaries

    24. – Recovery of Overpayments

    25. – Salary Packaging

    26. – Annual Increments

    27. – Annualisation of Summer Vacation Loading

    PART 10. – PUBLIC HOLIDAYS AND LEAVE OF ABSENCE

    28. – Public Holidays

    29. – Bereavement Leave

    30. – Candidates for Parliament 31. – Carer’s Leave

    32. – Cultural/Ceremonial Leave

    33. – Defence Force Reserve Leave

    34. – Emergency Services Leave

    35. – International Sporting Events Leave

    36. – Leave Without Pay

    37. – Local Government Leave

    38. – Long Service Leave

    39. – Parental Leave

    40. – Short Leave

    41. – Sick Leave

    42. – Student Vacation Periods and Annual Leave

    43. – Study/Examination Leave

    44. – Witness and Jury Service

    45. – Workers' Compensation – Effect on Leave

    PART 11. –ASSOCIATED ALLOWANCES

    46. – Acting Appointments for Salary Increments

    47. – Allowances Payable on Appointment, Promotion or Transfer

    48. – Camping Allowance

    49. – Country Incentives Allowance

    50. – Disturbance Allowance

    51. – Excess Travelling Allowance

    52. – Higher Duties Allowance

    53. – Locality Allowance

    54. – Motor Vehicle Allowance

    55. – Property Allowance

    56. – Relieving Allowance

  • 57. – Removal Allowance

    58. – Student Vacation Travel Concessions

    59. – Travelling Allowance

    PART 12. – CONSULTATION AND DISPUTE RESOLUTION

    60. – Notification of Change

    61. – Union Facilities for Union Representatives

    62. – Leave to Attend Union Business

    63. – Trade Union Training Leave

    64. – Right of Entry and Inspection by Authorised Representatives

    65. – Keeping of and Access to Employment Records

    66. – Dispute Settlement Procedure

    PART 13. – SCHEDULES

    Schedule A – Parties

    Schedule B – Salaries

    Schedule C – Travelling, Transfer and Relieving Allowance

    Schedule D – Camping Allowance

    Schedule E – Locality Allowance

    Schedule F – Motor Vehicle Allowance

    Schedule G – Student Vacation Travel Concessions

    3. – AREA OF OPERATION AND SCOPE

    (1) This Award shall apply throughout the State of Western Australia.

    (2) This Award shall apply to employees who are employed pursuant to section 235 of the School

    Education Act 1999 (WA) by the Director General for the Department of Education & Training of Western Australia in the classifications outlined in section 237 of the School Education Act 1999 (WA)

    and Regulations 127 and 127A of the School Education Regulations 2000 who are members or are

    eligible to be members of the State School Teachers' Union of WA Inc.

    4. – TERM OF AWARD

    This Award shall operate from 25 February 1993 and shall remain in force for a period of one year.

    5. – DEFINITIONS

    In this Award unless otherwise specified:

    “Act” means the School Education Act 1999 as amended and any regulations made under the Act or successor

    legislation;

    “Approved” means approved by the Employer;

    “Award” means the Teachers (Public Sector Primary and Secondary Education) Award 1993;

    “Base Salary” or “Base Rate” means an employee’s annual salary excluding allowances and any other

    additional payments;

    “Casua