Independent Education Union South Australia Currie Street Adelaide Tel

							                                                     Independent Education Union (South Australia)
                                                                              213-215 Currie Street, Adelaide 5000
                                                                        Tel: (08) 8410 0122 Fax: (08) 8410 0282
                                                                           Country Callers Toll Free: 1800 634 815
                                                                             enquiries@ieusa.org.au www.ieusa.org.au


                   Outline of Log of Claims
           Replacement of Catholic Schools Enterprise
                          Agreement
                                         Without Prejudice
                                        24 September 2008

                                           General Matters
      Comments: The issues outlined below are provided as an indication of the
      matters the IEU proposes to negotiate for inclusion in a replacement for the
      2006 SA Catholic Schools Enterprise Agreement (to be known as the “PSA”
      for the purposes of communications).
      During the process there will be inevitable consequential matters which arise
      and matters of wording updating or improvement are to be expected.
      Actual proposed wording of clauses will be provided in due course.

      Negotiating meetings: While much can be achieved by email between the
      parties’ drafters between meetings there will be a need for fairly frequent and
      regular face-to-face meetings between the IEU and Employer “teams”. The
      IEU will nominate a “core team” headed by Frank Bernardi and supplement
      that team with members from specific areas of employment eg TRTs,
      Grounds/maintenance, School Counsellors, Country Schools, PORs etc as
      topics relevant to their employment conditions are discussed. The IEU seeks
      paid release time for negotiators to be able to attend negotiations.

      Meeting protocols: An initial meeting will be needed to agree the logistics of
      running meetings and communications.

      Jurisdiction: Whilst not necessarily conceding the federal jurisdiction the IEU
      is willing to proceed in a pragmatic way within that jurisdiction if certain pre-
      Workchoices employment conditions can be maintained in some acceptable
      manner.

      Agreement Option: The preferred option would be to extend and vary the
      PSA. The advantages would be that the current limitations on prohibited
      content would not apply to a varied PSA as would be the case with other forms
      of federal collective agreements. There is also the ability to call up the awards
      underpinning the current 2006 EA. Limitations on industrial action hopefully
      will not become an issue, but restrictions on dispute resolution codification
      should be restored through a referral agreement to the SAIRC with the power
      to arbitrate if necessary.




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                      Section 1 – Administrative Clauses
      Cl 2 – Title - TBA

      Cl 3 - Parties bound: The IEU(SA) and the current 17 Catholic employers are
          to be bound as currently. Some Congregational schools have changed
          their legal identity and will need to be recorded appropriately. Also to be
          added
         • Any ELICOS run under the auspices of a Catholic school employer eg St
          Aloysius’ SA Adelaide Language Centre
         • Australian Technical Colleges with Catholic Church involvement ie ATC
          Northern Adelaide (to become Regional Catholic Technical College) and
          ATC – Spencer Gulf and Outback
         • Any discrete Early Learning Centres or other educational activities run
          under the auspices of a Catholic employer.

      Cl 3&4 - Award Coverage: In addition to those listed in the PSA, need to add
         • Non Government Schools Superannuation Award
         • Appropriate English Languages Teachers Award/s
         • And clarify application of Child care SA Award vs School Assistants
         Award

      Cl 6 - Term: Providing suitable certainty can be agreed a 3 year agreement
         would be acceptable to the IEU.

            Section 2 - Matters Affecting All Employees
      Cl 12 - Dispute Resolution – As an extended/varied PSA is deemed to
          contain only the Model dispute resolution clause, a Referral Agreement to
          SAIRC under the Commercial Arbitration and Industrial Referral
          Agreement Act 1986 will be needed to restore the ability of the SAIRC to
          determine matters to finality if necessary. This would probably involve
          very little change to the process in the current EA/PSA Clause 12.

      13.1 Union Access
         • IEU staff and/or Reps to have access to address new staff at induction
            sessions held either at the school level or centrally.
         • IEU Reps have the right to access a regular Staff meeting agenda item
            on IEU matters as relevant.

      13.4 – Union training –
         • Increase paid union Rep training leave to be 1 day for IEU annual
             conference and 1 general day training per year per Rep. Larger
             schools have multiple Reps to cater for different work groups or
             locations.
         • Delete references to “agreed component provided by employers”




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      Salary & Allowance adjustments
         • Nationally competitive benchmark salaries based on $75,500 for a
            step 10 teacher are the assumption for the starting figure for the 2009
            EA.
               o Subsequent compounding annual increases of 6% pa
               o Whatever outcomes are achieved in the DECS agreement are
                   already agreed “for the duration of this Agreement” would apply
                   as a minimum until a new agreement is formalised.
               o The same percentage increases to apply to all employees’
                   salaries and allowances.
               o There is a separate proposal for providing new structures
                   beyond Step 10 for the teachers scale to be found in the
                   “teacher” section of the claim.

           • Cl 14.7 Catholic professional formation allowances
                 o to be folded into new teacher structure

           • Cl 16 – Salary Sacrifice –
                 o Availability to salary sacrifice FBT items such as cars etc.
                     Outsourced as occurs in other education sectors?
                 o 16.3 Removal of 40% cap on non-super items.

           • Clause 18 – Parental Leave.
                 o Paid maternity/adoption leave 14 weeks.
                 o Right to return part time until child is school age.
                 o Paid parental leave to count for service and attract
                    superannuation
                 o Right to combine/share paid paternity/maternity leave between
                    partners working within the system

           • 19 – Carers leave –
                 o More than 10 days may be accessed pa from accumulated
                    personal leave.

