Beaufort College Enterprise Bargaining Agreement 1998

BEAUFORT COLLEGE ENTERPRISE BARGAINING AGREEMENT 1998

NO. AG 58 OF 1998 2 3

1. - TITLE

This Agreement shall be known as the Beaufort College Enterprise Bargaining Agreement 1998.

2. - ARRANGEMENT

1. Title 2. Arrangement 3. Parties to the Agreement 4. Scope of Agreement 5. Date and Duration of Agreement 6. Relationship to the Parent Award 7. Single Bargaining Unit 8. Objectives 9. Consultative Mechanisms 10. Contract of Service 11. Salary Rates 12. Professional Development 13. Appraisal 14. Continuance in Employment 15. Co-curricular Activities 16. Supervision 17. Relief 18. Special Events 19. Dispute Resolution Procedure 20. Other Matters 21. No Further Claims 22. No Precedent 23. Signatories to the Agreement

Schedule A - Salary Rates Schedule B - Types of Duties included in a Full-time Teaching Position in Beaufort College

3. - PARTIES TO THE AGREEMENT

The parties to this Agreement are:

(1) Comprehensive Education Centre Pty Ltd trading as Beaufort College (the College) of 381 Beaufort Street, Perth; and

(2) The Independent Schools Salaried Officers Association of Western Australia, Industrial Union of Workers (ISSOA), a registered organisation of employees. 4

4. - SCOPE OF AGREEMENT

The Agreement applies to teachers (the employees) as defined in Clause 4 of the Independent Schools’ Teachers’ Award 1976 (the Award), who are employed by the College. This Agreement applies to approximately 22 employees.

5. - DATE AND DURATION OF AGREEMENT

The Agreement shall come into effect on the date of registration, and shall apply from the first pay period commencing on or after 28 January 1998 and shall remain in force until the 31st day of December 1999. The parties may enter negotiations for a further agreement at any time within 6 months prior to the end of this Agreement. The terms of this Agreement shall continue in force after the 31st day of December 1999 until the parties conclude a further Agreement.

6. - RELATIONSHIP TO PARENT AWARD

The Agreement is to be read and interpreted in conjunction with the Independent Schools’ Teachers’ Award 1976 (the Award). Where there is any inconsistency between this Agreement and the Award, or where this Agreement covers a matter addressed by the Award, then the provisions of this Agreement apply, and the provision of the Award shall have no effect.

7. - SINGLE BARGAINING UNIT

The parties to this Agreement have formed a single bargaining unit. The single bargaining unit has conducted negotiations with the College and has reached full agreement with the College represented by the Agreement

8. - OBJECTIVES

The nature, purposes and objectives of the Agreement are to:

(1) Consolidate and further develop initiatives arising out of this Enterprise restructuring process. (2) Provide for increased payment of salary rates to employees covered by the Agreement with recognition given to relevant factors, including the salary rates of teachers in comparable schools, the commercial outcomes of efficiency improvements resulting from changes agreed to in this document, and the unique and individual nature of Beaufort College (3) Provide a basis for the College to more effectively manage the teaching and related operations of the College. (4) Provide an improved climate for the achievement of successful academic and financial outcomes from the operations of the College. 5

(5) Accept a mutual responsibility to maintain a working environment, which will ensure that the College and its staff become genuine participants and contributors to the College’s aims, objectives and philosophy. (6) Safeguard and improve the quality of teaching and learning by emphasising the upgrading of professional skills and knowledge.

9. - CONSULTATIVE MECHANISMS

(1) The implementation and on-going operation of this Agreement may be monitored by the College Consultative Committee, consisting of equal numbers of management and employee representatives. Employee representatives will be elected at a meeting convened by the College.

(2) The College, in conjunction with the Consultative Committee agrees to develop improved management practices designed to facilitate the achievement of the objectives of this Agreement, and the employees undertake to co-operate in the implementation of these improved management practices.

(3) The Consultative Committee may submit recommendations to Management for consideration, however the Consultative Committee’s role shall be purely consultative and advisory. The responsibility for management of the College’s affairs shall remain with Management.

10. - CONTRACT OF SERVICE

(1) The Contract of Service between the College and the employees covered by this Agreement shall be expressed in:-

 The Independent Schools’ Teachers’ Award 1976 as amended and registered in the Western Australian Industrial Relations Commission; and  The terms of this Agreement; and  A Letter of Appointment issued to each employee detailing the general conditions, and any special conditions applicable to the appointment; and  A Duty Statement for the position occupied by each employee.

(1) The workload of any employee as specified in the Appointment Letter may be varied by the College to suit any changed circumstance. Management reserves the right to determine teaching loads, and will do so with consideration to all appropriate factors, including length of service and the requirements of the College.

(2) Notwithstanding the provisions of subclause (2) of this clause, all new employees shall be on probation for a period of one year during which time the College or the employee may terminate the contract of service by giving not less than three weeks notice. This period of notice will be extended to four weeks prior to the end of Terms 1, 2 and 3 and four weeks prior to the 31st day of December of any year. 6

(3) Employees covered by this Agreement shall attend the College throughout the College’s Academic year. For the purpose of the Agreement the academic year shall be a period totalling 41 weeks, including 40 weeks of contact teaching (as per published school terms), and one to two days of non-contact professional time before and after each teaching semester for administrative, planning and other tasks to be carried out. The remaining weeks in each year shall be employee vacation periods to be taken during school vacations.

