Independent Schools NSW Teachers (Hybrid Model) Multi

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2021/8786)

INDEPENDENT SCHOOLS NSW TEACHERS (HYBRID MODEL)

MULTI-ENTERPRISE AGREEMENT 2021

Educational services

DEPUTY PRESIDENT DEAN

CANBERRA, 4 MARCH 2022

Application for approval of the Independent Schools NSW Teachers (Hybrid Model) Multi-

Enterprise Agreement 2021.

[1] An application has been made for approval of a multi-enterprise agreement known as

the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the

Act). It has been made by The Association of Independent Schools of New South Wales

Limited.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The Independent Education Union of Australia, being a bargaining representative for

the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover

it. In accordance with s 201(2), the Commission notes that the Agreement covers this

organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

11 March 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

[2022] FWCA 794

DECISION

[2022] FWCA 794

Printed by authority of the Commonwealth Government Printer

Independent Schools NSW

Teachers (Hybrid Model)

Multi-Enterprise Agreement

2021

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 2

PART A – Application and Operation

1. Title

This Agreement shall be known as the Independent Schools NSW Teachers (Hybrid Model)

Multi-Enterprise Agreement 2021.

2. Arrangement

This Agreement is arranged as follows:

1. Title

2. Arrangement

3. Definitions

4. Scope and Parties Bound

5. Commencement Date of Agreement and Period of Operation

6. Salary Scales

7. Remuneration Package

8. Promotions Positions

9. Terms of Engagement

10. Pro Rata Payment for Non-Term Time

11. Annual Leave Loading

12. Leave Entitlements

12.1 Personal/Carer’s Leave

12.2 Parental Leave

12.3 Long Service Leave

12.4 Compassionate Leave

12.5 Unpaid Compassionate Leave – Casual Teachers

12.6 Military Reserve Leave

12.7 Examination/Study Leave

12.8 Jury Service

12.9 Family and Domestic Violence Leave

12.10 Paid Natural Disaster Leave

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 3

13. Teacher Skill Development

14. Disputes Procedure

15. Superannuation

16. Suspension

17. No Extra Claims

18. Union Representatives

19. Flexibility Clause

20. Requests for Flexible Working Arrangements

PART B – Monetary Rates

Attachment A : Teacher Classifications

Attachment B: Consultation and Redundancy

Attachment C: Particular Conditions for Teachers employed in Preschools and other

Early Childhood Services

Attachment D: Legal Entities and Schools covered by this Agreement

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 4

3. Definitions

For the purpose of this Agreement:

(a) Act means the Fair Work Act 2009 (Cth).

(b) Agreement means Independent Schools NSW Teachers (Hybrid Model) Multi-

Enterprise Agreement 2021.

(d) Casual Teacher means a Teacher who is engaged as a casual employee (as defined

in the Act) for a period not exceeding four weeks. Provided that such casual

engagement may continue beyond four weeks for a further four weeks where the

Casual Teacher is replacing a Teacher absent for a period which extends beyond four

weeks (and such longer absence was not anticipated when the Casual Teacher was

engaged).

(e) Conditionally Accredited Teacher means a Teacher who is conditionally accredited

under the Teacher Accreditation Act 2004 (NSW).

(f) Degree Course means a course of study at a recognised higher education institution

of at least three years full-time duration, or its part-time equivalent.

(g) Deputy Principal means a Teacher appointed as such in a primary or secondary

department, who assists the Principal in his/her responsibility for the conduct and

organisation of the school.

(h) Employer means an Employer covered by this Agreement.

(i) Equivalent qualifications or equivalent course means qualification or a course

which is specified by Attachment A of this Agreement as being equivalent to a

particular qualification or course prescribed by this Agreement, which the school and

the Teacher agree as being equivalent to the qualification or course prescribed by the

clause in question in this Agreement or which the Fair Work Commission determines

as being so equivalent.

(j) Experienced Teacher means a Teacher who is accredited at Proficient Teacher level

under the Teacher Accreditation Act 2004 (NSW) or the ACT Teacher Quality Institute

Act 2010 (ACT) and has maintained that level of accreditation for at least five full time

equivalent years in NSW and four full time equivalent years in the ACT, and has been

assessed by ISTAA as meeting the ISTAA Experienced Teacher Standards (as

agreed between the Union and the Association of Independent Schools of NSW),

subject to the provisions of clauses 6.2 and 6.3.

