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									                   MEMORANDUM OF UNDERSTANDING
                            BETWEEN

                      Australian Education Union (AEU)

                                       and

                   The Employer Respondents to the
 Victorian TAFE Teaching Staff Multi Employer Certified Agreement 2003
                                (MECA)

RE INTERPRETATION AND CLARIFICATION OF ASPECTS OF THE MECA


Preamble

The Institute Councils and the AEU (the parties) have negotiated a MECA,
which is intended to operate from the date of certification by the Australian
Industrial Relations Commission with a nominal expiry date of 1 st September
2006.

The purpose of this MOU is to record the intentions of the parties in respect of a
number of provisions in the MECA and to provide an agreed interpretation or
practical guidance in implementing a number of these provisions.


Application and Scope of the Agreement – Clause 3
(Note: interrelationship with clauses 7(11) and 32.3 – Industrial Skills
Instructor [ISI]/Industry Trainers)

1. It is acknowledged that Institutes may have existing commercial contractual
   obligations for the supply of services by a class or classes of employees
   whom they treat as ISIs but who would now not come within the definition of
   ISI in the MECA. (ie. They would potentially now come within the scope of
   the MECA as Teachers)
2. It is further acknowledged that Institutes may have existing commercial
   contractual obligations for the supply of services by a class or classes of
   employees whom they do not treat as teachers and who do not come within
   the definition of ISI, such as Industry Trainers, but who may come within the
   definition of Teacher in the MECA.
3. It is intended that the provisions of the MECA are not to apply to these
   obligations until such time as those obligations expire.
4. For this exclusion of MECA to apply, Institutes must substantiate the
   obligation in writing to the satisfaction of a person designated and authorised
   by the AEU. The exclusion will then be listed in Appendix A. Arrangements
   not listed in Appendix A will be covered by MECA. Employees excluded by
   this arrangement must be notified in writing and informed of the duration of
   the exclusion by their Institute
5. Where new commercial contracts are entered into, they shall be based upon
   the appropriate application of this MECA.



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MECA conditions and other employment conditions
(Note: interrelationship with clauses 6, 7 and 18)

It is intended that where an Institute engages staff to teach, lecture or manage
or develop TAFE programs, those employees are to be employed pursuant to
the terms of the TAFE MECA agreement. Those employees are to be classified
pursuant to the MECA and the terms and conditions contained in the MECA will
apply.


Allocation of Duties and Scheduled Duties
(Note: interrelationship with clauses 7(17), 16.2, 16.3, and 16.4)

The annual teaching load for a full time teacher is variable and based upon the
actual teaching duty hours performed according to the terms of the Award and
the MECA. The annual workload for a full-time teacher will be based upon the
following:

Annual Leave                                   152 hours
Public Holidays                                76 hours

Scheduled Duties:
Maximum Teaching Duties                        800 hours
Other Scheduled Duties                         160 hours

Non-Scheduled Duties:
Maximum Preparation and Correction             400 hours
Other Non Scheduled Duties                     388 hours
Total annual hours                             1976

Note: Teachers can agree to perform excess teaching duty hours in addition to
the maximum outlined above.

Of these 1976 hours, 1748 hours are accountable.

Within this 1748 hours, the maximum scheduled duties including teaching
duties is 960 hours per annum. The maximum hours accountable to
preparation, correction and other duties are 788 per annum.

Of the 788 hours of Non Scheduled Duties, 400 hours comprise the maximum
preparation and correction and a minimum of 388 hours which are to be
accounted for and will be duties that are agreed between the employer and the
teacher to support their teaching and other professional work.

These duties are essentially duties which ensure a teacher is equipped with the
appropriate teaching techniques/strategies to maximise student outcomes. They
also involve a commitment and contribution to educational activities which may
or may not be directly related to the classroom.




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Allocation of Duties and Consultation Arrangements
(Note: interrelationship with clause 16.3 and 16.4)

The reference in clauses 16.3 and 16.4 to consultation and agreement of the
teacher is to be taken as requiring the agreement of the teacher undertaking
teaching duty hours. Therefore consultation and agreement of a teacher in the
Senior Educator class is not required where that teacher does NOT undertake
teaching duty hours.

