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SCHEDULE 1 - TITLE This agreement shall be known as the Swan

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SCHEDULE 1 - TITLE This agreement shall be known as the Swan Powered By Docstoc
					                                          SCHEDULE

                                           1. - TITLE

This agreement shall be known as the Swan Christian Education Association Inc. (Enterprise
Bargaining) Agreement 2002 and shall replace the Swan Christian Education Association Inc.
(Enterprise Bargaining) Agreement 2000.

                                     2. - ARRANGEMENT

1.    Title
2.    Arrangement
3.    Parties to the Agreement
4.    Scope of Agreement
5.    Date and Duration of Agreement
6.    Expiration of Agreement
7.    Relationship to Parent Award
8.    Single Bargaining Unit
9.    Objectives
10.   Salary Rates
11.   Agreed Efficiency Improvements
12.   Agreed Entitlements
13.   Remuneration Package
14.   Redundancy Provisions
15.   Other Matters
16.   No Reduction
17.   No Further Claims
18.   No Precedent
19.   Dispute Resolution Procedure
20.   Signatories

                             3. - PARTIES TO THE AGREEMENT

(1)    This agreement is made between the Swan Christian Education Association Inc. (SCEA)
       and The Independent Schools Salaried Officers’ Association of Western Australia, Industrial
       Union of Workers (the ISSOA) a registered organisation of employees (the parties).

(2)    The SCEA administers Armadale Christian College, Beechboro Christian School,
       Ellenbrook Christian College, Kalamunda Christian School, Midland Christian School,
       Mundaring Christian School and Swan Christian College, (the schools).

                                 4. - SCOPE OF AGREEMENT

(1)    This agreement shall apply to all teachers employed by the SCEA who are covered by the
       provisions of the scope of the Independent Schools’ Teachers’ Award 1976 (the award).

(2)    The number of employees covered by this agreement is 140.

                        5. - DATE AND DURATION OF AGREEMENT

This agreement shall come into effect on the 1 January 2002 and shall apply until 31st December
2003.
Verified March 2002                                                                             1
                               6. - EXPIRATION OF AGREEMENT

On the expiration of this agreement, and in the absence of the registration of a subsequent enterprise
agreement, the provisions of this agreement shall apply until such time as a new agreement is
registered and takes effect.

                           7. - RELATIONSHIP TO PARENT AWARD

(1)    This agreement shall be read and interpreted in conjunction with the award.

(2)    Where there is any inconsistency between this agreement and the award, this agreement will
       prevail to the extent of the inconsistency.

                                8. - SINGLE BARGAINING UNIT

(1)    Parties to this agreement have formed a single bargaining unit.

(2)    The single bargaining unit has conducted negotiations with representatives of teachers in the
       schools and with representatives of the SCEA.

                                         9. - OBJECTIVES

In reaching this agreement the parties have recognised the need to:

(1)    Consolidate and develop further, initiatives arising out of the award restructuring process.

(2)    Accept a mutual responsibility to maintain a working environment which will ensure that
       SCEA and its teachers become genuine participants and contributors to the Schools’ aims,
       objectives and philosophy.

(3)    Safeguard and improve the quality of teaching and learning by emphasising the upgrading of
       professional skills and knowledge. SCEA and the teachers acknowledge that this upgrading
       of skills and experience can best occur when both the School and teachers share
       responsibility for professional development by undertaking both in-service and external
       courses and training partly during school time and partly during the teachers’ time.

(4)    Ensure that all teachers meet and continue to meet the Christian criteria for membership of
       SCEA as it applies to members with voting rights.

(5)    Recognise that the SCEA schools are established and maintained to give access to
       affordable Christian Education to as wide a cross-section of the community as possible.

(6)    Acknowledge that SCEA schools facilitate the constructive involvement of parents in the
       life of the schools and exist to provide learning and teaching opportunities that will support
       the Christian ethos of SCEA and its member families.

(7)    Acknowledge that each school is managed within the SCEA policy framework
       supplemented by policies of the relevant school.

                                      10. - SALARY RATES

(1)    The minimum annual rate of salary payable to teachers engaged in the classifications
       prescribed in Clause 11. - Salaries of the award shall be:
Verified March 2002                                                                       2
                        Step          From 1        From 1 August 2003
                                    August 2002
                                    Per Annum            Per Annum
                                         $                    $
                             1        28,791               29,511
                             2        30,716               31,484
                             3        34,786               35,656
                             4        36,750               37,669
                             5        38,206               39,162
                             6        40,498               41,510
                             7        42,066               43,118
                             8        43,962               45,061
                             9        47,050               48,226
                            10        48,496               49,709
                            11        50,503               51,766
                            12        52,225               53,530
                            13        54,292               55,649

Explanatory Notes:
Step 1:      Entry level for teachers not elsewhere provided for.
Step 3:      Entry level for two or three year trained teacher.
Step 5:      Entry level for four year trained teacher.
Step 6:      Entry level for a four year trained teacher also holding a second or higher degree. A
             second or higher degree shall mean to include a graduate diploma or a degree at
             honours level.
Step 9:      Maximum level for three year or less trained teacher.
Step 13      Maximum level for four year or more trained teacher.

