WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES THE INDEPENDENT SCHOOLS SALARIED OFFICERS’ ASSOCIATION OF WESTERN AUSTRALIA, INDUSTRIAL UNION OF WORKERS & OTHER V (NOT APPLICABLE) CORAM COMMISSIONER S J KENNER DELIVERED MONDAY, 28 AUGUST 2000 FILE NO/S AG 165/2000 _________________________________________________________________________ Representation Applicant Mr N Briggs Respondent _________________________________________________________________________ Order. HAVING heard Mr N Briggs on behalf of the applicant and there being no appearance on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— (1) THAT the Western Australian Catholic Schools (En- terprise Bargaining) Agreement No. 6 of 2000 as filed in the Commission on 10 July 2000 in the terms of the following schedule be and is hereby regis- tered as an industrial agreement. (2) THAT the Western Australian Catholic Schools (En- terprise Bargaining) Agreement No. 6 of 1998 No AG 144 of 1998 be and is hereby cancelled. (Sgd.) S. J. KENNER, [L.S.] Commissioner. ——— Schedule. 1.—TITLE This Agreement shall be known as the Western Austral- ian Catholic Schools (Enterprise Bargaining) Agreement No. 6 of 2000 and shall replace the Western Australian Catholic Schools (Enterprise Bargaining) Agreement No. 6 of 1998. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Parties to the Agreement 4. Scope of Agreement 5. Relationship to Parent Award 6. Term of Agreement 7. Expiration of Agreement 8. No Extra Claims 9. No Duress 10. Objects of the Agreement 11. Conditions of Employment 12. Contract of Service 13. Salaries 14. Deferred Salary Scheme 15. Promotional Positions 16. Location Allowances 17. Sick Leave 18. Family Leave 19. Long Service Leave 20. Parental Leave 21. Redundancy Provisions 22. Playground Duty 23. Flexibility in the School Day/Year 24. Manner of Life 25. Professional Development 26. Professional Responsibilities 27. Summative Appraisal 28. Part Time Teachers 29. Special Leave 30. Dispute Avoidance and Grievance Procedure 31. Signatures 3.—PARTIES TO THE AGREEMENT This Agreement is made between The Roman Catholic Bishop of Bunbury and the Independent Schools Salaried Officers’ Association of Western Australia, Industrial Union of Workers (the ISSOA), a registered organisation of employ- ees. 4.—SCOPE OF AGREEMENT (1) This Agreement shall apply to all teachers who are cov- ered by the provisions of the Independent Schools’ Teachers’ Award (1976), as amended. (2) The number of teachers covered by this agreement is 565. 5.—RELATIONSHIP TO PARENT AWARD Except as provided by this Agreement, the conditions of employment of teachers employed in Catholic Schools in Western Australia will be in accordance with the Independent Schools’ Teachers’ Award (1976), as amended. 6.—TERM OF AGREEMENT (1) This Agreement shall come into effect on and from 1 July 2000 and shall expire on 30 June 2003. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4201 80 W.A.I.G. (2) During the term of this Agreement, the provisions of this Agreement may be varied by mutual agreement between the parties. 7.—EXPIRATION OF AGREEMENT (1) On the expiration of this Agreement and in the absence of the registration of a subsequent Enterprise Agreement, the provisions of this Agreement shall prevail for the purposes of the conditions of employment that will apply to teachers cov- ered by this Agreement. (2) Negotiations for a new Enterprise Agreement will com- mence 6 months prior to the expiry of this Enterprise Agreement. 8.—NO EXTRA CLAIMS It is a condition of this Agreement, that the parties will not make any further claims with respect to salaries and condi- tions during the period of this Agreement unless they are consistent with the State Wage Fixing Principles. 9.—NO DURESS This Agreement was not entered into by either of the parties under duress from the other party or any other person or per- sons. 10.—OBJECTS OF THE AGREEMENT In reaching this agreement the parties have recognised— Catholicity— • The need to maintain a just working environment in which education can be provided in harmony with the aims, objectives and philosophy of Catholic edu- cation. Professionalism— • A mutual responsibility to protect, develop and en- hance Catholic education within the State of Western Australia. • The need to safeguard and enhance the quality of teaching and learning in Catholic schools in West- ern Australia and the public perception of it. Flexibility— • The variety of educational and managerial arrange- ments that exist requiring flexibility in the application of regulations that govern employment practices. • The need to consolidate, and develop further, initia- tives arising out of the award restructuring process. • Productivity and efficiency have a growing influence in educational policies and practices. Schools are expected to do more with the same level of re- sources, necessitating productivity and efficiency improvements which may be qualitative rather than quantitative. 11.—CONDITIONS OF EMPLOYMENT The parties acknowledge that the following Conditions of Employment of Teachers in Catholic Schools in WA (2000) is an official statement of the Catholic Education Commission of Western Australia and as such applies to all teachers em- ployed in a Catholic school in Western Australia. Conditions of Employment of Teachers in Catholic Schools in WA (2000) 1. The Employing Authority 1.1 In Diocesan accountable schools, the teacher is employed by the Bishop of the Diocese who delegates this power to the school board. 1.2 In Order accountable schools the teacher is employed by the Congregational Leader who may delegate this author- ity to a school board or principal. 2. The Fundamental Responsibilities of the Teacher A teacher is required, under the direction of the Principal, to contribute actively towards; 2.1 the maintenance of the Catholicity of the school through a manner of life and stated beliefs which are in keeping with the teachings of the Catholic Church; 2.2 the promotion of the religious instruction and formation of pupils in accordance with the directives and requirements of the Catholic Education Commission and the Bishop of the Diocese; 2.3 the undertaking of appropriate accreditation programs, as required. 3. Duties The teacher is required to— 3.1 perform such duties, teaching and non—teaching, as are customarily rostered and shared by all staff; 3.2 help ensure the provision of a Catholic perspective in the activities of the school; 3.3 model the leadership that is appropriate for all mem- bers of the school community; 3.4 keep abreast of current developments in educational theory and practice; 3.5 demonstrate a pastoral concern for each member of the school community. 4. Other Matters 4.1 A full time teacher shall be permitted to engage in other employment provided that— (i) such employment does not affect the teacher’s em- ployment and professional responsibilities to the school. and (ii) the principal is notified 4.2 Any fraudulent misrepresentation in the teacher’s curricu- lum vitae, or other documentation presented to the employer, which impacts on the employment contract of the teacher may result in the termination of the employment contract. 4.3 The teacher has the responsibility to advise the employer of any previous or current criminal convictions or proceed- ings that may conflict with the stated philosophy of a Catholic school and the objects of this agreement. The teacher acknowl- edges that the employer has the right to enquire about such convictions or proceedings, provided that the employer noti- fies the teacher of any inquiry prior to it being conducted. 12.