(4) Full-time employees shall attend the College for at least 35 hours per week within published school hours. This may include operating on a flexible timetabling arrangement to meet the needs of all parties. Part-time employees shall attend the College for the number of hours proportionate to their designated teaching load and shall be present at least 15 minutes before their first class, and at least 15 minutes after their last class on each teaching day.

(5) Employees are required to attend scheduled academic meetings and such meetings shall be conducted before or after school hours, or during scheduled non-contact periods. Lunchtime meetings will be avoided wherever possible.

11. - SALARY RATES

(1) Salary rates payable to employees are detailed in Schedule A - Salary Rates of this Agreement, with the particular salary level of individual employees being detailed in the Appointment Letter issued in accordance with Clause 10. - Contract of Service of this Agreement.

(2) The salary rates detailed in Schedule A - Salary Rates shall be paid as the basic remuneration for employees carrying out Teaching I and Teaching II and Duties Other Than Teaching (DOTT) I, II and III as shown in Schedule B of this Agreement.

(3) The salary rates detailed in Schedule A - Salary Rates do not cover DOTT IV which duties shall be allocated at the discretion of Management. These duties may be carried out by the appointment of existing or external staff at the discretion of management. Payment terms will be as agreed between management and the appointee.

(4) In addition to the provision of established increases as per Schedule A - Salary Rates, Management will consider further increases in the event that there is noticeable improvement in public and market perceptions of the College. This may be reflected in terms of improved overall demand for places, an enhanced reputation in the market place, and improvements in the overall sustainable profitability (commercial performance) of the organisation.

(5) In the event of any safety net adjustments being applied to the Award, such adjustment shall be considered as having been absorbed into the increased salary schedule forming part of this Agreement.

12. - PROFESSIONAL DEVELOPMENT 7

Management and teaching staff are committed to safeguarding and improving the quality of teaching and learning by upgrading professional skills and knowledge. This can best occur when both the College and the employees share responsibility for Professional Development by undertaking both in-service, and external, courses and/or training. Professional Development activities may be undertaken partly in College time and partly in a teacher’s own time in approximately equal proportions. All Professional Development that is undertaken during College time, or at College expense, must have the prior approval of College Management. Where possible, Professional Development will be planned for in advance, and such planning will be undertaken in consultation with Management and employees.

13. - APPRAISAL

(1) Employees covered by this Agreement may continue in employment with the College subject to continued satisfactory performance to be evaluated by annual review carried out by the College Appraisal Committee which will consider the views and opinions of Academic, Administration and Marketing personnel.

(2) Appraisal shall be based mainly upon the criteria published in the Duty Statement issued to each employee, and on the employee’s overall contributions to the achievement of the stated Objectives of the College and carried out in accordance with the provisions of the Award.

(3) Management may offer accelerated movement through salary levels of individual employees assessed as making a superior contribution to the achievement of the stated Objectives of the College.

(4) An employee may expect that satisfactory performance of duties will enable movement to the next salary increment on an annual basis. However, such entitlement should not be considered as automatic. Where performance is considered to need attention, the employee shall be notified in writing, and given the opportunity to demonstrate rectification of the concern. In such cases, the salary increment to the next step will be withheld until Management, in consultation with the Consultative Committee, is satisfied that the performance has been improved.

14. - CONTINUANCE IN EMPLOYMENT

(1) Letters of re-appointment will be issued to individual employees based on the outcomes of the Appraisal process referred to in Clause 13. - Appraisal of this Agreement, and on forecast College enrolment numbers and patterns. The letter will indicate the expected teaching load for each employee for the forthcoming Term, but actual teaching loads will only be confirmed at the commencement of each Term. The letters will be issued not less than four weeks prior to the end of each of Terms 1, 2 and 3; and not less than four weeks prior to 31st December each year. Teachers are expected to give notice to the College on the same basis, and failure to do so will result in the automatic forfeiture of an amount equivalent to the salary for the number of weeks for which notice was not served. 8

(2) The College may summarily dismiss any employee for misconduct, refusal to accept a lawful direction, wilful neglect, bringing the College into disrepute, becoming of unsound mind, or being convicted of a criminal offence. In the event of summary dismissal, the employee shall be paid up to the time of dismissal only.

15. - CO-CURRICULAR ACTIVITIES

All staff members are expected to make a contribution to the College’s co-curriculum program. Full-time teachers are expected to contribute two hours per week to co-curricular activities, and part-time staff (those with less than 10 hours teaching per week) will contribute one hour per week. Catch-up classes or tutorials may be considered as part of the co-curricular program.

16. - SUPERVISION

(1) Full-time teachers are expected to carry out regular supervisory duties of between two and four hours per week. This may be supervised study, designated common testing, relief duty, or yard duties at recess and lunch times.