(k) Five Years Trained Teacher means a Teacher who is:

(i) A Teacher who has obtained a degree from a recognised higher education

institution which requires a minimum of four years full-time study and who has,

in addition, satisfactorily completed at least a one year full-time course in

teacher education including a Diploma in Education from a recognised higher

education institution; or

(ii) A Teacher who is a graduate and who in addition:

(A) obtains by study a Master’s Degree or Doctorate, from a recognised

higher education institution and satisfactorily completes at least a one

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 5

year full-time course in teacher education including a Diploma in

Education from a recognised higher education institution, or

(B) satisfactorily completes a two year full-time equivalent Master of

Teaching degree; or

(iii) A Teacher who is a graduate in Education [five year course]; or

(iv) Teacher who has obtained other equivalent qualifications as defined in

paragraph (i) above.

(l) Four Years Trained Teacher means:

(i) A Teacher who is a graduate in Education [four year course]; or

(ii) A Teacher who is a graduate who holds a Diploma in Education from a

recognised higher education institution; or

(iii) A Teacher who is a graduate who has satisfactorily completed at least a one

year full-time course in teacher education at a recognised higher education

institution, or who has acquired other equivalent qualifications; or

(iv) A Teacher who has acquired other equivalent qualifications as defined in

paragraph (i) above; or

(v) A Teacher who is not otherwise classified.

(m) Full-Time Teacher means any Teacher other than a Casual or Part-Time Teacher.

(n) Graduate Teacher in NSW means a Teacher who holds a degree from a higher

education institution or has acquired other equivalent qualifications as defined in

paragraph (i) above. Graduate Teacher in the ACT means a Teacher who has been

awarded Provisional Registration by the ACT Teacher Quality Institute.

(o) Head of School means a Teacher, senior to a Deputy Principal, appointed to manage

a campus of a multi-campus school, such campus being geographically or

organisationally distinct from the main campus of the school provided that the position

of Head of School is remunerated at a rate at least 20% above the maximum salary

and allowance payable from time to time pursuant to this Agreement.

(p) Highly Accomplished Teacher means a Teacher who has been classified as such

by NESA or TQI.

(q) ISTAA means the Independent Schools Teachers Accreditation Authority.

(r) NES means the National Employment Standards set out in Part 2-2 of the Fair Work

Act.

(s) NESA means the New South Wales Education Standards Authority.

(t) Part-Time Teacher means a Teacher who is engaged to work regularly, but for less

than a full school week and not more than 0.8 of the normal hours which a Full-Time

Teacher at the School is required to teach.

Provided that a Part-Time Teacher may work more than 0.8 of the normal full-time

load where an agreement has been reached by the parties. Such agreement shall be

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 6

in writing and shall include the length of the term of the arrangement and the

scheduling of time.

(u) Permit to Teach means a permit issued to a Teacher in the ACT pursuant to the ACT

Teacher Quality Institute Act 2010 (ACT).

(v) Positions of Special Responsibility:

(i) Co-ordinator 1 means a Teacher appointed as such in a primary or secondary

department who is:

(A) responsible for the co-ordination of a programme of work in an area of

instruction or other activity; or

(B) required to assist a Co-ordinator 2 in the performance of his/her duties;

(ii) Co-ordinator 2 means a Teacher appointed as such in a primary or secondary

department who is responsible to the Principal for the co-ordination of a

programme of work in an area of instruction or other activity.

(iii) Co-ordinator 3 means a Teacher appointed as such in a primary or secondary

department who is responsible to the Principal for:

(A) the supervision of Co-ordinators 1 and 2, and Senior Teacher Level 2;

and/or

(B) the co-ordination and supervision of the academic programme of the

school in the secondary or primary departments or both; and/or

(D) other duties as required by the Principal.

(w) Primary Department means that section or division of the school which provides a

primary education [including infants], even if the school provides primary education

only.

(x) Proficient Teacher means a Teacher who has been accredited as a Proficient

Teacher as required by NESA in NSW or who has full registration as required by TQI

in the ACT. Proficient Teacher shall be deemed to include a Teacher who has more

than two years of service and was not required by NESA or TQI to obtain Proficient

Teacher accreditation or registration because he or she was an existing teacher in

NSW in 2004 or in the ACT in 2011.

(y) Provisionally Accredited Teacher means in NSW a Teacher who is provisionally

accredited under the Teacher Accreditation Act 2004 (NSW). Provisionally

Accredited Teacher in the ACT means a Teacher who is provisionally registered

under the ACT Teacher Quality Institute Act 2010 (ACT).

