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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 working under an award that provides for a 38 hour week is $746.90 per week.
The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38 hour week is calculated as follows: divide $746.90 by 38 and multiply by the number of ordinary hours prescribed for a full time employee under the award.
The minimum adult award wage is payable on and from the commencement of the first pay period on or after 1 July 2019.
(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 aged 21 or more 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 (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(a) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs 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.
(6) 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.
(7) 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.
(8) 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 2019 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.
(9) Adult Apprentices
(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38 hour week is $638.20 per week.
(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38 hour week is calculated as follows: divide $638.20 by 38 and multiply by the number of ordinary hours prescribed for a full time apprentice under the award.
(c) The minimum adult apprentice wage is payable on and from the commencement of the first pay period on or after 1 July 2019.
(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.
(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.
(f) 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.
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 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 and/or the Principals’ Federation of Western Australia.
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 exclud