—CONTRACT OF SERVICE (1) When a teacher accepts an appointment within the Catho- lic system in Western Australia for the first time, the appointment is probationary and as such the teacher is subject to professional appraisal in the second year of employment so as to confirm ongoing employment. (2) (a) Except in the case of a relief or temporary teacher, the termination of the service of a teacher shall require a mini- mum of six weeks’ notice by either party to take effect from the close of school business at the end of the school term. (b) Provided that the requirements of this subclause may be waived in part or in whole by mutual agreement between the teacher and the employer. Any request to waiver such notice shall not be unreasonably withheld by the employer, where it is deemed that the teacher has not been able to give the re- quired notice through no fault of their own. (c) Subject to the provisions of this subclause, failure to give the required notice shall make either party liable for the payment to the other party of an amount equivalent to the period of notice not given. (d) When a teacher resigns, the employer reserves the right to withhold or recover an amount equivalent to any period of overpayment of salary. However, approval must be obtained from the Director of Catholic education before such action is proceeded with. 13.—SALARIES (1) The minimum annual rate of salary payable to teachers engaged in the classifications prescribed in Clause 11.—Sala- ries of the Award shall be— Step Salary ($) Step 1 24,156 Step 2 25,570 Step 3 30,924 Step 4 32,672 Step 5 33,964 Step 6 36,002 Step 7 37,395 Step 8 39,081 Step 9 41,827 Step 10 43,113 Step 11 44,898 Step 12 46,428 Step 13 48,264 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 4202 (2) Notwithstanding subclause (1) of this clause, if, during the life of this Agreement, the Education Department of West- ern Australia salaries receive a further general increase, then the rates in (1) shall increase by that general increase from the same operative date as the EDWA increase. (3) Subject to the provisions for implementing the classifi- cation set out in the Appendix to the Award, an appointee to a Senior Teacher classification shall be entitled to the following annual allowance— (a) Level One—3.2 % of the maximum total salary per annum as prescribed in subclause (1) of this clause. (b) Level Two—6.9% of the maximum total salary per annum as prescribed in subclause (1) of this clause. (4) Notwithstanding the provisions of subclause (5) of Clause 11.—Salaries of the Award, relief teachers employed for five (5) days or less may be engaged by the day or half day. A half day is determined as the hours usually worked in a school prior to or immediately following the lunch break. (5) Accreditation B Certificate (a) The holding of the study component of a current Ac- creditation B Certificate would allow a 3 year trained teacher with the 2 years of full time equivalent experience at Step 9 to move to Step 10 from 1 July 2000 and to step 11 from 1 Janu- ary 2002. (b) Thereafter, progression from Step 9 to Step 10 and then to Step 11, shall be by biennial steps for 3 year trained teach- ers. (6) Upgrading from a 3 year to a 4 year qualification When a teacher upgrades their teaching qualification from 3 years to 4 years, then in calculating the new position on the incremental scale in sub-clause(1), all previous relevant full time equivalent experience shall count. (7) Salary Packaging Salary packaging in compliance with the Catholic Educa- tion Commission of Western Australia’s statement shall be available to teachers from 1 July 2000. 14.—DEFERRED SALARY SCHEME Teachers may apply to have their salary payments deferred in accordance with the provisions of this clause. (1) Eligibility (a) Teachers who have been employed within the Catholic system for a minimum of two (2) years, including full time and part time teachers, are eligible to apply. (b) Approval of applications will be determined by the em- ployer based on the needs and requirements of the school. (2) Period of Leave (a) The period of leave will be for twelve (12) months, from 1 January to 31 December. (b) Participants will not be able to return to a position at the same school during the 12 month leave period. (c) Should alternative employment be sought during the year of leave, the teacher is to advise the employer. (d) Should employment as a teacher be pursued within a Catholic school, only relief work may be undertaken by the teacher. (e) The year of leave, the fifth year, will be taken in accord- ance with the conditions as prescribed within Clause 8—Leave, (3) Leave Without Pay of the Independent Schools’ Teachers’ Award. (3) Payment of Salary (a) During the four year accrual period participants in the scheme receive 80% of their normal fortnightly salary and will thus be taxed at this reduced rate of pay. Normal salary is defined as a teacher’s normal fortnightly salary plus any asso- ciated teaching allowances. In the fifth year, when leave is taken, the participants will receive the money contributed over the four year period. This amount can be paid fortnightly; in one lump sum payment; or two payments, one in each of the financial years. (b) The participant will be taxed only on the amount actu- ally received, in this case approximately 80% of the normal salary (including allowances). This is a significant taxation incentive for participants. It is recommended that, prior to entering into this scheme, prospective participants discuss taxa- tion implications and other related issues with their accountant or financial adviser. (c) It should be noted that interest is not paid on amounts accumulated during the accrual period. A taxation ruling pro- hibits such payment on the basis that people taking advantage of a taxation incentive cannot derive interest on those funds. Interest accrued will be utilised to offset the administrative costs of the fund. (4) Suspension of Contributions (a) Participation in the scheme will be suspended during any period of unpaid leave. Any period of unpaid leave will reduce payments into the fund and therefore proportionately reduce the accrued payment in the year of leave. (b) A participant may elect to suspend contributions for a period of less than twelve months once during the accrual period. This will also reduce the accrued payment in the year of leave. (c) The employer retains the discretionary authority to ap- prove suspension for a period of twelve (12) months at the request of the participant. Such a suspension will extend the taking of the year of leave by one (1) year. (5) Withdrawal (a) The participant may withdraw from the scheme at any time by notifying the employer in writing. It should be noted that only the exact money paid into the scheme will be paid in a lump sum on withdrawal and no interest will be paid on this amount. (b) The participant who withdraws from the scheme will be taxed on the lump sum payment and any other salary received during that financial year. Significant taxation implications may, therefore, apply. (6) Long Service Leave, Sick Leave and Increment Entitle- ments (a) A participant in the scheme will accrue the above enti- tlements at 100% of the normal accrual rate over the first four years only. The fifth year, the year of leave, is a non-accrual period. (b) If a participant becomes eligible for long service leave during the fourth year of the deferred salary scheme, the long service leave entitlement will further be deferred and taken in the fifth year of the scheme or taken in the final term/semester of the fourth year of the scheme, or the first term/ semester of the sixth year. (7) Workers’ Compensation (a) Participants in the scheme are covered by workers’ com- pensation during the first four years of the scheme at 100% of their normal salary. A participant in receipt of workers’ com- pensation during the first four years may elect to continue in the deferred salary scheme or suspend their contributions un- til their return to full duties. (b) Any period of suspension due to workers’ compensation shall be undertaken in accordance with subclause (4) of this clause. (c) During the fifth year, the year of leave, the participant is not covered by workers’ compensation. (8) Superannuation Contributions are based on 100% of the participant’s nor- mal salary over the first four years only. (9) Fund Management The scheme will be managed by the Catholic Education Office. During the four year accrual period, schools will re- mit 20% of salary foregone to the Office on a two or four weekly basis. Participants will receive a statement from the Office at the end of each year showing the amount accumu- lated in the scheme. At the beginning of the fifth year, when leave is taken, the accumulated amount will be forwarded to the participant’s school for payment through the school’s pay- roll. All contributions to the scheme are guaranteed by the Catholic Education Office of WA. (10) Portability (a) Teachers are able to maintain their participation in the scheme should they transfer their employment between Catho- lic schools or to the Catholic Education Office. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4203 80 W.A.I.G. (b) The teacher is obliged to notify the principal prior to appointment of their participation in the Deferred Salary Scheme and the date that leave is due to be taken. (c) Participation in the Deferred Salary Scheme shall not impede an application for employment in a Catholic school. (11) Implementation Date (a) Applications are to be forwarded to the Principal by the close of business 31 August of the year prior to the year of commencement. (b) Schools will endeavour to notify the teacher of the re- sult of their applications by 31 October of the same year. 15.—PROMOTIONAL POSITIONS (1) The minimum promotional allowance payable to teach- ers engaged in the classifications prescribed in Clause 11.—Salaries, subclause (7) of the Award shall be— (a) Promotion Level 1 Category A: 14.8% of the maxi- mum salary level as prescribed in Clause 13.—Salaries of this Agreement. (b) Promotion Level 1 Category B: 12.5% of the maxi- mum salary level as prescribed in Clause 13.- Salaries of this Agreement. (c) Promotion Level 1 Category C: 10.0% of the maxi- mum salary level as prescribed in Clause 13.- Salaries of this Agreement. (d) Promotion Levels 2, 3 and 4 shall be paid 70%, 50% and 30% respectively of Promotion Level 1 of the appropriate school category. (2) In lieu of subclause (1) of this clause, a school may— (a) after consultation with the staff and (b) with the agreement of the parties to this Agreement opt to introduce a school based system of promotional posi- tions to replace the arrangements in subclause (1). (3) The structure and minimum promotional allowance pay- able to teachers engaged in the classifications prescribed in Clause 11.—Salaries, subclause (8), of the Award shall be as follows— (a) In schools with 100—300 students— (i) one Assistant Principal at 15.5% of the maxi- mum salary level as prescribed in Clause 13.—Salaries of this Agreement; or (ii) two Assistant Principals each at 7.75% of the maximum salary level as prescribed in Clause 13.—Salaries of this Agreement. (b) In schools greater than 300 students— (i) two Assistant Principals each at 15.5% of the maximum salary level as prescribed in Clause 13.—Salaries of this Agreement; or (ii) three Assistant Principals each at 10.3% of the maximum salary level as prescribed in Clause 13.—Salaries of this Agreement. 16.—LOCATION ALLOWANCES Teachers shall be paid the allowance provided for below in lieu of the allowance prescribed in subclause (1) of Clause 17.—Location Allowances of the Award. Town Full Rate Half Rate Allowance Allowance $/week $/week Balgo Hills 160.24 80.12 Boulder 14.42 7.21 Beagle Bay 145.36 72.68 Billiluna 160.24 80.12 Broome 104.97 52.48 Carnarvon 45.15 22.58 Derby 109.62 54.81 Esperance 27.11 13.56 Gibb River 160.24 80.12 Kalgoorlie 14.42 7.21 Karratha 108.38 54.19 Kununurra 137.68 68.89 Lake Gregory/Mulan 160.24 80.12 Lombadina 145.36 72.68 Mullewa 5.52 2.76 Port Hedland 101.07 50.54 Town Full Rate Half Rate Allowance Allowance $/week $/week Red Hill/Halls Creek 129.18 64.59 Ringer Soak 160.24 80.12 Southern Cross 26.48 13.24 Tardun 47.93 23.97 Turkey Creek 145.36 72.68 Wyndham 136.66 68.33 17.—SICK LEAVE A medical certificate from a legally qualified medical prac- titioner shall be regarded as proof of sickness. 18.—FAMILY LEAVE (1) Use of sick leave (a) A teacher with responsibilities in relation to either mem- bers of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement for absences to provide care and support for such persons when they are ill. Such leave shall not exceed five (5) days in any calendar year and is not cumulative. (b) The teacher shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned. (c) The entitlement to use sick leave is subject to— (i) the teacher being responsible for the care of the per- son concerned; and (ii) the person concerned being either a member of the teacher’s immediate family or a member of the teach- er’s household. (d) The teacher shall, wherever practicable, give the em- ployer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the teacher, the reasons for taking such leave and the esti- mated length of absence. If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the employer by telephone of such absence at the first opportu- nity on the day of absence. (2) Use of unpaid leave A teacher may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a fam- ily member who is ill. (3) Nothing contained in this clause shall prevent a teacher from making application for leave as prescribed in Clause 8.- Leave, subclause (1) Special Leave of the Award. 19.—LONG SERVICE LEAVE (1) As from 1 January 1995, a teacher’s entitlement to paid long service leave for each year of service within the Catholic Education system, will accrue at the following rates— (a) up to ten years of continuous service, 1.3 weeks for each year of service; (b) for each subsequent year, 1.86 weeks for each year of service. (2) Subject to subclause (5) of this clause, a teacher who has accrued a minimum entitlement of ten weeks’ long serv- ice leave shall be entitled to take such leave. (3) For any service prior to the 1st January 1995, the provi- sions of long service leave shall be that which is prescribed under the terms of the Award. (4) The process required for the taking of leave shall be as follows— (a) the employer shall advise the teacher of his/her im- pending entitlement to take long service leave prior to the completion of term three in the year preced- ing the entitlement becoming due; (b) the teacher shall advise the employer no later than the commencement of term four of the preceding year of their intention or otherwise to take leave; (c) where an agreement has been reached for the taking of long service leave and circumstances arise that necessitates an adjustment of such leave, then any request for the adjustment shall not be unreasonably withheld. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 4204 (5) Where the continuous service of a teacher during the period of accrual contains any period which is less than full time then that teacher’s entitlement shall be calculated as fol- lows— (a) the number of weeks accrued shall be in accordance with subclause (1) above; and (b) payment for the period accrued shall be the average that the teacher’s hours bears to that of a full time teacher over the accrual period. (6) The teacher continues to accrue long service leave enti- tlement for any period during which the teacher is absent on full pay from his/her duties; long service leave does not ac- crue for any period exceeding two weeks during which the teacher is absent on unpaid leave. (7) (a) For the purposes of calculating long service leave entitlement the employer shall allow a break of service up to two terms without penalty to the teacher. Such a break in serv- ice shall be deemed to be ‘leave without pay’ for the purposes of calculating that teacher’s entitlement. (b) The provisions of this subclause shall not prevail if a teacher has been paid a pro-rata payment for accrued long service leave at the time of the break of service. (8) Vacation leave observed by the school shall count for the purposes of calculating a teacher’s entitlement to long serv- ice leave. (9) Any public holiday which occurs during the