(z) Recognised Higher Education Institution means an Australian university

recognised by the relevant Australian tertiary education authority from time to time or

a former college of advanced education recognised by the Tertiary Education

Commission.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 7

(aa) Recognised School means a school registered under the provisions of the Education

Act 1990 (NSW) or the Education Act 2004 (ACT) or any registered special school

within the meaning of either Act or school for students with a disability.

(bb) School Service Date means the usual commencement date of employment at the

School for Teachers who are to commence teaching on the first day of the first term.

The School will notify the Teacher in writing upon commencement of the School

Service Date that will apply to their employment.

(cc) Secondary Department means that section or division of the school which is not a

primary department, even if the school provides secondary education only.

(dd) Senior Teacher 1 means a Four Years or Five Years Trained Teacher who has

completed at least 12 months full-time service or its part-time equivalent on Step 13

and who has been awarded the classification by an employing authority.

(ee) Senior Teacher 2 means a Teacher appointed as such in a primary or secondary

department, who is responsible for developing and implementing outstanding

teaching practice and leadership with particular reference to the performance and

quality of Teachers in the school, or who is required to perform other duties of

comparable level (including in the area of pastoral care) requiring a high level of

professional expertise.

(ff) Teacher means a person employed as such to assist the Principal in the work of the

school.

(gg) Temporary Teacher means a Teacher employed to work Full-Time or Part-Time for

a specified period which is at least four weeks but not more than a full school year.

Teachers may be engaged on a temporary basis for the following reasons:

(i) to undertake a funded project, initiative or specified task that is not expected to

continue beyond a full school year;

(ii) to replace a Teacher who is on leave or performing other duties temporarily; or

(iii) to replace a Teacher whose employment terminated after the commencement

of the school year.

Provided that where the replacement arrangement pursuant to subclause (gg)(ii)

extends beyond one full school year, the Teacher may be employed for a specific

period in excess of a full school year but not more than two full school years where

the Teacher is replacing a Teacher on leave for a specific period in excess of a full

school year.

A Teacher shall not be employed on a temporary basis unless any advertisement for

the position stated the position was temporary and the Teacher is advised in writing

at the point he or she is offered the position that it is temporary, the reason the

engagement is temporary and the length of engagement. A Teacher shall not be

engaged on a temporary basis for the purpose of probation.

(hh) TQI means the ACT Teacher Quality Institute established by the ACT Government

under the ACT Teacher Quality Institute Act 2010 (ACT).

(ii) Union means the Independent Education Union of Australia.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 8

4. Scope and Parties Bound

4.1 Parties Bound

Subject to clause 4.2, this Agreement shall cover:

(a) Employers listed in Attachment D – Legal Entities and Schools Covered by this

Agreement in respect of schools listed in Attachment D; and

(b) Teachers as defined in clause 3(ff) employed at the schools in Attachment D – Legal

Entities and Schools Covered by this Agreement, including at any preschool or

other early childhood service attached to or operated by the school.

4.2 Exclusions

This Agreement shall not apply to:

(a) persons appointed as Heads of School and Principals; and

(b) persons instructing students of the School in the areas of music or other individual

arts and engaged on an individual fee basis; and

(d) foreign language or LOTE Teachers engaged to instruct students on an individual

basis (e.g. conversation or other individual tuition); and

(e) persons employed as teacher’s aides, helpers, assistants or supervisors in or in

connection with child care, child minding centres, Before and After Care and Vacation

Care services; and

(f) psychologists or counsellors (unless appointed as Teachers); and

(g) teachers employed to work in early intervention services run by Aspect, and

(h) employees who are engaged for the purpose of religious instruction or supervision of

prayers or to undertake other religious duties of a non-teaching nature.

Except where such persons are employed specifically to teach classes of students in the

NESA Curriculum or other education programme or are degree qualified early childhood

Teachers; and

Provided further this Agreement shall not apply to Teachers employed in the Columba

Cottage Early Learning Centre and the Columba Collage Early Learning Centre OSHC

owned and operated by St Columba Anglican School Council Inc.

5. Commencement Date of Agreement and Period of Operation

(a) This Agreement commences on and from 1 February 2022 or seven days after the

date of approval by the Fair Work Commission, whichever is the later. The nominal

expiry date of this Agreement is 31 January 2025.

(b) This Agreement does not exclude the NES and the NES will continue to apply to the

extent that the Agreement is detrimental, in any respect, when compared to the NES.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 9

Agreement do not commence until the first full pay period on or after 1 February 2022.

For the period between 1 February 2022 and the first full pay period on or after 1

February 2022, each Teacher covered by this Agreement shall be paid the relevant

rate of pay applicable from 1 February 2020 as set out in the Tables in Part B -

Monetary Rates.

