Temporary to Permanent Conversion This Document Is Issued for General Guidance Only

July 2020

Temporary to permanent conversion This document is issued for general guidance only. It does not constitute professional advice. The issues with which it deals are complex and the document necessarily deals only with general principles. No reader should rely on this document for the purpose of making a decision as to action but should seek the appropriate advice from the Union on the particular circumstances of that reader. The Union accepts no responsibility for the consequences should any person act in reliance on this document without obtaining the appropriate advice from the Union.

The Department of Education State School employment of two years in the same role will be Teachers’ Certified Agreement 2019, negotiated eligible for conversion to tenured status, provided by the QTU, again secured a clear process to that: support the continued conversion to tenured status (permanency) of temporary teachers. The 2019 • breaks in employment during the certified agreement (CA) captures the Department accumulation of the two years’ of Education’s (DoE) “commitment to the employment do not exceed a total of three maximisation of permanent employment and the months during designated school terms; maintenance of job security for permanent and employees”. • employment will be deemed to include The Temporary State School Teachers and periods of casual employment where the Instrumental Music Instructors Conversion to casual employment undertaken during the Permanency Memorandum of Agreement (MOA) two years’ employment does not exceed exists alongside the 2019 CA. This MOA, along with 20 per cent of the total period of the associated business process, explains employment undertaken by the teacher in temporary to permanent conversion processes in any one school year. detail. Three months is defined as 60 working days, Teachers who have been engaged in a continuous excluding days which fall during school vacation capacity for at least two years will receive an periods. School vacation periods include the period invitation, via email, informing them of their of time prior to the end of the school year in those eligibility and inviting them to participate in the schools in which programs finish or when there temporary to permanent conversion process. may be operational requirements to cease From the outset, it is important to note the temporary engagements prior to the last day of the following. school year. 1. Once a teacher accepts an invitation into the Identification process conversion process, the department has the The review of eligibility for conversion from obligation to offer them ongoing and continuous employment. temporary to permanency will occur each term. A report that identifies those potentially eligible is 2. It is unlikely that the offer of permanency will generated and provided to regional HR for be to a teacher’s current school. There is also validation and endorsement. no guarantee that the offer of permanency will be to a neighbouring or nearby location. Invitation to participate in conversion Permanent offers pertain to a vacancy within process the department, not necessarily to a position at a school. Offers of permanency may be Temporary teachers who have been identified as made to areas outside listed geographic eligible to receive an offer to participate in the preferences. Providing a list of geographic process will be sent an email invitation. Invitations preferences informs DoE of where you would are sent once per term, and teachers receive their like to work, but DoE is under no obligation to invitation in the next tranche of invitations after provide offers to these locations. becoming eligible. It is vital that the invitation is accepted (or declined) within the timeframe Eligibility advised. Teachers who do not respond will be deemed as declining to participate in the Temporary teachers with two years continuous conversion process. employment in the same role or cumulative