period a teacher is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted. (10) Where a teacher has become entitled to a period of long service leave in accordance with the clause, the teacher shall commence such leave as soon as possible after the ac- crual date by one of the following options, at a time mutually agreed between the employer and the teacher— (a) as a term with the excess entitlement being retained as unused accrued long service leave; or (b) as a semester, with approved leave without pay for that portion which exceeds the fully accrued long service leave entitlement; or (c) with the agreement of the employer, as a term with the excess entitlement being paid for in addition to the ordinary payment for such leave. (d) with the agreement of the employer and in special circumstances, a lesser period may be taken than that prescribed in this subclause (Notation: For the purposes of this subclause a semester is defined as school terms 1 and 2 or 3 and 4.) (11) Payment for long service leave shall be made in full before the teacher goes on leave, or by agreement between the teacher and the employer at the same time as the teacher’s salary would have been paid if the teacher had remained at work. (12) Where a teacher has completed at least 7 continuous years of service and employment is terminated— (a) by the teacher’s death; or (b) in any circumstances, other than serious misconduct; the amount of leave shall be such as has accrued under the provisions of subclause (1) of this clause. (13) In the case to which subclause (12) of this clause applies, and in any case in which the employment of the teacher who has become entitled to leave hereunder is ter- minated before such leave is taken or fully taken, the employer shall— (a) upon termination of employment otherwise than by death, pay to the teacher; or (b) upon termination of employment by death, pay to the personal representative of the teacher upon re- quest by the personal representative, a sum equivalent to the amount which would have been pay- able in respect of the period of leave to which he/she is entitled or deemed to have been entitled and which would have been taken but for such termination. Such payment shall be deemed to have satisfied the obliga- tion of the employer in respect of leave hereunder. (14) Accrued long service leave entitlements are portable between all Catholic schools in Western Australia and those schools subject to the Catholic Schools Long Service Leave Interstate Portability Agreement. 20.—PARENTAL LEAVE Subject to the terms of this clause, a teacher is entitled to maternity, paternity and adoption leave and to work part time in connection with the birth or adoption of a child. Part 1—Parental Leave (1) Eligibility for Maternity and Paternity Leave (a) If a teacher or the teacher’s spouse becomes pregnant, the teacher shall, subject to the conditions hereunder, be enti- tled to parental leave in accordance with the provisions of this clause. Conditions of eligibility— (i) The teacher is a full-time teacher or is a part-time teacher whose teaching allotment is not less than three hours per week, but not a relief teacher. (ii) The teacher has had not less than 12 months con- tinuous service in Catholic education in Western Australia immediately preceding the date upon which the teacher proceeds on such leave. (iii) The teacher shall produce to the employer a certifi- cate from a legally qualified medical practitioner stating the presumed date of confinement. (iv) The teacher shall produce a statutory declaration stat- ing particulars of any period of parental leave sought or taken by the teacher’s spouse and that for the pe- riod of parental leave the teacher will not engage in any action inconsistent with the teacher’s contract of employment. (b) Such leave shall be without pay. (c) The teacher’s entitlement shall be reduced by any period of parental leave taken by the teacher’s spouse in relation to the same child and, apart from parental leave of up to one week at the time of confinement, shall not be taken concur- rently. (2) Single Period of Parental Leave and Commencement (a) Subject to subclauses (3) and (6) hereof— (i) the period of maternity leave shall be for an unbro- ken period of from six (6) to one hundred and four (104) weeks and shall include a period of six (6) weeks compulsory leave to be taken immediately following confinement; (ii) the period of paternity leave shall be for an unbro- ken period of from one (1) to one hundred and four (104) weeks and shall include a period of one (1) week compulsory leave to be taken immediately fol- lowing confinement. (iii) however, the period of leave for a replacement teacher shall not extend beyond the period for which they have been engaged as a replacement teacher. (b) A teacher shall not less than ten (10) weeks prior to the presumed date of confinement produce to the employer the certificate referred to in subclause (1)(a)(iii) and give notice in writing to the employer setting out the presumed date of confinement and the date upon which the teacher proposes to commence parental leave stating the period of leave to be taken. (c) An employer by not less than fourteen (14) days’ notice in writing to the teacher, may require the teacher to commence maternity leave at anytime within the six (6) weeks immedi- ately prior to her presumed date of confinement, except where the teacher can produce a medical certificate from the legally qualified medical practitioner in subclause (1)(a)(iii) stating that they are fit to continue normal duties during the six (6) weeks prior to the presumed date of confinement. (d) A teacher shall not be in breach of this provision as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is oc- casioned by the confinement occurring earlier than the presumed date. (3) Further period of Parental Leave resulting from a subse- quent pregnancy WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4205 80 W.A.I.G. (a) For the purposes of this clause a further period of paren- tal leave shall mean a period of parental leave resulting from a subsequent pregnancy taken without a return to work from an initial period of parental leave and shall be deemed to be a new and separate period of parental leave. (b) When a teacher who is already on parental leave under this clause applies for a further period of leave because of a subsequent pregnancy, the period of parental leave shall be for an agreed period and shall commence from the date of confinement and shall cease at either the start of the next school year or the start of the year following as determined by the teacher. (c) Application for a subsequent period of parental leave shall comply with the provisions contained in subclauses (1) and (2) above, save that this will not require a teacher cur- rently on paternity leave to return to work during the period of compulsory maternity leave of the mother following the birth of another child. (4) Transfer to a Safe Job prior to Maternity Leave (a) When in the opinion of a legally qualified medical prac- titioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the teacher make it inad- visable for the teacher to continue at her present work the teacher shall, if the employer deems it practicable, be trans- ferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. (b) If the transfer to a safe job is not practicable, the teacher may, or the employer may require the teacher to take leave for such period as is certified necessary by a legally qualified medical practitioner and such leave shall be treated as mater- nity leave for the purposes of subclauses (9), (10), (11) and (13) hereof. (5) Variation of Maternity Leave (a) Provided the addition does not extend each period of parental leave beyond one hundred and four (104) weeks, the period may be lengthened only once (save with the agreement of the employer) by the teacher giving not less than seven (7) weeks notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the em- ployer, be shortened by the teacher