(d) If the Agreement commences after the first full pay period on or after 1 February 2022,

the difference between the actual rate of pay received by a Teacher and the amounts

set out in this Agreement shall be paid to the Teacher as soon as practicable after

commencement of the Agreement.

6. Salary Scales

6.1 Salaries

The minimum annual rate of salary payable to Full-Time Teachers shall be as set out in Table

1A – Salaries of Part B, Monetary Rates. Weekly salaries shall be ascertained by dividing

the annual salaries in Table 1A – Salaries of Part B - Monetary Rates, by 52

1/7

6.2 Classifications

(a) A Teacher’s classification will be determined by the Teacher’s qualifications (a Four or Five

Years Trained Teacher), years of teaching service as defined in clause 6.3 and the

Teacher’s accreditation (the applicable Band) in accordance with the following table and

as determined in accordance with this clause.

Band Step Accreditation (or Equivalent) Status

Band 1

Provisionally and Conditionally Accredited

Teachers in NSW and Graduate or

Provisionally Registered Teachers in the ACT

or Teachers who hold a permit to Teach in the

ACT

(who have not yet attained Proficient

Teacher as required by NESA or TQI).

Band 2

Teachers accredited at the level of Proficient

Teacher by NESA or TQI; or

In NSW, a Teacher employed for the first time

in NSW prior to 1 October 2004 who has

completed 2 years of full-

time equivalent

service but less than 8 years of full-time

equivalent service.

Band 3

Experienced Teacher accredited as such by

ISTAA;

Experienced Teacher in accordance with

clause 6.2(e)(ii) or (iii) or (f)(i).

(b) Four Years Trained Teacher (Band 1 and Band 2)

A Four Years Trained Teacher shall commence on Step 5 of Band 1 and shall

progress according to years of full-time equivalent service to Step 7, provided that the

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 10

Teacher shall immediately progress from any step in Band 1 to Band 2 (Step 8) from

the first full pay period on or after the Teacher achieves Proficient Teacher

accreditation. The Teacher shall then progress according to full-time equivalent years

of service to Step 13.

A Five Years Trained Teacher shall commence on Step 6 of Band 1 and shall progress

after a year of full-time equivalent service to Step 7, provided that the Teacher shall

immediately progress from any step in Band 1 to Band 2 (Step 8) from the first full pay

period on or after the Teacher achieves Proficient Teacher accreditation. The

Teacher shall then progress according to years of full-time equivalent service to Step

13.

(d) Band 3

A Teacher will progress to Band 3 from the first full pay period on or after 1 February

in the year immediately after the Teacher has:

(i) achieved Proficient Teacher accreditation and maintained that level of

accreditation for at least five full-time equivalent years of service by the end of

the year in which the application is assessed in the case of Teachers for whom

such accreditation is required; and

(ii) been assessed by ISTAA as meeting the ISTAA Experienced Teacher

standards.

(e) A Teacher shall be advised at the time he or she is offered appointment to the School of

the step level, salary and Band applicable, determined as follows:

(i) A Teacher shall be placed on the step between Step 5 and Step 13 that is not

less than the step based on their existing years of service and accreditation in

accordance with clauses 6.2(b) and (c).

(ii) A Teacher who, immediately prior to their appointment, was employed in a

school covered by a Standards or Hybrid - 3 Band Agreement and was classified

to be an Experienced Teacher (Band 3) in accordance with the provisions of

that agreement, shall be placed on Band 3.

(iii) A Teacher who immediately prior to their appointment was employed at a school

covered by an industrial instrument which did not contain the classification of

Experienced Teacher will be classified as an Experienced Teacher on

appointment if:

(A) they had previously attained the classification of Senior Teacher 1; or

(B) in the case of a Teacher who commences employment on or after 1 January

2022, if the Teacher on appointment has completed 8 or more years of full-

time equivalent service as defined in clause 6.3.

(iv) A Teacher who has more than two years teaching service but does not have

Proficient Teacher status because he or she was an existing teacher in NSW

prior to 1 October 2004 and was not required to attain Proficient Teacher

accreditation, or because he or she has teaching service outside of NSW, will

be deemed to be Proficient Teacher for the purpose of this clause 6.2 only.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 11

(f) Savings Clause (for existing Teachers)

(i) Senior Teacher 1

A Teacher classified as Senior Teacher 1 as at 1 January 2018 will be classified

as Band 3.