(2)    In the event of any safety net adjustment being applied to the award, such adjustment shall
       be absorbed into the salary rates prescribed by this agreement.

                     11. - AGREED EFFICIENCY IMPROVEMENTS

(1)    Probationary Appointment

       (a)    All new appointees including teachers appointed to promoted positions, are on
              probation for up to two years. A permanent appointment or contract for greater than
              two years shall not occur unless the appointee’s position is ratified following a
              summative appraisal.

       (b)    All appointees to a SCEA School are subject to a ratification appraisal before they
              can be confirmed as permanent. Ratification may take place at any time up to the
              end of the second year.

(2)    Induction of Staff

       (a)    A teacher in his or her first year of teaching shall participate in an induction process
              of one year’s duration, unless the teacher and the employer agree that the induction
              process shall continue for a further year.

       (b)    The employer shall provide a written statement to the teacher two months before the
              end of the teacher’s first year, outlining the teacher’s progress and development.

Verified March 2002                                                                                 3
      (c)    The employer shall report regularly to the teacher on the progress of the induction
             process and shall comment and make suggestions that will assist the teacher’s
             professional development.

      (d)    A teacher returning to teaching after an absence of five or more years shall be
             offered support through an induction process as considered appropriate and agreed
             between the Principal and the teacher at the time of appointment following such
             absence.

(3)   Professional Development

      The parties agree that professional development will address the needs of the teacher in
      response to the needs and vision of the school. It will address effectiveness in the task of
      teaching, evidenced by student learning with a focus on continuous growth and
      improvement in teaching practice.

(4)   Promotional Positions

      (a)    Senior promoted positions (eg. Deputy, Dean) will be subject to a contract with
             terms and conditions to be agreed between the employer and the appointee. All
             other promoted positions will be covered by this Agreement.

      (b)    Except for senior promoted positions all other promoted positions will be
             remunerated at one of the following levels:

             Level            1    $9,000
                              2    $7,000
                              3    $5,000
                              4    $2,500
                              5    $1,500

      (c)    The process for appointment to a promotional position and the criteria for each level
             will be in accordance with SCEA policy.

(5)   Senior Teacher

      Senior Teacher Level One and Level Two will be paid an allowance at the rate of 3.2% and
      6.9% respectively based on step 9 or 13 of the salary rates at Clause 10 of this agreement.

(6)   Long Service Leave

      Notwithstanding the provisions of subclause (1) of Clause 10. - Long Service Leave of the
      award, from 1st January 1995 a teacher who has completed eight years’ continuous service
      with SCEA shall be entitled to take ten weeks’ long service leave on full pay, corresponding
      with a completed term. Each subsequent period of eight years service shall qualify the
      teacher for a further ten weeks’ long service leave on full pay corresponding with a
      complete term.

(7)   Mobility of Teachers

      Teachers employed continuously in the one school for a period of ten years will be
      encouraged to transfer to another SCEA school to a position at least comparable in status
      and salary to the existing position.

Verified March 2002                                                                              4
(8)    Payment for Relief Teachers

       Notwithstanding the provisions of subclause (5) of Clause 11. - Salaries of the award, relief
       teachers employed for five days or less may be engaged by the day or half day.

(9)   Policies

      All teachers agree to abide by the policies, rules and regulations of the School as determined
      by the Board and the School Council.

                                   12. - AGREED ENTITLEMENTS

(1)    Sick Leave

       (a)       A teacher who is unable to attend or remain at the place of employment during the
                 normal hours of duty by reason of personal ill health or injury shall be entitled to
                 payment during such absence in accordance with the following provisions:

       (b)       Entitlement to payment shall accrue at the rate of one day’s pay for each completed
                 month of service for eleven months and one and a half days’ pay for the twelfth
                 month in each year of service.

       (c)       If in the first of successive years of service with the employer a teacher is absent on
                 the grounds of personal ill health or injury for a period longer than his/her
                 entitlement to paid sick leave, payment may be adjusted at the end of that year of
                 service, or at the time the teacher’s services terminate, if before the end of that year
                 of service, to the extent that the teacher has become entitled to further paid sick leave
                 during that year of service.

