T11439

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Tasmanian Catholic Education Employees' Association
(T11439 of 2004)

CATHOLIC EDUCATION AWARD

DEPUTY PRESIDENT SHELLEY

HOBART, 2 July 2004

Award variation - consent matter - application granted - award varied - operative date ffpp on or after 1 June 2004

REASONS FOR DECISION

[1] On 8 April 2004, an application was lodged by the Tasmanian Catholic Education Employees' Association, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Catholic Education Award. The application sought to vary and update the entire award.

[2] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Thursday 20 May 2004 at 10.30 am and continued on Friday 4 June 2004 at 9.30 am. On both of these dates Ms A Briant appeared for the Tasmanian Catholic Education Employees' Association with Mr C Smallbane. Ms J Thomas of the Tasmanian Chamber of Commerce and Industry Limited appeared with Sister M Kelly.

[3] The hearing on 20 May 2004 was adjourned so that the parties could discuss changes to the award regarding part-time workers and reduction of hours.

[4] At the hearing on 4 June 2004 the parties agreed to all of the changes. The changes are detailed in Appendix 1 - Summary of Changes of the award attached to this decision.

[5] The award will be varied in the manner sought. The variations are consistent with the Wage Fixing Principles and the public interest requirements of the Act.

[6] The order reflecting this decision, with an operative date of 1 June 2004, is attached.

P C Shelley
DEPUTY PRESIDENT

Appearances:
Ms A Briant and Mr C Smallbane for the Tasmanian Catholic Education Employees' Association
Mr J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2004
May 20, June 4
Hobart

Appendix 1.