           • 22 – SIPS scheme –
                 o Increase quantum to $500,000 pa.
                 o Available only to persons covered by the EA

           23 – Add Elected Health & Safety Reps –
                 o Employer to recognise and support the election and training of
                    elected HSRs for each workgroup.
                 o HSRs to be provided with paid release time to perform their
                    duties




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      New Items –

           • Compensable Disability make-up pay –
             Employer to top up salary for any employee with an accepted Workcover
             claim who is subject to periodic step downs (at 13 and 26 weeks) or has
             had payments suspended during a dispute.

           • Review of Due Process aspects of investigations of serious allegations –
              including but not limited to timeliness of conclusions, independence of
              investigation, when standing down is appropriate, references to
              policies.

           • Right of access to own personnel file and right to add rebuttal/correction

           • Provision of appropriate breast feeding facilities

           • School fee discounts for staff across the sector

           • Free access to OSHC when staff attending to after hours duties

           • Deferred salary scheme for sabbaticals

           • Mandatory notification training & first aid training to be conducted on
              pupil free days during normal school hours.

           • Staff on extended leave to have access to staff PD sessions, mandatory
              reporting and First Aid training.

           • LSL to accrue at the rate of 15 days pa after 15 years service

           • Reduction in minimum period of LSL that can be taken under normal
              circumstances

           • All classrooms fitted with thermometers

           • Support for new Initiatives (SACE, L360, RE, IB, VET etc)

           • VET – Role of teachers / trainers




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                      Section 3 - Teachers Conditions
    •    Cl 24 – Teacher Workload –
         Major rewrite of Appendix E to
            o clarify and improve definitions,
            o simplify content and
            o review quanta to improve conditions for teachers.

           Other areas to consider under this section will include but is not limited to -
             o Remuneration for CEA E.g. sport, camps etc
             o Recognition of increasing parent contact by email etc
             o Annual workload audit & induction
             o Hot / Wet weather policies

    •    Cl 25 – Class size – rewrite of Class size MoU especially in relation to
            practical classes, special needs students and complex classes.

              Reception – 2                              Max     25 students
              Yr 3 – 7                                   Max     28 students
              Yr 8 – 10                                  Max     28 students
              Yr 11 -12                                  Max     25 students

              Composite Classes that straddle bands reduced by 5 students

              *Practical Classes                         Max 18 students

              *NB these numbers are maxima but smaller classes will be the case where
              facilities dictate for OHS&W requirements.

              Practical Classes definition is extended to include – Visual Arts, Design &
              Technology, Food Technology, Technology & related subjects, Music, Drama,
              Physical Education & Science.

              Class Complexity Table –
              Develop a Student Complexity Index to provide weightings for students with
              identified learning and / or behaviour management issues in mainstream
              classes

    •    Cl 26 – Part time teachers minimum attendance
                       0.8 to 1.0 FTE over 4 or 5 days
                       0.6 to under 0.8 FTE over 3 to 4 days
                       0.4 to under 0.6 FTE over 2 to 3 days
                       0.2 to under 0.4 FTE over 1 to 2 days
                       0.0 to under 0.2 FTE over 1 to 2 days

    •    Cl 27 – TRTs
            o paid at incremental step plus loading as in DECS schools.
            o Extra incentives for country TRTs or other mechanisms to facilitate
                coverage of extra lessons with existing staff.



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    •     Cl 29 – Advanced Skill Teacher – Review of current system – how well it is
          promoted, application process and a restructure (see new Teacher Career
          Path below)

    •     Cl 30.4 – POR
             • Review of current system – including formula, application process,
                 role descriptions and indicative duties.

    •     Cl 32 Country incentives – TBA

    •      Pupil free days for report writing and assessment

    •      Teacher meal breaks – recognition that student recess break cannot be
               utilised as teachers’ mandatory 20 minute lunch break

    •      New Teacher career path for Merit

                                  Three Stream Model for Career Paths

    AST Stream                                 POR Stream                   Qualification Stream
    Model of Good Practice                      Leadership                            Study / Research
      4    $14759      4   $14759 min. release time 2 days pw                     4   Ph D $14759
      3    $10350      3   $10350 min. release time 1.5 days pw                   3   Masters $10350
      2    $6314       2   $6314 min. release time 1 day pw                       2   Grad Dip $6314
      1    $2280       1   $2280 min. release time .5 of a day pw                 1   Grad Cert $2280
              Note pay figures are current and before any 2008 or later increases



                       Sections 4&5 - ESO Conditions
    •     Cl 38 – major rewrite of classification structure

    •     Recognize superior redundancy rates from state standard

    •     First aid allowance not pro-rata if ESO employed at least 0.7FTE during
          term time.

    •     Commitment to regular review of duty statements

    •     All streams to go to 6 levels

    •     Employer to pay cost of PD and travel associated

    •     Clauses associated with ESOs with direct student contact




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          Section 6 – Indigenous Education workers
    •    Title change

    •    Others TBA

                                            Special groups
    •      Replacement Teachers – preference clause for permanency

    •      Elicos – inclusion and general teacher conditions & salaries apply

    •      ATC staff conditions alignment

    •      School Counsellors – access to equivalent teacher salary scales &
             conditions for counselors with qualifications other than teacher
             qualifications

    •      Graduate teachers to have
             o 0.8 teaching load in first year and provision of mentor.
             o 0.9 teaching load in second year and provision of mentor.
             o Mentor to be provided with time and allowance

                              Unresolved ECC Matters

    •    Pension Bonus Scheme – ability of staff to access

    •    Payslips – cover all fields as requested –
            o Grading & annual salary
            o Pay (incl hourly rates for ESOs & split fields for different employment
               categories where applicable)
            o Tax
            o Super contribution
            o Annual leave
            o Sick days accrued
            o LSL accrued

                                                           end




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