(2) Part-time teachers are expected to carry out such supervisory duties as described above in proportion to their workload.

17. - RELIEF

Where it is known that relief staff requirements will be in excess of the staff hours available to provide that relief, then the College will provide for paid relief staff.

18. - SPECIAL EVENTS

Staff are expected to attend College events during the year as requested, eg. Orientation Days for new students, School Dinner Dance, School Graduation Ceremony, Charity Fun Day.

19. - DISPUTE RESOLUTION PROCEDURE

A dispute is defined as any question, dispute or difficulty arising out of this Agreement.

The following procedure shall apply to the resolution of any dispute:

(1) The parties to the dispute shall attempt to resolve the matter by mutual discussion and determination.

(2) If the parties are unable to resolve the dispute, the matter, at the request of either party, shall be referred to a meeting between the parties to this Agreement together with any additional representative as may be requested by the parties. 9

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

20.- OTHER MATTERS

When reviewing this Agreement, or at an earlier mutually agreeable time, the parties agree to discuss such matters that are of relevance to either the College or the employees. Matters for future discussion may include:

(a) Long Service Leave conditions (b) The positions of Head of Department (c) Senior Teachers (d) Merit Scales (e) Carer’s Leave (f) Flexible arrangements for School Terms and Timetables (g) Provision for a Pastoral Care Counsellor

21. - NO FURTHER CLAIMS

(1) Notwithstanding the provisions of subclause (4) of Clause 11. - Salary Rates, it is a condition of this Agreement that the parties will not seek any further claims with respect to salaries or conditions of employment during the life of this Agreement.

(2) Prior to 31st December 1999, the employees undertake not to initiate any industrial action intended to secure new or improved rates of pay or conditions of employment in respect of the period after the end of this Agreement.

22. - 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 College or not. 10

23. - SIGNATORIES TO THE AGREEMENT

This Agreement is made at Perth, Western Australia on this 20th day of March 1998.

Signed for an on behalf of Beaufort College

Signed for and on behalf of The Independent T.I. Howe Schools Salaried Officers’ Association of WA Industrial Union of Workers

The Common Seal of Comprehensive Education Common Seal Centre Pty Ltd was hereunto affixed by authority of the Board of Directors in the presence of:

Barry George Gregory Director Signed

Robert Samuel Masters Secretary Signed 11

SCHEDULE A

Salary Rates

(Attached to Beaufort College Enterprise Bargaining Agreement 1998)

STEP On and from 27 On and from first pay On and from first pay January 1998 period in February period in February 1998 1999 + 2% on base + 4% on base 1 26,184 26,708 27,231 2 27,717 28,271 28,826 3 29,249 29,834 30,419 4 31,018 31,638 32,259 5 32,668 33,321 33,975 6 34,083 34,765 35,446 7 35,497 36,207 36,917 8 37,265 38,010 38,756 9 39,209 39,993 40,777 10 40,801 41,617 42,433 11 42,215 43,059 43,904 12 43,984 44,864 45,743 13 45,752 46,667 47,582 12

SCHEDULE B

Types of Duties included in a Full-time Teaching Position in Beaufort College

(Attached to Beaufort College Enterprise Bargaining Agreement 1998)

Teaching I

Classroom teaching of 20 hours per week during published school terms.

Teaching II

All activities directly associated with classroom teaching, such as writing programs and lesson plans, general lesson preparation including preparation of materials and resources, visits and excursions, setting, marking and moderation of assignments, tests and examinations, contributions to curriculum development, writing reports, communication with parents, guardians and/or overseas agents as required.

D.O.T.T. I

Activities such as classroom supervision, routine student counselling/pastoral care and disciplinary issues, subject tutorials, relief duties, lunch and tea break duties.

D.O.T.T. II

Activities such as meetings, Professional Development, Administration tasks.

D.O.T.T. III

Activities outside normal classroom teaching times including sport, coordination of Genesis, camps, cultural activities.

D.O.T.T. IV

Duties outside normal teaching times such as specialised student counselling and/or specialised pastoral care, and residential students’ homework supervision.

V A R I A T I O N R E C O R D

BEAUFORT COLLEGE ENTERPRISE BARGAINING AGREEMENT 1998.

NO. AG 58 OF 1998

Delivered 22/04/98 at 78 WAIG 1622 Operative from 28/01/98 Consolidated

CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE NO. VARIATION NO. DATE REFERENCE

1. Title

2. Arrangement

3. Parties to the Agreement

4. Scope of Agreement

5. Date and Duration of Agreement

6. Relationship to the Parent Award

7. Single Bargaining Unit

8. Objectives

9. Consultative Mechanisms

10. Contract of Service

11. Salary Rates

12. Professional Development

13. Appraisal

14. Continuance in Employment

15. Co-curricular Activities 14

16. Supervision

17. Relief

18. Special Events

19. Dispute Resolution Procedure

20. Other Matters

21. No Further Claims

22. No Precedent

23. Signatories to the Agreement

Schedule A - Salary Rates

Schedule B - Types of Duties included in a Full-time Teaching Position in Beaufort College