giving not less than seven (7) working weeks notice in writing stating the period by which the leave is to be shortened. (c) The provisions of paragraphs (a) and (b) hereof do not apply to those teachers taking further periods of leave, unless the employer consents. (6) Cancellation of Parental Leave (a) Parental leave applied for but not commenced shall be cancelled where the pregnancy of a teacher or the teacher’s spouse terminates other than by the birth of a living child. (b) Where the pregnancy of a teacher then on maternity leave terminates other than by the birth of a living child, it shall be the right of the teacher to resume work at a time nominated by the employer (which shall be no later than the beginning of the next succeeding term from the date of the notice in writ- ing by the teacher to the employer that she wishes to resume work). (c) In this case the teacher may undertake temporary em- ployment with another employer without affecting his/her contract of service with the school from which he/she took leave. (7) Special Maternity Leave and Sick Leave (a) Where the pregnancy of a teacher not then on maternity leave terminates after twenty-eight (28) weeks other than by the birth of a living child, then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a legally qualified medical practitioner certifies as necessary before her return to work; or (ii) for illness other than the normal consequences of confinement she shall be entitled either in lieu of or in addition to special maternity leave to such paid sick leave to which she is then entitled and which a duly qualified medical practitioner certifies as nec- essary before her return to work. (b) Where a teacher not then on maternity leave suffers illness related to her pregnancy, she may take such sick leave to which she is then entitled and such further un- paid leave (to be known as special maternity leave) as a legally qualified medical practitioner certifies as neces- sary before her return to work provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed one hundred and four (104) weeks for the first period of maternity leave. (c) For the purposes of subclauses (8), (9) and (10) hereof maternity leave shall include special maternity leave. (d) A teacher returning to work after a period of leave taken pursuant to this subclause shall, subject to paragraph (e), be entitled to a position commensurate with her qualifications, experience and previous classification. (e) A part-time teacher shall be entitled to return to a posi- tion which includes the same number of hours per week but not necessarily the same times or class levels. (8) Parental Leave and Other Entitlements Provided the aggregate of leave, including leave taken pur- suant to subclauses (4) and (7) hereof, does not exceed one hundred and four (104) weeks for each period of parental leave or does not negate the obligation to return to work at the be- ginning of the school year for further periods of parental leave as defined in subclause (3)(a); (a) a teacher may in lieu of or in conjunction with parental leave take any annual leave or long service leave or any part thereof to which the teacher is then entitled; (b) paid leave other than long service leave is not available to a teacher during the teacher’s absence on parental leave. (9) Effect of Parental Leave on Employment Notwithstanding any provision to the contrary, absence on parental leave shall not break the continuity of service of a teacher but shall not be taken into account in calculating the period of service for any purpose of this Agreement. (10) Termination of Employment (a) A teacher on parental leave may terminate employment at any time during the period of leave by due notice given. (b) An employer shall not terminate the employment of a teacher on the grounds of pregnancy or absence on parental leave but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (11) Return to work after a single period of Parental Leave (a) Except as provided in paragraph (b) hereof, a teacher will return to work only from the beginning of a school term, preferably from the beginning of a school year and will indi- cate an intention of returning to work by giving in writing not less than seven (7) working weeks’ notice wholly within a school term, that notice to be immediately prior to the pro- posed school term of commencement. (b) An employer may by agreement with the teacher arrange for a teacher to return to work at some date other than the commencement of a school term. (c) Provided the notice required pursuant to paragraph (a) above has been given, a teacher shall be entitled to a position commensurate with the teacher’s qualifications, experience and previous classification. (d) A part-time teacher shall be entitled to return to a posi- tion which includes the same number of hours per week, but not necessarily the same times or class levels. (e) If no confirmation of an intention to return is received, the employer shall take reasonable steps of inquiry prior to making other arrangements. (12) Return to work from a further period of parental leave resulting from a subsequent pregnancy (a) A teacher will return to work only from the beginning of a school year and will indicate an intention of returning to work by giving in writing not less than seven (7) working weeks notice wholly within a school term in the school year prior to the intended return. (b) Return to work from a further period of parental leave resulting from a subsequent pregnancy will comply with subclause (11) paragraphs (b), (c), (d) and (e). WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 4206 (13) Replacement Teachers (a) A teacher specifically engaged as a result of a teacher proceeding on parental leave will normally be a replacement teacher provided however that such replacement teacher does not have to fill the position vacated by the teacher proceeding on parental leave. (b) Before an employer engages a replacement teacher un- der this subclause, the employer shall inform that person of the temporary nature of the employment and the rights of the teacher who is being replaced. (c) Before an employer temporarily promotes or transfers a teacher to replace a teacher exercising rights under this clause the employer shall inform that person of the temporary nature of the promotion or transfer and the rights of the teacher who is being replaced. (d) Nothing in this subclause shall be construed as requir- ing an employer to engage a replacement teacher. Part 2—Adoption Leave (1) Definitions In this subclause “child”, in relation to a teacher, means a person under the age of 5 years who is placed with the teacher for the purposes of adoption and who has not previously lived continuously with the teacher for a period of 6 months or more or is not a child or step-child of the teacher or of the spouse of the teacher. “primary care-giver” means a person who assumes the principal role of providing care and attention to a child. “relative adoption” occurs where a child is adopted by a parent, a spouse of a parent or another relative, being a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage). (2) Eligibility for adoption leave (a) A teacher is, on production to the employer of the docu- mentation required by subclause (3) below entitled to one or two periods of adoption leave, the total of which must not exceed 104 weeks in the following circumstances— (i) An unbroken period of up to 3 weeks at a time of the placement of the child (referred to in this subclause as “short adoption leave”); (ii) An unbroken period of up to 104 weeks from the time of the placement of the child in order to be the primary care-giver of the child (referred to in this clause as “extended adoption leave”). This entitle- ment is to be reduced by any period of short adoption leave taken and the aggregate of any periods of adop- tion leave taken or to be taken by the teacher’s spouse in relation to the same child. Save that for a replace- ment or relieving teacher, that period of leave shall