(ii) A Teacher employed in a School that was covered by the provisions of the

Independent Schools NSW (Teachers) Multi-Enterprise Agreement 2017 or the

Educational Services (Teachers) Modern Award 2020 immediately prior to the

Commencement Date of this Agreement:

(A) who held the classification of Senior Teacher 1 pursuant to the

Independent Schools NSW (Teachers) Multi-Enterprise Agreement

2017 will be classified as Band 3;

(B) who has completed 8 or more years of full-time equivalent service as

defined in clause 6.3, will be classified as Band 3;

otherwise received immediately prior to the Commencement Date.

(iii) In respect of Teachers employed by a School immediately prior to 30 March

2017, where that School was covered by the Independent Schools NSW

Teachers (Hybrid Model) Multi-Enterprise Agreement 2017, the provisions of

clause 6.2(h) Savings Clause will operate as a term of this Agreement, in

respect of such Teachers who continue to be employed by that School.

6.3 Full-Time Equivalent Service

(a) For the purpose of this clause, full-time equivalent service means teaching service

equivalent to full-time teaching service in Recognised Schools or in schools certified

or registered under the appropriate legislation in other States or Territories of the

Commonwealth of Australia. For the purpose of calculating service:

(i) Any employment as a Full-Time Teacher (including employment as a

Temporary Full-Time Teacher), shall be counted as service;

(ii) The amount of service of a Part-Time Teacher (including a Temporary Part-

Time Teacher) shall be calculated by reference to the ratio which the number of

hours taught by the Teacher in any year bears to the normal number of hours

taught by a Full-Time Teacher at the school in the same year;

(iii) Casual Teachers shall be entitled to normal incremental progression on the

basis of one increment for each 204 days of service.

(b) In addition to service set out in clause 6.3(a):

(i) Teaching service of a Teacher in the United States, United Kingdom, Ireland,

Canada and New Zealand; and

(ii) Teaching service of a Teacher in other English speaking countries in which the

Teacher Education Qualifications are recognised by NESA or TQI as equivalent

to qualifications from an Australian university, shall be recognised in accordance

with the principles set out in clause 6.3(a)(i) - (iii) and subject to the teaching

service being in a recognised school or equivalent.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 12

above, such service shall be deemed to be equivalent teaching service with that

School.

6.4 Special Education Allowance

Teachers appointed to teach classes of children with a disability in a registered school shall

be paid in addition to the salaries provided for in clause 6.1, an allowance set out in Item 1

of Table 2 – Other Rates and Allowances of Part B - Monetary Rates. A Part-Time

Teacher shall receive the allowance set out in Item 2 of Table 2.

6.5 Payment Fortnightly / Monthly

(a) The salary payable to any Teacher other than a Casual Teacher pursuant to this

clause, shall be payable either fortnightly or, by mutual agreement, monthly provided

that payment must be two weeks in advance where paid monthly.

(b) Where the pay day for a monthly pay period falls on a Saturday, Sunday or public

holiday, salaries shall be paid on the day not being a Saturday, Sunday or public

holiday immediately preceding said pay day.

election of the school by either cash, cheque or Electronic Funds Transfer into an

account-nominated by the Teacher.

6.6 Payment of Part-Time, Temporary and Casual Teachers

(a) Part-Time Teachers

(i) Subject to clause 6.6(a)(ii), a Part-Time Teacher, including a Temporary Part-

Time Teacher, shall be paid at the same rate as a Full-Time Teacher with the

corresponding classification but in that proportion which the number of hours

which are normal teaching hours bears to the hours which a Full-Time Teacher

at the School is normally required to teach.

(ii) A Part-Time Teacher/Librarian, including a Temporary Part-Time

Teacher/Librarian, shall be paid at the same rates as a full-time

Teacher/Librarian, with the corresponding classification, but in that proportion

which the number of hours which are the normal working hours bears to the

hours a Full-Time Teacher/Librarian at the school is normally required to work.

If there is no Full-Time Teacher/Librarian employed at the school, the proportion

shall be based upon the number of hours which a Full-Time Teacher/Librarian

at the school would be required to work if employed.

(iii) A Part-Time Teacher shall undertake the normal duties of a Full-Time Teacher

proportional to their face-to-face teaching load as required by the school over

the course of the year. The school will attempt to assist a Part-Time Teacher to

meet these requirements by consulting with the Teacher regarding the timing of

such commitments. If a Part-Time Teacher is required to attend duties on a day

that they do not normally attend and that attendance is in addition to their normal

pro rata duties the Teacher shall be paid for such attendance at the casual rate

of pay. In considering pro rata duties, regard will be had as to whether Teachers

at the school normally perform such duties in addition to, or in substitution for,

teaching duties.