DoE will email eligible teachers via their that temporary offer is rejected by the invitee, DoE @eq.edu.au email address. is no longer obliged to offer ongoing temporary employment. The right to a permanent position The invitation email will: remains, in accordance with the conversion • advise teachers of their eligibility for process timelines set out below. conversion to tenured status and provide Permanency process links to further information on the process Permanent offers are made throughout the year as • confirm the department’s commitment to vacancies arise, taking into consideration the ongoing temporary employment until a department’s teacher transfer commitments. permanent offer is made Permanent offers may be made for any DoE school statewide (unless exceptional hardship personal • advise that any exceptional hardship circumstances are accepted). There is no circumstances are to be provided to the guarantee that an eligible temporary teacher will department for consideration, with receive an offer of permanent employment in the relevant supporting documentation departmental region within which they are working (circumstances will be considered in at the time they become eligible for conversion. accordance with the exceptional hardship The DoE has an obligation to teachers participating parameters in the teacher transfer in the transfer process, and they take priority for guidelines) appointments in desirable locations. • confirm that it is a condition of permanent Timing of permanent offers employment that teachers can be required to teach anywhere in the state of For teachers accepting their invitations in Terms 1- Queensland 3, DoE has until the first student free day of the • advise the teacher they will not be next school year to make a permanent offer. For considered for conversion to tenured Term 4 invitees, DoE has all of the next year and status for a further one year should they: until the first student free day of the following year to make a permanent offer. o elect to not participate in the conversion process when invited; When a permanent vacancy arises, eligible or temporary teachers who have accepted the invitation to participate in the conversion process o fail to respond to the invitation to will be contacted by regional human resources participate in the conversion officers, either via telephone or another form of process; or correspondence. The departmental officer will: o accept the invitation to participate • make an offer of employment subject to in the conversion process and appointment at a specified location anywhere subsequently decline an offer of in Queensland (subject to consideration of permanent employment made to personal circumstances) them. • advise that should you decline the offer of DoE will then collate invitation responses, prepare permanent employment made under the a final report and make this available to regional conversion to permanency process, you will HR teams. not be considered for conversion to tenured Conversion process status until such time as required under the memorandum of agreement, currently one The conversion processes will take effect from the year (Note: A direct offer of permanent date the teacher accepts the invitation to employment can still be made to the participate in the conversion process. employee, outside of the conversion process). The department has an obligation to offer ongoing All verbal offers of a permanent position are to be and continuous temporary employment to teachers followed with confirmation in writing (email). who have accepted the invitation to participate in the process, until the conversion to permanency Sometimes, regional HR contact teachers to gauge process is completed. Details of temporary their interest in forthcoming positions. Because of employment for the following term should be the consequences of rejecting offers of temporary communicated to a temporary teacher by the final and permanent employment, it is important to week of the prior school term. clarify with HR whether they are making an offer or simply alerting you to a potential position. If a reasonable offer of temporary employment is made to temporary teachers who have accepted their invitation into the conversion process and Authorised by Graham Moloney, General Secretary, Queensland Teachers' Union, P O Box 1750, Milton LPO Qld 4064 Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050 Temporary to permanent conversion – July 2020 Page 3 of 6

Declining offers of permanency provided, the review panel will not be able to support the application for compassionate Where an offer of permanent employment is made consideration. You will be deemed eligible for under this conversion process and the offer is placement anywhere in the state. declined, the teacher will be able to participate in the conversion process again after one year, noting A joint DoE and Queensland Teachers’ Union that participation remains subject to eligibility committee will consider the evidence of personal requirements in relation to continuity of circumstances that may affect the employee’s employment. initial permanent appointment. Where a direct offer of permanent employment is Upon panel review, the teacher will receive written made outside the conversion process and the offer notification of the panel outcome from DoE. is declined, the employee will be entitled to An extension of time for the submission of participate in the next conversion process, in information to support exceptional hardship addition to any subsequent conversion rounds, grounds may be granted on a case by case basis. subject to continued eligibility. During this period of extension, given the Updating geographic preferences temporary teacher has opted in to the process and is awaiting an offer of permanent employment, the Please note that the responsibility remains with the teacher must be offered ongoing temporary employee to keep the department informed of any employment while their personal circumstances changes in personal circumstances that may are being reviewed. impact on the teacher’s capacity to take up an offer in the geographic locations indicated on their Access to parental leave application for employment. It is important to Temporary teachers who have engaged in the update this information if your circumstances conversion process can access paid parental change. leave, given the department’s commitment to Preferences can be updated with DoE via ensure access to ongoing temporary engagements [email protected] until the conversion process is completed. Exception hardship circumstances Temporary teachers identified in the process with primary responsibility for the care of a child can The invitation to participate in the conversion to access up to two years of parental leave, including permanency process will advise that any the period of paid parental leave. exceptional hardship circumstances are to be provided to the department for consideration with It is important to note that paid parental leave is relevant supporting documentation. It is vital that service and contributes towards eligibility for the any personal circumstances that may affect your temporary to permanent conversion process. appointment to a location anywhere in Queensland Where parental leave is accessed by a temporary be identified at the time of accepting the offer. teacher at half-pay, the period of eligibility towards Such circumstances will be considered in the two years will be 14 weeks. accordance with the Teacher Transfer Guidelines Unpaid leave following paid parental leave will for exceptional hardship, which are: pause the accrual of service. Once the employee • serious medical circumstances and/or recommences teaching with DoE, the employee will disabilities of a teacher and/or a member recommence further accrual of temporary service of their immediate family towards eligibility. • demonstrated hostile environment arising Paid or unpaid parental leave will be viewed as a from factors such as potential religious, “pause” for the purposes of the accrual of racial or sexual persecution or temporary service towards eligibility harassment. The onus remains on the teacher to keep the If personal circumstances for exceptional hardship department informed of their personal consideration exist, clearly relevant documentation circumstances if they are to be considered for this to evidence your circumstances must be provided process. The QTU recommends sending an email to DoE for the review panel. Serious medical advising the region that you are on unpaid parental conditions with specialist medical advice, custody leave (with associated dates). It is good practice to matters, partners owning businesses that have a keep a record of all correspondence. number of employees, and a partner’s highly specialised employment are some examples of Part-time teachers circumstances that may meet the threshold. Unless otherwise agreed, teachers identified in the If relevant and specific documentation supporting process who have worked part-time during their the request for compassionate consideration is not eligibility period are to be made a permanent offer