not extend beyond the period for which they have been engaged as a replacement or relieving teacher; (b) Extended adoption leave is not to be taken concurrently with adoption leave taken by the teacher’s spouse in relation to the same child. (c) The teacher must have had at least one year of continu- ous service within Catholic education in Western Australia immediately preceding the date on which the teacher com- mences either period of leave. (3) Certification (a) Before taking adoption leave, the teacher must produce to the employer a statement from an adoption agency or an- other appropriate body of the expected date of placement of the child with the teacher for adoption purposes; or a state- ment from the appropriate government authority confirming that the teacher is to have custody of the child pending appli- cation for an adoption order. (b) In relation to any period of extended adoption leave to be taken, the teacher must also produce a statutory declara- tion— (i) stating that the teacher is seeking that period of adop- tion leave to become the primary care-giver of the child; and (ii) stating particulars of any period of adoption leave sought or taken by the teacher’s spouse; and (iii) stating the teacher’s agreement that for the period of the teacher’s adoption leave the teacher will not en- gage in any action inconsistent with the teacher’s contract of employment. (4) Notice requirements (a) On receiving notice of approval for adoption purposes, a teacher must notify the employer of the approval and within two (2) months after receiving notice of the approval, must further notify the employer of the period or periods of adop- tion leave which the teacher proposes to take. In the case of a relative adoption, the teacher must so notify the employer on deciding to take a child into custody pending an application for an adoption order. (b) A teacher who commences employment with an em- ployer after the date of approval for adoption purposes must notify the employer of that date on commencing employment and of the period of adoption leave which the teacher pro- poses to take. (c) A teacher must, as soon as the teacher is aware of the expected date of placement of a child for adoption purposes but no later than fourteen (14) days before the expected date of placement, give notice in writing to the employer of that date, and of the date of commencement of any period of short adoption leave to be taken. (d) A teacher must, at least seven (7) weeks before the pro- posed date of commencing any period of extended adoption leave to be taken, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken. (e) A teacher shall not be in breach of this clause as a conse- quence of failure to give the stipulated period of notice in accordance with paragraphs (c) or (d) hereof if the failure is caused by— (i) the requirement of an adoption agency for the teacher to accept earlier or later placement of a child; or (ii) the death of the teacher’s spouse. (5) Variation of period of adoption leave (a) Provided the addition does not extend adoption leave beyond 104 weeks, the period of extended adoption leave may be lengthened once only by the teacher giving not less than twenty-one (21) days notice in writing stating the period by which the leave is to be lengthened. (b) The period may be further lengthened by agreement between the employer and the teacher. (c) The period of extended adoption leave may, with the consent of the employer, be shortened by the teacher giving not less than seven (7) working weeks notice in writing stat- ing the period by which the leave is to be shortened. (6) Cancellation of adoption leave (a) Adoption leave, applied for but not commenced, is can- celled should the placement of the child not proceed. (b) If the placement of a child for adoption purposes with a teacher then on adoption leave does not proceed or continue, it shall be the right of the teacher to resume work at a time nominated by the employer (which shall be no later than the beginning of the next succeeding term from the date of the notice in writing by the teacher to the employer that the teacher wishes to resume work). (d) In this case, the teacher may undertake temporary em- ployment with another employer without affecting his/her contract of service with the school from which he/she took leave. (7) Special Adoption leave The employer must grant to any teacher who is seeking to adopt a child any leave not exceeding two (2) days (paid or otherwise), that is required by the teacher to attend any com- pulsory interviews or examinations that are necessary as part of the adoption procedure. (8) Adoption leave and other entitlements (a) So long as the aggregate of any leave, including leave taken under this subclause does not exceed 104 weeks, a teacher may, instead of or in conjunction with adoption leave, take any annual leave or long service leave or any part of it to which the teacher is entitled. (b) Paid leave other than long service leave is not available to a teacher during the teacher’s absence on adoption leave. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4207 80 W.A.I.G. (9) Effect of adoption leave on employment Notwithstanding any provision to the contrary, absence on adoption leave shall not break the continuity of service of a teacher but shall not be taken into account in calculating the period of service for any purpose of this Agreement provided that absence on adoption leave shall count for purposes of subclause (2)(c) above. (10) Termination of employment (a) A teacher on adoption leave may terminate employment at any time during the period of leave by due notice given. (b) An employer shall not terminate the employment of a teacher on the ground of the teacher’s absence on adoption leave but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (11) Return to work after adoption leave (a) Except as provided in paragraph (b) hereof, a teacher will return to work only from the beginning of a school term, preferably from the beginning of a school year and will indicate an intention of returning to work by giving in writing not less than seven (7) weeks’ notice, that no- tice to be immediately prior to the proposed school term of commencement. (b) An employer may by agreement with the teacher arrange for a teacher to return to work at some date other than the commencement of a school term. (c) Provided the notice required pursuant to subclause (a) above has been given, a teacher shall be entitled to a position commensurate with the teacher’s qualifications, experience and previous classification. (d) A part-time teacher shall be entitled to return to a posi- tion which includes the same number of hours per week, but not necessarily the same times or class levels. (e) If no confirmation of an intention to return is received, the employer shall take reasonable steps of inquiry prior to making other arrangements. (12) Replacement Teachers (a) A teacher specifically engaged as a result of a teacher proceeding on adoption leave will normally be a replacement teacher provided however that such replacement teacher does not have to fill the position vacated by the teacher proceeding on adoption leave. (b) Before an employer engages a replacement teacher un- der this subclause, the employer shall inform that person of the temporary nature of the employment and the rights of the teacher who is being replaced. (c) Before an employer temporarily promotes or transfers a teacher to replace a teacher exercising rights under this clause the employer shall inform that person of the temporary nature of the promotion or transfer and the rights of the teacher who is being replaced. (d) Nothing in this subclause shall be construed as requir- ing an employer to engage a replacement teacher. Part 3—Part-time Work (1) Definitions In this subclause “Female teacher” means an employed female who is pregnant or is caring for a child whom she has borne or a child who has been placed with her for adoption pur- poses. “Male teacher” means an employed