(b) A Temporary Full-Time Teacher shall be paid at the same rate as that prescribed for

a Full-Time Teacher with corresponding classification.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 13

(i) The salary payable to a Casual Teacher shall be the annual salary paid to a

Teacher on Step 8 – Band 2 on the salary table in Table 1A – Salaries of Part

B - Monetary Rates divided by 204 in the case of a daily payment and 408 in

the case of a half-day payment, plus 5%. These rates are set out in Part B,

Table 3 – Casual Rates of Part B - Monetary Rates.

(ii) The casual rates in clause 6.6(c)(i) include compensation for annual leave,

leave loading, paid personal and carer's leave, paid compassionate leave,

redundancy payments, and notice of termination.

6.7 Travelling Expenses

(a) Where the use of a motor vehicle is required in connection with employment, other

than for journeys between home and the place of employment, the Teacher shall be

paid an allowance as set out in Item 3, Table 2 of Part B - Monetary Rates. This

allowance shall be adjusted in line with any adjustments to the corresponding rate in

the Award.

(b) Travelling and other out of pocket expenses reasonably incurred by a Teacher in the

course of duties required by the School, shall be reimbursed by the School.

where the School provides a motor vehicle which is used by a Teacher in the

performance of the Teacher's duties.

6.8 Payment for Supervision of Student Teachers

Where supervision of the teaching of a student Teacher is required as a part of duty, the

Teacher shall receive all payments made by the Student Teacher’s Training Institution for

such supervision.

6.9 Overpayments

Where excess payments are made in circumstances which were not apparent or could not

reasonably have been expected to be detected by the Teacher, the relevant parties shall

seek agreement on the matter of the overpayment, including where necessary and

appropriate, discussion between the Teacher’s representative and relevant School

representatives.

7. Remuneration Package

7.1 This clause shall facilitate the provision by the school of salary and benefit packages to

individual members of staff covered by this Agreement.

7.2 For the purposes of this clause:

(a) ‘Benefits’ means the benefits nominated by the Teacher from the benefits provided

by the school and listed in clause 7.4(c).

(b) ‘Benefit Value’ means the amount specified by the school as the cost to the school

of the Benefit provided including Fringe Benefit Tax, if any.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 14

7.3 Conditions of Employment

Except as provided by this clause, Teachers covered by this Agreement must be employed

at a salary based on a rate of pay, and otherwise on terms and conditions, not less than those

prescribed by this Agreement.

7.4 Salary Packaging

The school may offer to provide and the Teacher may agree in writing to accept:

(a) the Benefits nominated by the Teacher; and

(b) a salary equal to the difference between the Benefit Value and the salary which would

have applied to the Teacher or under clause 7.3, in the absence of an agreement

under this clause, save that a Teacher's salary must not be less than the base salary

that would be payable to the Teacher under the Award if the Award applied to the

Teacher.

(i) superannuation;

(ii) childcare provided by the school;

(iii) other benefits offered by the school.

(d) The school must advise the Teacher in writing of the Benefit Value before the

agreement is entered into.

7.5 During the Currency of an Agreement under Clause 7.4

(a) Any Teacher who takes paid leave on full pay shall receive the Benefits and salary

referred to in clauses 7.4(a) and (b).

(b) If a Teacher takes leave without pay the Teacher will not be entitled to any Benefits

during the period of leave

(i) the Benefits; and

(ii) an amount of salary calculated by applying the formula:

A = S x P% - [(100% - P%) x B]

where:

S = the salary determined by clause 7.4(b)

P = the percentage of salary payable during the leave

B = Benefit Value

A = Amount of salary.

(d) Any other payment under this Agreement, calculated by reference to the Teacher's

salary, however described, and payable:

(i) during employment; or

(ii) on termination of employment in respect of untaken paid leave; or

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 15

(iii) on death,

shall be at the rate of pay which would have applied to the Teacher under clause 7.3,

in the absence of an agreement under clauses 7.4(a) and (b).

8. Promotions Positions

8.1 Establishment of Positions

(a) Deputy Principal

The position of Deputy Principal must be established:

(i) where the enrolment of the whole school exceeds 200, or

(ii) if the primary and secondary sections of the school are located at different sites,

and staff and curriculum support is conducted separately, where the enrolment

in a section exceeds 200.