SUMMARY OF CHANGES TO THE CATHOLIC EDUCATION AWARD

Previous Award Clause	New Award Clause
Part 1 - Application and Operation of the Award
1. Title
2. Index	Part II - EMPLOYMENT AND ASSOCIATED MATTERS Clause 1. Amendment to reflect change in name to School Support Employees. Part III - SALARIES AND RELATED MATTERS. Clause 1. Classification Descriptors subclause (b) Exemplary Classroom Teacher (ECT) of the previous award deleted and remaining subclauses renumbered in the new Award. Subclause (c) of the previous Award amended at Subclause (b) of the new Award to reflect change of name to School Support and Utility Employees included as (b) (iii). Clause 2. Salaries. Subclause (a) Non-Teaching employee of the previous Award renamed School Support employee at (a) in the new Award. Teacher Aide at (a) (ii) in the previous Award amended to Teacher Assistant (a) (ii) in the new Award. Utility Employees added to new Award at (a) (v). Exemplary Classroom Teacher at (b) (ii) of the previous Award deleted and Teachers renumbered as (b) (ii) in the new Award. Clause 3. Minimum Wage. - relocated from Clause 8 of the previous Award to Clause 3 of the new Award. Clause 4. Supported Wage System - renumbered. Clause 5. Payment of Salary - renumbered. Clause 6. Reclassification - added. Clause 7. Calculation of Experience - Clause 5 Calculation of Experience - Non-Teaching Employees from the previous Award, renamed as Calculation of Experience - School Support Employees and renumbered as Clause 7 in the new Award. Clause 8. Calculation of Entitlements - Part-time Teachers renumbered. Clause 9. Calculation of Experience - Teachers -renumbered. Clause 10. Salary Sacrifice to Superannuation - added. Clause 11. Superannuation - added. Part IV - ALLOWANCES Clause 2. Work Related Allowances. Subclause (b) Higher Duty Allowance - Non Teaching Employees renamed Higher Duty Allowance - School Support Employees. Subclause (e) Tool Allowance added. Part V - HOURS OF WORK AND OVERTIME Clause 2. Hours of Work - Non Teaching employees in the previous Award renamed Hours of Work -School Support Employees in the new Award. Clause 4. Overtime - Non-Teaching employees in the previous Award renamed Overtime-School Support employees in the new Award. Clause 5. Rest Periods - Non-Teaching employees in the previous Award renamed Rest Periods -School Support Employees in the new Award. Part VI - LEAVE AND HOLIDAYS WITH PAY. Clause 2. Annual Leave (a) Non-Teaching employees in the previous Award renamed (a) School Support employees in the new Award. Clause 6. Special Leave With Pay renumbered as: (c) Paternal Leave, (d)(i) Board or Committee Meetings, (ii) Medical Examination for Military Service (iii) National Representation for Sport With (c) Jury Service of the previous Award relocated to Clause 7 (c) in the new Award. Clause 7.Special Leave - Without Pay renumbered as: (a) General (b) Defence Force Leave (c) Jury Service (d) Unpaid Carer's Leave
3. Scope	Amended to reflect inclusion of utility employees
4. Date of Operation	Amended to reflect operation of this Award.
5. Award Interest	No change
6. Supersession	Amended to reflect incorporating and superseding The Catholic Education Award No 2 of 2000 (Consolidated) and includes Award variations Nos. 1,2 and 3 of 2003.
7. General Definitions	The following general definitions contained therein expanded to include: classroom administration equivalent qualifications or equivalent course leadership course; registered teacher; school support employee; utility employee. The following general definitions reworded: Assistant to the Principal; Deputy Principal; full time equivalent (FTE); librarian; library technician; positions of responsibility including meaning and with conditions redrafted and notation altered; Qualifications; Relief Teacher; School Year; Subject Co-ordinator; Tasmanian Catholic Teachers Certificate (TCTC); Teacher; Teacher Administrator; Teacher Assistant; Teacher Librarian; Trained Teacher; Untrained Teacher; Year Co-ordinator. The following general definitions amended to delete classification descriptors of positions of responsibility from the previous award and move them to a more appropriate position in the current award:- Religious Education Co-ordinator Class 1 REC, Class 2 REC, moved to Part IV - ALLOWANCES, Clause 2 Work Related Allowances Subclause (d) (ii) (1) Classification. Class 1,2 and 3 TA moved to Part IV - ALLOWANCES, Clause 2 Work Related Allowances, subclause (d) (iv) (1) Classification. Year Co-ordinator Class 1, Class 2, Class 3 moved to Part IV - ALLOWANCES, Clause 2, subclause (d) (iii) (1) Classification.
Part II - Employment Relationship and Associated Matters
1. Contract of employment - Non-teaching employees		Clause 1.Contract of Employment Non-Teaching Employees of the previous Award changed to Contract of Employment School Support Employees in the new Award and expanded to include additional subclauses (a) (g) (h) (i) and (j)(iii) with subsequent renumbering. Redrafted subclause (a) (b) and (f) of the previous award.
2. Contract of Employment - Teachers		Clause 2. Contract of Employment - Teachers expanded to include additional subclauses (a)(d)(q)(s) and (t) in the new Award and renumbered. Subclause (b) of the previous award redrafted at (c) of the new award. Subclause (c) of the previous Award redrafted at Subclause (e) of the new Award. Subclause (d) of the previous award redrafted at (f) of the new award.
3. Days of attendance - teachers		No changes
Part III - Salaries and Related Matters
1. Classification Descriptors
(a) Deputy Principal		Deputy Principal with (ii) Qualifications amended.
(b) Exemplary Classroom Teachers (ECT)		Deletion of Classification Descriptors for (b) Exemplary Classroom Teacher from the previous award.