male who is caring for a child of his spouse or a child placed with the teacher for adoption purposes. “Part-time employment” means work of a lesser number of hours than constitutes full-time work un- der this Agreement, but does not include temporary or casual work. “Former position” means the position held by a teacher immediately before commencing part-time employment under this subclause or, if such position no longer exists but there are other positions available for which the teacher is qualified and capable of performing, a position as nearly as possible comparable in status and pay to that of the position held by the teacher immediately before com- mencing part-time work. (2) Entitlement With the agreement of the employer— (a) a female teacher may work part-time in one or more periods while she is pregnant where part-time em- ployment is, because of the pregnancy necessary or desirable; (b) a female teacher may work part-time in one or more periods at any time from the seventh week after the date of the birth of the child until its third birthday; (c) a male teacher may work part-time in one or more periods at any time from the date of the birth of the child until its third birthday; (e) in relation to adoption, a female or male teacher may work part-time in one or more periods at any time from the date of placement of the child until the third anniversary of that date. (3) Return to former position (a) A teacher who has had at least one year of continuous service within Catholic education in Western Australia imme- diately before commencing part-time employment after the birth or placement of a child has, at the expiration of the pe- riod of such part-time employment or the first period, if there is more than one, the right to return to their former position. (b) Nothing in paragraph (a) hereof shall prevent the em- ployer from permitting the teacher to return to their former position after a second or subsequent period of part-time em- ployment. (4) Effect of part-time work on continuous service Under this Agreement, commencement on part-time employ- ment under this subclause and return from part-time employment to full-time employment under this subclause does not break the continuity of service of a teacher. (5) Pro-rata entitlements Subject to the provisions of this subclause and the matters agreed to in subclause (6) hereof, part-time employment shall be in accordance with the provisions of the Award and/or this Agreement and shall apply pro-rata. (6) Part-time Work Agreement (a) Before commencing a period of part-time employment under this subclause the employer and the teacher shall agree— (i) that the teacher may work part-time; (ii) upon the hours to be worked by the teacher, the days upon which they will be worked and the commenc- ing times for the work; (iii) upon the period of part-time employment. (b) The terms of this agreement may be varied by consent. (c) The terms of this agreement and any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the teacher by the employer. (d) The work to be performed part-time need not be the work performed by the teacher in the teacher’s former posi- tion but shall be work commensurate with the teacher’s qualifications, experience and previous classification. (e) An employer may request, but not require, a teacher working part-time under this clause to work outside or in ex- cess of the teacher’s ordinary hours of duty provided for in accordance with paragraph (a) hereof. (7) Termination of Employment (a) The employment of a part-time teacher under this clause may be terminated in accordance with the provisions of the Award and/or this Agreement but may not be terminated by the employer because the teacher has exercised or proposes to exercise any rights under this clause or has enjoyed or pro- poses to enjoy any benefits arising under this clause. (b) Any termination benefits payable to a teacher whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part- time work under this clause shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time teacher as qualifying for a termination entitlement based on the period of full-time em- ployment and all service as a part-time teacher on a pro-rata basis. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 4208 (8) Replacement Teachers (a) A teacher specifically engaged as a result of a teacher proceeding on part-time employment under this subclause will normally be a replacement teacher. (b) Before an employer engages a replacement teacher un- der this subclause, the employer shall inform that person of the temporary nature of the employment and the rights of the teacher who is being replaced. (c) Before an employer temporarily promotes or transfers a teacher to replace a teacher exercising rights under this clause the employer shall inform that person of the temporary nature of the promotion or transfer and the rights of the teacher who is being replaced. (d) Nothing in this subclause shall be construed as requir- ing an employer to engage a replacement teacher. 21.—REDUNDANCY PROVISIONS (1) Should a position in a Catholic school become redun- dant then the provisions of— (a) the Workplace Relations Act (1996); and/or (b) the Catholic Education Commission of Western Australia policy on redundancy; and/or (c) this Agreement, whichever is the greater, shall apply. (2) In calculating the years of service of a teacher, all con- tinuous service within Catholic schools in Western Australia 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 employer shall make redundancy pay- ments 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 16 weeks. (4) When the employer identifies a potential redundancy and before a teacher is named as the person whose position has been declared redundant, the employer shall offer all teach- ers at that 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. (5) Continuity of service for all purposes of the Award and/ or this Agreement shall apply where a teacher has been made redundant and is re-employed by a Catholic school within six months. (6) If during the life of this Agreement the Australian In- dustrial 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. (7) Notwithstanding the other provisions of this clause, noth- ing shall prevent the parties from negotiating a redundancy settlement in excess of the provisions as determined in subclause (3) of this clause. 22.—PLAYGROUND DUTY Where a teacher is required to perform playground supervi- sion, such supervision shall be so rostered as to allow a fair and reasonable midday meal break. 23.—FLEXIBILITY IN THE SCHOOL DAY/YEAR (1) Flexible working hours for teachers may be implemented at schools where an improved curriculum can be offered, or more effective and efficient use of resources occurs. The following criteria shall be applied prior to the imple- mentation of flexible hours— (a) a consultative process to occur at school level in- volving all stakeholders, including the ISSOA, school decision making groups, parents, students and staff; (b) issues such as duty of care, health, safety and wel- fare, equity and other legislative requirements allowed for; (c) workloads and career aspirations have been consid- ered; (d) individual circumstances have been fairly and rea- sonably considered; (e) the distribution of hours to be equitable. (2) Specifically excluded from these flexibility arrangements are increased working hours for teachers. 24.—MANNER OF LIFE (1) Where an allegation has been made against a teacher with regard to the teacher’s manner of life and/or stated be- liefs which may be in breach of Clause 11.