If the school employs a Deputy Principal in a primary department with enrolments

between 101 and 200 and that Deputy Principal is receiving an allowance at the rate

prescribed for a primary department with enrolments between 201 and 250 at the date

of the commencement of this Agreement, the Deputy Principal shall continue to be

paid the allowance prescribed for such a primary department in this Agreement while

continuing to occupy that position. If the school employs such a Deputy Principal, the

school need not appoint a Teacher to hold a Position of Special Responsibility in

accordance with clause 8.1(b).

(b) Positions of Special Responsibility

(i) The school may establish positions to meet its managerial needs and determine

the title of each position.

(ii) Subject to clause 8.1(b)(iii) and (iv) below, the school must create the minimum

number of positions of special responsibility determined by the number of points

applicable to the school as set out in the table in clause 8.1(c) below.

(iii) In a secondary department a Co-ordinator 2 position must be established where

the teaching hours of a programme of work in an area of instruction or activity

as determined by the school (e.g., subject or key learning area) exceeds 2,000

hours per annum, or where the position has other duties (of a comparable level)

as determined by the Principal.

(iv) In determining an area of instruction, the school may aggregate two or more

subjects to comprise an area of instruction provided that the total hours of

aggregated instruction in an area of instruction that involves more than one

subject, shall not exceed 4,000 teaching hours per annum.

Subject to clause 8.5 the points applicable to a department shall be established

according to the following tables:

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 16

Primary Departments

Classes

Points

Classes

Points

Classes

Points

Secondary Departments

Classes

Points

Classes

Points

Classes

Points

For the purpose of this sub-clause, “class” means

(i) In a primary department - a standard roll class of pupils. (Note: a two stream

primary school is likely to have 14 classes in K to 6.)

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 17

(ii) In a secondary department - an English class. (This includes all classes of

English instruction).

8.2 Minimum Number of Positions

In establishing the minimum number of positions required to be established under clause

8.1(b)(ii) each position of special responsibility established by the school has a points value

as follows:

Points Value Table

Position

Points

Senior Teacher 2

Co-ordinator 1

Co-ordinator 2

Co-ordinator 3

8.3 Allowances

(a) Subject to clause 8.3(c), a Teacher appointed to the position of Co-ordinator 1 or

Senior Teacher 2 shall be paid the applicable allowance as set out in Table 1B –

Allowances for Promotions Positions of Part B - Monetary Rates in addition to

the salary applicable to the appointee (as set out in Table 1A), which shall be no less

than Step 9 – Band 2 (secondary) and Step 7 – Band 1 (primary).

(b) Subject to clause 8.3(c), a Teacher appointed to the position of Co-ordinator 2, Co-

ordinator 3 or Deputy Principal shall be paid the applicable allowance as set out in

Table 1B – Allowances for Promotions Positions of Part B - Monetary Rates in

addition to the appropriate salary as set out in Table 1A, provided that in the case

of a Teacher employed in such a position prior to 1 February 2007, such Teacher

shall be paid the allowance and the salary for a Senior Teacher 1 (as set out in Table

1A).

Provided that a Teacher employed in such a position prior to 1 February 2007 who is not

otherwise eligible to be classified as a Band 3 Teacher will only be entitled to be paid the

salary for Band 3 while he or she holds either a Co-ordinator 2, Co-ordinator 3 or Deputy

Principal position.

Teacher may be paid a proportion of the allowance, if:

(i) the Teacher is performing a proportion only of the duties of such position, or

(ii) the Special Responsibility Position and allowance is shared between Teachers.

Note 1: nothing in this clause 8.3 prevents or limits the operation of clause 8.1(b), in respect

of the requirement to establish Positions of Special Responsibility and pay the

relevant allowances for those Positions, provided that the Positions and allowances

of Teachers appointed in accordance with this Clause 8.3 are counted in proportion

to the payment under this Clause 8.3.

Note 2: the proportional payment of the allowance will be not less than the proportional

appointment of the Part-Time Teacher, in accordance with clause 6.6(a).

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 18

8.4 Acting Appointments

If the school appoints a Teacher to act in a position of special responsibility or as a Deputy

Principal for at least ten consecutive school days, the school must pay the Teacher the rate

of allowance prescribed for that position.

8.5 Special Schools

The table below will apply to registered special schools or special assistance schools as

recognised as such by the Minister instead of clause 8.1(c).