Authorised by Graham Moloney, General Secretary, Queensland Teachers' Union, P O Box 1750, Milton LPO Qld 4064 Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050 Temporary to permanent conversion – July 2020 Page 4 of 6 no less than the average fraction worked over the service. This is available from regional HR. Once two-year period. you have the statement of service, you should review your record to see if you have the pattern of Teachers identified in the process who have service that would make you eligible for an offer to worked part-time are made an offer of at least the participate in the conversion to permanency average fraction worked over the two-year process. Ensure you have completed two years’ period. That fraction will be maintained, unless service and you do not have breaks that add up to otherwise agreed, until such time that a permanent more than 60 school days. If, after reviewing your offer is made at that fraction. Working part-time pattern of service, you believe you continue to be does not impact on eligibility for temporary to eligible for conversion to permanency, you should permanent conversion. The time period of two speak with your principal and contact regional years’ continuous service is counted as years, not office. If your query is not addressed satisfactorily, days, so it does not take longer for part-time you can seek QTU assistance by emailing teachers to be eligible for conversion. [email protected]. In this email you should: QTU records • include a copy of your statement of service and provide an outline of your analysis of it The QTU recognises that temporary teachers do not enjoy the income security that permanent teachers • forward the emails from regional HR, or a do, and therefore the Union reduces the dues for summary of why they believe you are temporary teachers. ineligible. If you have become permanent through this The QTU can assess DoE’s rationale and provide process, you should advise the QTU of the change advice on the appropriate next steps. in your employment status so that our records can What do I do when I receive my invitation? be updated accordingly. While the department provides the Union with this information, your It is vital that you accept (or decline) your invitation notification ensures our records are up to date. within the timeframe advised. If you do not respond, it will be deemed that you have declined Conversion of temporary teachers to to participate in the conversion process, and you permanency – frequently asked will not be eligible again for a further one year questions period. What should I do before I receive my invitation? At the time of accepting your offer to participate, you must identify whether you have personal Ensure you have your current address and circumstances that may affect your permanent preferences are correctly recorded with the appointment to a location anywhere in department via [email protected] Queensland. Such personal circumstances will be How do I know if I am eligible? reviewed in accordance with exceptional hardship circumstances as prescribed under the Teacher When you are eligible, the department will send you Transfer Guidelines. an invitation to the conversion process. Typically, invitations are sent once per term, and teachers What happens if I indicate that I do not want to be receive their invite in the tranche after they made permanent at this point in time? become eligible. DoE shares these dates with the If you opt-out of the process upon receipt of the QTU and we communicate these to members via initial email, you will not be made permanent under Temporary Teacher Updates. However, because of this process during this round. If you continue to the new CA, teachers who became eligible in meet the eligibility requirements, you will be Semester 2 of 2019 or Semester 1 of 2020 will considered for a further invitation in 12 months. receive their invitations in July of 2020. What happens if I am working in a geographic area To check your eligibility with the DoE before in which there are no vacancies and I am unable to invitations are sent, contact regional HR. relocate? What if I think I am eligible but do not receive an DoE has indicated that if you are unable to invitation? relocate, you should provide the department with If you don’t receive an invitation but think you may reasons for this. A joint DoE/QTU panel will meet to be eligible, first email regional HR and seek review these applications. In cases of extenuating clarification – was it an omission or do they circumstances supported with relevant/specific consider you ineligible? documentation, DoE will make all efforts to accommodate your situation. Please note that If you don’t agree with the assessment provided, those circumstances will be considered in you should obtain a copy of your statement of