Contract of Employment and Contract Conversion
(Note: interrelationship with clause 12.3)

This clause does not apply during the life of the initial fixed-term contract.

The clause is intended to apply where an employee has breaks in their various
periods of fixed-term employment or where the employee is nearing completion
of their second (or more) fixed-term contract.

In either of these situations and where the employer is intending for the work to
continue, the employee can apply to have their employment converted to
ongoing, which will be considered by the employer.


Allocation of Duties and Time Allowances application to Senior Educators
(Note: interrelationship with clauses 16 and 17)

Where an employee translates or is appointed to a Senior Educator position
and is required to undertake teaching duty hours, that employee is entitled to a
pro-rata application of the provisions applying to Teachers contained in clauses
18.7 and 18.8 of the Award, including time allowances as specified in clause 17
of the MECA, in proportion to their teaching duties as a fraction of the maximum
teaching duty hours of a full time teacher.

By way of illustration, under the Award system a full-time Program Co-ordinator
had a maximum of 800 Teaching Duty Hours with a reduction of 240 hours for
their coordinator duties. Under the MECA where an employee translates or is
appointed to a Senior Educator position, and continues to do Program Co-
ordination and teaching duties, then that employee will continue to have a
minimum entitlement of 240 hrs deducted from their teaching duty hours for
their program coordination duties.


Excess Teaching Duty Hours
(Note: interrelationship with clauses 19.19.1)

The parties have used the word ‘amount’ rather than ‘loading’ because full-time
employees are already paid an ordinary hourly rate of pay for work within the 38
hour week. Thus the new word ‘amount’ indicates that in addition to the ordinary
hourly rate of pay they have already received, they will receive an amount of
50% of that rate for each ‘excess hour’.



                                                                                 3
Note: different rates apply where the work is outside the span of ordinary hours,
see clauses 19.19.2 & 3


Excess Teaching Duty Hours application to part-time workers
(Note: interrelationship with clauses 19.15 to 19.20)

It is not intended by the parties that part-time employees are to be
disadvantaged by comparison with full-time employees through the introduction
of the new ‘excess hour’ arrangements in the MECA. The parties agree that
where ‘excess hours’ are performed by part-time employees on days outside
the days they are employed to attend, then such hours will be paid at the rates
in clauses 19.19.2 and 19.19.3.

Corrections Education

The parties have agreed that a separate Memorandum of Understanding will be
developed at each Institute where employees work in Corrections Education
settings. The Memorandum is to specify the existing working arrangements and
such other matters as may be agreed between the parties.




                                                                                4
SIGNATORIES



For and on Behalf of the Australian Education Union:


………………………………………………………………………

Gillian Robertson,
Deputy Vice President, TAFE and Adult Provision Sector
Australian Education Union Victorian Branch

Date: ………………………………………………………………..




For and on Behalf of the Employer Respondents to the Victorian TAFE
Teaching Staff Multi-Employer Certified Agreement 2003


………………………………………………………………………..

David Williams,
Executive Director
Victorian TAFE Association
[In accordance with the delegated powers from the Victorian TAFE Association
Inc. Administrative Committee.]

Date: …………………………………………………………………




                                                                           5
APPENDIX A
The following is a list of the Institutes and the existing commercial contractual
obligations for the purposes of the Application and Scope clause. Note the
existing commercial contractual obligations will arise in either formal written
contracts or informal unwritten arrangements of such longstanding that the law
could imply a contract had arisen.

Institute                                                 Contractual Arrangement
Central Gippsland Institute of TAFE                       Adult, Community & Further Education
Gordon Institute of TAFE                                  Waste Management;
                                                          Asset Maintenance;
                                                          Textile Production;
                                                          Automotive Retail.
Victoria University of Technology                         Transport Services
Wodonga Institute of TAFE                                 Civil Construction;
                                                          Transport Services;
                                                          Warehousing;
                                                          Forestry Operations.



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