       (d)       A temporary teacher shall retain the benefit of accumulated sick leave credits upon
                 appointment as a permanent teacher provided that the service is continuous. For the
                 purpose of this paragraph school vacations shall not be deemed to break the
                 continuity of service.

       (e)       The unused portions of the entitlement to paid sick leave in any one year shall
                 accumulate from year to year and subject to this subclause may be claimed by the
                 teacher if the absence by reason of personal ill health or injury exceeds the period for
                 which entitlement has accrued during that year at the time of the absence. Provided
                 that a teacher shall not be entitled to claim payment for any period exceeding
                 thirteen weeks in any one year of service.

       (f)       Any time in respect of which a teacher is absent from work except time for which
                 he/she is entitled to claim sick pay or time spent on holidays or school vacations or
                 special leave as prescribed by the award shall not count for the purpose of
                 determining his/her right to payment under this clause.

       (g)       The provisions of this subclause with respect to payment do not apply to teachers
                 who are entitled to payment under the Workers’ Compensation and Assistance Act
                 nor to teachers whose injury or illness is the result of a teacher’s own misconduct.

       (h)       A teacher shall not be entitled to the benefits of this clause unless he/she produces
                 proof satisfactory to his employer of sickness. The employer shall not be entitled to
                 a medical certificate unless the absence is three days or more.

Verified March 2002                                                                                     5
(2)    Leave Without Pay

       (a)    While a teacher has the right to apply for leave without pay the granting of such
              leave is at the discretion of the employer.

       (b)    A teacher applying for leave under this clause must state the period of such
              application and the reason for which the application is being sought.

       (c)    Leave without pay does not involve loss of continuity of service for salary, sick
              leave and long service leave purposes and shall not be taken into account in
              calculating the period of service for any purposes of this agreement.

       (d)    If a teacher is granted leave without pay the question of the teacher’s specific duties
              on return to work should be considered before the granting of such leave and any
              arrangements made documented. If no prior arrangement is made a teacher upon
              return to service shall be entitled to a position commensurate with the position held
              immediately prior to the commencement of such leave.

(3)    Family Leave

       (a)    A teacher who is unable to attend or remain at his/her place of employment during
              the normal hours of duty by reason of the ill health or injury of a family member
              shall be entitled to take paid leave of up to 5 days per year.

       (b)    Such leave shall not accrue from year to year.

       (c)    Such leave shall be debited to the teacher’s accrued sick leave.

       (d)    Such leave shall not prejudice a teacher’s rights to special leave in accordance with
              the provisions of the award.

(4)    Special Leave

       (a)    A teacher shall, on sufficient cause being shown, be granted special leave with pay.

       (b)    “Sufficient cause” is defined as a matter or situation for which

                       (i)     no other paid leave is available
                       (ii)    no other arrangements can reasonably be made
                       (iii)   the absence from duty is required due to pressing necessity.

       (c)    The period determined at the discretion of the employer having regard to all of the
              circumstances but would not normally exceed three days for any one instance.

(5)    Maternity Leave

       The parties agree to conduct discussions to see if agreements can be reached on paid
       maternity leave.

(6)    Deferred Salary

       Teachers may apply to the Principal to work for 4 years on 80% salary and defer the balance
       into an accumulation fund. In the fifth year the teacher may have leave and be paid the
       balance of the accumulation fund. At any time in the first three years the teacher may return
Verified March 2002                                                                                6
      to the full salary and forego the entitlement to a year’s leave with pay. In this event, or if
      the teacher leaves the employ of SCEA for any reason whatsoever, the salary withheld will
      be paid in full.

                              13. - REMUNERATION PACKAGE

(1)   For the purposes of this clause:

      (a)    “Benefits” means the benefits nominated by the teacher from the benefits provided
             by the SCEA and listed in paragraph (d) of subclause (3) of this clause.

      (b)    “Benefit Value” means the amount specified by the SCEA as the cost to the SCEA
             of the benefit provided including Fringe Benefit Tax, if any.

      (c)    “Fringe Benefit Tax” means tax imposed by the Fringe Benefits Tax Act 1986.

      (d)    The cost of any Fringe Benefits Tax to the SCEA will be borne by the teacher and
             not the SCEA.

(2)   Conditions of Employment

      Except as provided by this clause, teachers must be employed at a salary based on a rate of
      pay, and on terms and conditions, not less than those prescribed by the agreement.

(3)   Salary Packaging

      The SCEA may offer to provide and the teacher may agree in writing to accept:

      (a)    salary packaging of up to 40% of gross salary in the form of expense benefit
             payments;

      (b)    the Benefits nominated by the teacher and approved by the employer;

      (c)    a salary equal to the difference between the Benefit Value and the salary which
             would have applied to the teacher or under subclause (2) of this clause, in the
             absence of an agreement under this subclause;

      (d)    the available Benefits are those made available by the SCEA from the following list:

             (i)     Superannuation;
             (ii)    Motor Vehicle; and
             (iii)   other benefits as agreed between the teacher and the SCEA;

      (e)    the SCEA must advise the teacher in writing of the Benefit Value before the
             agreement is entered into.