—Conditions of Employment, subclause (2)(a) of this Agreement, the follow- ing procedures shall apply— (2) The Allegation (a) Any allegation for breach of this clause shall be directed to the Principal of the school in which the teacher is employed and shall be in writing stating— (i) the nature of the allegation; (ii) the proof supporting the allegation; and (iii) the source of the allegation. (b) The person/s making the allegation must have direct knowledge of the alleged breach and shall be required to sup- port the allegation in conformity with the provisions as outlined in paragraph (a) of this subclause. (c) The Principal and/or the person/s making the allegation should observe confidentiality at all times and the Principal shall advise such person/s of the seriousness of their allega- tion and counsel such person/s of the consequences of malicious, false or exaggerated allegations. (d) The employer shall record the details of the allegation and where necessary clarify any matter pertaining to the allegation. (3) Advising the Teacher (a) (i) Should the employer determine that the allegation cannot be sustained, the matter shall be discontinued and the person/s making the allegation advised accordingly. (ii) Should the circumstances warrant, the employer may advise the teacher of the allegation and the outcome as pre- scribed in paragraph (a)(i) of this subclause. (b) If the employer determines that the allegation needs to be acted upon, he/she shall advise the teacher in writing stat- ing— (i) the nature of the allegation; (ii) the proof supporting the allegation; (iii) the source of the allegation; (iv) the potential consequences if the allegation is proven; (v) that the teacher is not required to answer the allega- tion immediately but may elect to seek the appropriate advice and representation; and (vi) a reasonable time frame for a response. (4) Where an allegation for breach of this clause has been confirmed by the teacher, the teacher shall be offered the op- portunity to rectify the matter where possible, in a manner agreed between the teacher and the employer. Such agree- ment shall be in writing. (5) Should the matter not be resolved in accordance with subclauses (3) or (4) of this clause, the provisions of Clause 30.—Dispute Avoidance and Grievance Procedures of this Agreement shall apply. 25.—PROFESSIONAL DEVELOPMENT Professional development has as its priority the upgrading of professional knowledge and skills. Both the school and the teacher should share the responsibility of teachers’ professional development. In addition to courses provided in school hours, the parties accept that courses outside of school hours should be made available to teachers. Access to such courses should be at the discretion of the teacher. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4209 80 W.A.I.G. 26.—PROFESSIONAL RESPONSIBILITIES (1) The parties recognise that there is a wide range of duties and responsibilities involved in the profession of teaching. (2) The parties recognise that the following principles ap- ply in addressing the fair and reasonable participation of teachers— (a) Much of the life and culture of the school is derived from school activities involving teachers and students conducted outside regular classroom contact; (b) The efforts of teachers who contribute significantly to the life and values of the school should be recog- nised; (c) Duty of care responsibilities must be considered in the planning of all activities conducted by the school; (d) There will be collaborative planning between school and staff in the allocation of teachers to all activities conducted by the school; (e) The competence, skills and qualifications of teach- ers, including part-time teachers, will be considered in the planning and allocating of activities conducted by the school, having regard for the teacher’s pro- fessional development and family responsibilities; (f) Some schools may have expanded educational pro- grams which may require flexible employment arrangements. 27.—SUMMATIVE APPRAISAL During the life of this Agreement, all forms of teacher ap- praisal (including Summative and Senior Teacher appraisal) will be re-negotiated. 28.—PART TIME TEACHERS (1) Contract of employment (a) In engaging a part time teacher schools will recognise that part time teachers are entitled to supplement their income through other employment. (b) The number of hours of scheduled class time and pro- fessional responsibilities and duties of a part time teacher shall be set out in writing by the employer at the time of engage- ment and at any other time when a variation occurs. (2) A part time teacher’s weekly rate of pay shall be as- sessed according to the following formula— Hours worked x the appropriate Full time teachers’ hours full time salary Note: Hours = the number of hours of scheduled class time for the teacher (3) A part time teacher in a Primary School shall be given a proportional amount of release time for planning and prepa- ration as given to a full time teacher in that school. (4) A part time teacher shall be expected to undertake a pro- portional number of additional duties normally expected of a full time teacher in that school, provided that those duties fall at times adjoining that teacher’s normal scheduled classroom teaching hours or on a usual day of employment, e.g. yard supervision, staff meetings, etc. (5) Additional hours (a) Where an employer requires and the part time teacher agrees to work additional hours, the teacher shall be paid for each additional hour or part thereof at that teacher’s normal part-time hourly rate of pay. (b) Such additional hours worked under this arrangement shall not result in proportionate adjustments under any other clause in the Award or this Agreement. (6) Variation of hours (a) The school may vary the teaching load of a part time teacher from the beginning of each school year with 6 weeks notice or at any time by agreement with the teacher. (b) In the absence of the required notice as per subclause (a) and provided that the change involves a decrease in salary, the teacher’s salary will be maintained at its former level for the period of the notice not given. 29.—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 nor- mally exceed 3 days for any one instance. 30.—DISPUTE AVOIDANCE AND GRIEVANCE PROCEDURE (1) The objective of these procedures is the avoidance and resolution of industrial disputation by measures based on con- sultation, co-operation and negotiation and the parties to a dispute shall make reasonable attempts to resolve the matter by mutual discussion and determination. (2) Without prejudice to either party, the parties to this Agree- ment shall ensure the continuation of work in accordance with the Award, this Agreement and the custom and practice in Catholic Schools in Western Australia. (3) (a) In the event of any matter arising which is of con- cern, the teacher shall discuss this matter with the Principal or his/her nominee. (b) If the matter is not resolved at this level, the teacher and/ or the Principal may refer the matter to the Independent Schools Salaried Officers’ Association and/or the Catholic Education Office (Employee and Community Relations Team). (In an attempt to resolve the matter it may be necessary to have formal discussion between the ISSOA and the Director of Catholic Education in Western Australia.) (c) If the matter cannot be resolved at this level it may be referred to the Western Australian Industrial Relations Com- mission. (4) Nothing contained in this procedure shall prevent the Secretary of the ISSOA or his/her nominee or the Director of Catholic Education in Western Australia or his/her nominee from entering into negotiations at any level either at the re- quest of any of the parties to the dispute or on their own initiative in respect of matters in dispute should such action be considered conducive to achieving resolution of the dis- pute. 31.—SIGNATURES .......................................... (Signature) (Name of signatory in block letters) The Roman Catholic Bishop of Bunbury .......................................... (Signature) (Name of signatory in block letters) Independent Schools Salaried Officers’ Association of Western Australia, Industrial Union of Workers WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 4210 WESTERN AUSTRALIAN CATHOLIC SCHOOLS (ENTERPRISE BARGAINING) AGREEMENT NO. 7 OF 2000. No. AG 176 of 2000. 2000 WAIRC 00508