Authorised by Graham Moloney, General Secretary, Queensland Teachers' Union, P O Box 1750, Milton LPO Qld 4064 Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050 Temporary to permanent conversion – July 2020 Page 5 of 6 accordance with the Teacher Transfer Guidelines • medical conditions that do not meet the for exceptional hardship. definition of exceptional hardship What is exceptional hardship? • partner’s relocation for employment purposes. Some eligible teachers have personal circumstances that affect their ability to accept a Personal circumstances that meet the “exceptional statewide offer. Such teachers can apply for hardship” definition will be reviewed on a case-by- “compassionate circumstances – exceptional case basis by a joint QTU and DoE panel. hardship” as per the Teacher Transfer Guidelines QTU Officers sit on the compassionate review (TTG). The TTG are used to ensure fairness panel. From this experience, it can be confirmed between those already permanent and those that the following circumstances do not meet the converting to permanency. exceptional hardship threshold: The exceptional hardship circumstances as • having a mortgage prescribed under the Teacher Transfer Guidelines • children attending daycare and/or school are: • preference to stay close to family support • serious medical circumstances and/or structures disabilities of a teacher and/or a member • preference for continuity of care with of their immediate family medical services that are also available in • demonstrated hostile environment arising other locations. from factors such as potential religious, How do I know if my application for exceptional racial or sexual persecution or hardship has been approved? harassment. You will be notified via email of the outcome of the How do I prove exceptional hardship? review panel’s decision. Usual outcomes where Supporting specialist medical evidence is essential circumstances are upheld include permanent – medical evidence from a general medical placement at “major regional centres” or “within practitioner, psychologist or allied health 50 minutes of home”. professional is not considered sufficient. Examples I will be on maternity leave when the offers of of relevant supporting documentation include permanency are made. I do not want to return to written specialist evidence regarding a medical teaching until July when my baby is six-months old condition that requires a teacher to live in a – will this prevent me from being made particular location or documented specialist permanent? medical evidence that the environmental conditions in the location currently offered are a No. You should inform DoE in writing that you wish catalyst for a chronic medical condition. to be made permanent but that you will not take up duty until July. This will assist them in making the The QTU understands that gathering the necessary appropriate placement. evidence to support an exceptional hardship application can take time. As such, an extension of I took paid maternity leave during a contract last time for the submission of information to support year, is this still counted as service towards exceptional hardship grounds may be granted on a eligibility of conversion to permanency? case by case basis. During this period of extension, Yes, any paid leave taken during your employment you will continue to be offered ongoing temporary as a temporary teacher will be counted towards employment while personal circumstances are service and counts as part of the two years reviewed. continuous service. Maternity leave at half pay I have other personal circumstances, but I am counts as 14 weeks’ service. unsure if they meet the ‘exceptional hardship’ I have only three months to go until I become definition? eligible, but I am pregnant and due in two months’ Personal circumstances that do not fall into the time. I want to spend at least a year at home with categories of exceptional hardship as listed above my baby, will I have to start all over? are called “pressing personal circumstances”. No. You are able to access unpaid parental leave These are not considered in the temporary to after your paid maternity leave and not have this permanent conversion process. They will not be break in service deem you ineligible. You must considered sufficient grounds to avoid statewide notify your local regional office of your permanent appointment. Pressing personal circumstances and the projected time that you will circumstances are outlined in the Teacher Transfer be unable to work. Please use email to inform Guidelines as: them of this and retain a copy in your personal files. • separation from partner To be eligible for the conversion process, there

Authorised by Graham Moloney, General Secretary, Queensland Teachers' Union, P O Box 1750, Milton LPO Qld 4064 Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050 Temporary to permanent conversion – July 2020 Page 6 of 6 remains the requirement to complete two years of What happens if I receive a permanent placement service. and I do not want to go? I have been engaged as a temporary teacher in a You should not opt-in to the placement process part-time capacity for the past two years – am I unless you are prepared to be appointed into eligible to be made permanent? locations that align with your accepted extenuating circumstances. If you refuse the placement, you Teachers identified in the process who have will not be eligible for another offer of permanency worked part-time are made an offer of at least the under the conversion process for a further one average fraction worked over the two year period. year. That fraction will be maintained, unless otherwise agreed, until such time that a permanent offer is However, schools and regions are able to make a made at that fraction. direct offer outside the conversion to permanency process and you are able to apply for advertised What if I have undertaken temporary teaching in substantive vacancies. different fractions – what fraction will I be offered? Will I be able to get temporary work if I am not You will be offered a part-time fraction based on made permanent? the average of part-time fractions that you have worked in the past two years. If you do not want this Access to temporary engagements will be to occur and you would prefer your current fraction, dependent on the vacancies that exist within the you should inform the department of this when you relevant geographic locations. Given the respond to the email of offer. significant efforts to maximise permanent employment, it is likely that the level of temporary vacancies will decrease.

Authorised by Graham Moloney, General Secretary, Queensland Teachers' Union, P O Box 1750, Milton LPO Qld 4064 Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050