(4)   During the currency of an agreement under subclause (3) of this clause:

      (a)    Any teacher who takes paid leave on full pay shall receive the Benefits and salary
             referred to in paragraphs (a) and (b) of subclause (3) of this clause.

      (b)    If a teacher takes leave without pay the teacher will not be entitled to any Benefits
             during the period of leave.

Verified March 2002                                                                               7
       (c)      If a teacher takes leave on less than full pay he or she shall receive:

                (i)    the Benefits; and
                (ii)   the amount of salary calculated as agreed between the SCEA and the teacher.

      (d)       The salary of the teacher determined in accordance with the qualifications and
                recognised experience of the teacher contains the Fringe Benefits Tax if any, to be
                paid by the teacher and the Benefit Value of the available benefits under paragraph
                (a) of this subclause selected by the teacher.

(5)    Renewal of the salary package will be on an annual basis by agreement between the parties.

                                 14. – REDUNDANCY PROVISIONS

(1)    Should a position in a SCEA school become redundant then the following provisions of:

       (a)      the Workplace Relations Act (1996); and/or
       (b)      this agreement,

       whichever is greater, shall apply.

(2)    In calculating the years of service of a teacher, all continuous service within the SCEA will
       be considered and not only the service completed at the current school.

(3)    Where a school proposes to make one or more teaching positions redundant the SCEA shall
       make redundancy payments to the teachers made redundant.

             Period of Service                                 Weeks of severance pay

             Less than 1 year                                  Nil
             One year and less than two years                  4 weeks
             Two years and less than three years               6 weeks
             Three years and less than four years              7 weeks
             Four years and above                              2 weeks per year of service to a
                                                               maximum of 14 weeks

(4)    When the SCEA identifies a potential redundancy and before a teacher is named as the
       employee whose position has been declared redundant, the SCEA shall offer all teachers at
       the school the opportunity to take leave without pay for a period of one school year or such
       a period to resolve the potential redundancy. Where a suitable application is received that
       resolves the potential redundancy, then the teacher shall be granted leave without pay for the
       period. At the end of the voluntary period of leave a teacher shall be reinstated on an
       equivalent basis to that existing at the commencement of leave.

(5)    If during the life of this agreement the Australian Industrial Relations Commission moves to
       a new redundancy standard in excess of the provisions of this clause, then the new standard
       will apply and as such the parties agree to amend this agreement accordingly.

(6)    Notwithstanding the other provisions of this clause, nothing shall prevent the parties from
       negotiating a redundancy settlement in excess of the provisions as determined in subclause
       (3) of this clause.


Verified March 2002                                                                                8
                                      15. - OTHER MATTERS

The parties agree to discuss such matters that are of relevance to either the School or the teachers.

                                       16. - NO REDUCTION

Nothing contained herein shall allow the School to reduce the salaries or conditions of a teacher
which prevailed prior to entering into this agreement, except where provided by this agreement.

                                   17. - NO FURTHER CLAIMS

It is a condition of this agreement that the parties will not seek any further claims with respect to
salaries or conditions during the period of this agreement unless they are consistent with the State
Wage Case Principles.

                                       18. - NO PRECEDENT

It is a condition of this agreement that the parties will not seek to use the terms contained herein as
a precedent for other enterprise agreements, whether they involve the School or not.

                           19. - DISPUTE RESOLUTION PROCEDURE

(1)    A dispute is defined as any questions, disputes or difficulties arising out of this agreement.

(2)    The parties to the dispute shall make reasonable attempts to resolve the matter by mutual
       discussion and determination.

(3)    If the parties are unable to resolve the dispute, it shall be resolved in accordance with the
       SCEA’s dispute resolution procedure.

(4)    If the matter is not then resolved it shall be referred to the Western Australian Industrial
       Relations Commission.

(5)    While this procedure is being followed work shall continue as normal.

                                        20. - SIGNATORIES




…………………………..…………………..                                 …………………………………………
(Signature)                                           (Signature)


………………………………………………                                    …………………………………………
(Signatory in block letters)                          (Signatory in block letters)
Swan Christian Education Association Inc.             Independent Schools Salaried Officers’
                                                      Association of Western Australia,

Verified March 2002                                                                                     9
                      Industrial Union of Workers




Verified March 2002                                 10

				
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Description: SCHEDULE 1 - TITLE This agreement shall be known as the Swan