(c) Non-teaching employees			renamed as School Support Employees at (b) in the new Award.
(i) Clerical, secretarial and administrative employees
(ii) Teaching Support Employees			Teaching Support Employees - Expanded to include at (iii) Utility Employees from Agreement T8820 of 2000 The Tasmanian Catholic Education School Utility Employees Agreement 1999.
(d) Teachers			Subclause (c) Teachers renumbered Subclause (vi) Progression on Upgrading of Qualifications has the internal referencing amended.
2. Salaries			Salary categories contained in the previous Award are amended to all those contained in the Catholic Education Agreement T10784 of 2003 All salaries of the previous Award amended to those from T10784 of 2003, The Tasmanian Catholic Education Agreement 2003. Subclauses renumbered and cross referencing amended where appropriate.
(a) Non-teaching employee			changed to School Support Employee
(i) Clerical, secretarial and administrative employees
(ii) Teacher Aide			Re-named as Teacher Assistant
(iii) Teaching Support Employee
(iv) Junior Employee
(b) Teaching Employees
(i) Deputy Principal			Expanded Deputy Principal
(ii) Exemplary Classroom Teacher			Exemplary Classroom Teacher Salaries deleted
(iii) Teachers
3. Supported Wage			Supported Wage System. As per Award Variation T10927 of 2003 and renumbered as Clause 4.
4. Payment of Salary			Renumbered as Clause 5 and redrafted at Subclause (e).
5. Calculation of experience - Non-teaching employees			Amended to reflect name change and renumbered as Clause 7
6. Calculation of entitlements - part-time teachers			Re-numbered Clause 8 and amended at subclause (a)
7. Calculation of experience - teachers			Calculation of Experience - Teacher. Renumbered as Clause 9 and redrafted with (a) and (c) of the previous Award contained in (a)(b) and (c) of the new Award and subsequent renumbering of subclauses. Subclause (e) of the previous Award has been expanded at (f) in the new Award, a new Subclause (g) has been added to the new Award and Subclause (h) of the new Award replaces Subclause (f) of the previous Award.
8. Minimum Wage			Re-numbered Clause 3
			New Clause 6 - Re-classification
			New Clause - Salary Sacrifice to Superannuation added to this award as Clause 10 and all current Salary Sacrifice Agreements T6883, T7391, T7392, T7393, T7394 and T7420 of 1997, T7850, T8059 and T8111 of 1998, T8399 of 1999and T9836 of 2001. Consolidated in this clause.
			New Clause 11 - Superannuation
Part IV - Allowances
1. Cost-related allowances	Renumbered subclauses and amended cross-referencing where appropriate.
(a) Meal
(b) Travel	amended to reflect name change to School Support Employees.
2. Work Related Allowances	Amended all allowances to those contained in T10509 of 2002 - The Tasmanian Catholic Education Salaries Allowances and Conditions Agreement Number 2 of 2002
(a) First Aid Allowance	Amended to that contained in T10509 of 2002 - The Tasmanian Catholic Education Salaries Allowances and Conditions Agreement Number 2 of 2002
(b) Higher Duty Allowance - Non- teaching employees	Amended to reflect name change to School Support Employees
(c) Librarian allowance	Amended to that contained in T10509 of 2002 - The Tasmanian Catholic Education Salaries Allowances and Conditions Agreement Number 2 of 2002
(d) Positions of Responsibility Allowances
(i) (Assistant to the Principal	Amended to that contained in T10509 of 2002 - The Tasmanian Catholic Education Salaries Allowances and Conditions Agreement Number 2 of 2002 Redrafted qualifications for Assistant to the Principal at (d)(i)(1) and amended wording at (2).
(ii) Religious Education Co- ordinator (REC)	Amended to that contained in T10509 of 2002 - The Tasmanian Catholic Education Salaries Allowances and Conditions Agreement Number 2 of 2002 Added Classification subclauses to Religious Education Co-ordinator (d)(ii)(1) relocated from General Definitions Part 1 - APPLICATION AND OPERATION OF THE AWARD Clause 7
(iii) Subject or Year Co- ordinator	Amended to that contained in T10509 of 2002 - The Tasmanian Catholic Education Salaries Allowances and Conditions Agreement Number 2 of 2002 Added Classification subclauses)Subject or Year Co-ordinator (d)(iii)(1) relocated from General Definitions Part 1 - APPLICATION AND OPERATION OF THE AWARD Clause 7
(iv) Teacher Administrator	Amended to that contained in T10509 of 2002 - The Tasmanian Catholic Education Salaries Allowances and Conditions Agreement Number 2 of 2002 Added Classification subclauses Teacher Administrator (d)(vi)(1) relocated from General Definitions Part 1 - APPLICATION AND OPERATION OF THE AWARD Clause 7
	New subclause (e) Tool Allowance
Part V - Hours of Work and Overtime
1. Extra-curricular/Co- curricular Activities
2. Hours of Work - Non teaching employees	Hours of Work - School Support Employees. Amended to reflect name change.
(a) Full-time employees
(b) Limited tenure employees
(c) Part-time Employees	Redrafted sub-subclause(i), (ii) and (iv) of subclause (c) Part-Time Employees.
(d) Relief Employees
(e) Replacement Employees	Redrafted subclause (e) Replacement employees and relocated (ii) (1) - (4) from the previous award to Part II - CONTRACT OF EMPLOYMENT Clauses 1 (i).
(f) Special Funding Employees
3. Hours of Work - teachers	Amended subclause (d)(i) to reflect change in cross reference Subclauses (f) amended with Subclauses moved to Part II - CONTRACT OF EMPLOYMENT, Clause 2 Subclause (u) in the new Award and redrafted. Subclause (g) redrafted. Amended Subclause (iv) in the previous Award at (iii) in the new Award and added a new Subclause at (iv).
(a) Full-time Employees - Primary Schools	Redrafted Subclause (a)(ii) and (a)(ii)(1). Deleted Subclause (iii) from the previous Award,
(b) Full-time employees - Secondary Schools
(c) Limited tenure Employees - primary and Secondary Schools
(d) Part-time employees - Primary and Secondary Schools
(e) Relief Employees - Primary and Secondary Schools
(f) Replacement Employees - Primary and Secondary Schools
(g) Specially Funded Employees - Primary and Secondary Schools
4. Overtime - Non- teaching Employees	Overtime - School Support Employees. Amended to reflect name change.
5. Rest Periods - Non- teaching Employees	Rest Periods - School Support Employees. Amended to reflect name change.
Part VI - Leave and Holidays with Pay
1. Holidays with Pay
2. Annual Leave		Relocated (iv) from part V - HOURS OF WORK AND OVERTIME (1) Annual Leave and (2) Sick Leave formula from the previous award to the appropriate clauses in Part VI - LEAVE AND HOLIDAYS WITH PAY, 2(a)(ii) and 5(i).
(a) Non-teaching Employees		Subclause (a) redrafted and renumbered to take account of the change in name, the addition of (ii)in the new Award and the amendment of (vi)(2) of the previous Award at (viii), Annual Leave Loading, in the new Award.
(b) Teachers		Redrafted added to and renumbered to take account of the `Easter Break', the change in definition of `School Year' and the granting of pro rata Annual Leave Loading.
3. Examination Leave
4. Parental Leave
5. Sick Leave		Redrafted subclause (a)(i) and (ii) to reflect employer definition. Redrafted to include Sick Leave formulae for part-time employees and change of name at (i) to take account of subclauses moved from Part V - HOURS OF WORK AND OVERTIME, Clause 2 Subclauses (c)(iv)(2) of the previous Award. Subclause (j) added to the new Award.
6. Special Leave - with pay
(a) Carer's Leave
(b) Compassionate Leave
(c) Jury service		Redrafted
(d) Paternal Leave		Re-numbered as (c)
(e) (i) Board or Committee meetings		Re-numbered as (d)
(ii) Medical Examination for Military Service
(iii) National representation for Sport
7. Special Leave - Without Pay		Special Leave Without Pay redrafted with addition of subclause (a) General and with a new sub-subclause (c) Jury Service moved from Clause 6 of the previous Award and amended at (iii). Subclauses renumbered
8. Trade Union Training Leave
Part VII - Consolation and Dispute Resolution
1. Dispute Settling Procedure
2. Enterprise Flexibility

This page was last modified on 16th December 2004.