Special Schools: Promotions Points

Number of Teachers (FTE) Promotions Points

0 – 3 0

4 – 8 1

9 – 12 2

13 – 14 3

15 – 17 4

18 – 25 5

26 – 30 6

31 – 35 7

36 – 40 8

41 – 45 9

9. Terms of Engagement

9.1 Letter of Appointment

The school shall provide a Teacher [other than a Casual Teacher] on appointment with a

letter of appointment stating, inter alia, the classification and rate of salary as at appointment,

the normal teaching load that will be required, requirements to perform extra-curricular duties

and an outline of superannuation benefits available to Teachers at the school.

9.2 Part-Time Teachers

In the case of a Part-Time Teacher, the letter of appointment will also include the Teacher’s

teaching load expressed as a percentage of a full-time load in the school. The School cannot

vary a Part-Time Teacher's teaching load or days of attendance unless:

(a) the Teacher agrees; or

(b) where such a variation is required as a result of a change in funding, enrolment or

curriculum, the School provides 7 weeks' notice in writing in the case of a school

teacher or 4 weeks' notice in the case of an early childhood teacher, or where the

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 19

change would result in a reduction in salary, the salary of the teacher is maintained

for a period of 7 weeks in the case of a school teacher or 4 weeks in the case of an

early childhood teacher; or

9.8(g) applies.

9.3 Termination of Employment

(a) The employment of any Teacher [other than a Casual Teacher] shall not be

terminated without at least four school term weeks’ notice on either side, or the

payment of, or forfeiture, of four weeks' salary in lieu of notice.

Provided that such four weeks' notice shall expire within the school term during which

it is given and shall expire either:

(i) at the end of the said school term; or

(ii) at least two weeks before the end of the said school term.

The foregoing shall not affect the right of the school to summarily dismiss any Teacher

who is guilty of serious misconduct as defined by the Act or Regulations.

(b) Should a Teacher have more than five years’ service with the School and be over 45

years of age, this clause will apply instead of clause 9.3(a). The School must provide

the Teacher with five school term weeks' notice or make a payment of five weeks'

salary in lieu of notice or give part notice and part payment in lieu of notice equal to

five weeks. Such five school term weeks’ notice shall expire within the School term

during which it is given.

of termination. The date of termination must not be before the date on which the notice

is given to the Teacher or payment in lieu of notice is made to the Teacher.

9.4 Forfeiture

(a) If a Teacher fails to give notice in accordance with clause 9.3(a), or fails to work out

the notice period, the Teacher may, to the extent permitted by law, specifically

authorise the School to deduct from wages due, an amount equal to the gross

ordinary rate of pay for the notice not worked, or not given, to a maximum of two

weeks' pay. Any outstanding balance becomes a debt due to the School.

(b) Deductions pursuant to a specific authorisation under clause 9.4(a) are made from

the Teacher’s gross salary (i.e. one week’s notice not worked, or not given will be fully

satisfied by the deduction of an amount equal to one week’s salary being withheld by

the School before tax is applied).

in full or in part, the remaining amount outstanding equal to the gross ordinary rate of

pay for the notice not worked, or not given, becomes a debt due that may be pursued

by the School to a maximum of two weeks' pay.

9.5 Statement of Service

(a) Upon the termination of service of a Teacher [other than a Casual Teacher], the

school shall provide a statement of service setting out the length of service, the

number of classes and range of subjects taught (or the age of the children taught in

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 20

the case of a Teacher employed in a preschool), the promotions positions held and

any special and/or additional duties performed by such Teacher.

(b) Upon request, a Casual Teacher shall be supplied with a statement setting out the

number of days of duty undertaken by the Casual Teacher during the period of the

engagement, provided such request is made during or on termination of the casual

engagement.

9.6 Payment on termination of employment

(a) The School must pay a Teacher no later than 7 days after the day on which the

Teacher's employment terminates:

(i) the Teacher's pay under this Agreement for any complete or incomplete pay

period up to the end of the day of termination; and

(ii) all other amounts that are due to the Teacher under this Agreement and the

NES.

(b) The requirement to pay amounts under clause 9.6(a) is subject to any order of the

Fair Work Commission, and the School making deductions authorised by this

Agreement or the Act.

Note 1: see clause 9.3(c) where payment in lieu of notice is made.

Note 2: State and Territory long service leave laws may require a School to pay a Teacher for

accrued long service leave on the day on which the Teacher’s employment terminates

or shortly after.

9.7 Normal Duties

The normal duties of Teachers shall include playground duties, sports duties, and usual extra-

curricular activities and, in relation to Teachers appointed to residential positions, the usual

residential duties.

9.8 Notice of Compulsory Professional Development

(a) The School is committed to providing teaching staff with professional development

courses. Such professional development, should where appropriate, be registered

with NESA or TQI.

(b) Where the School has, in a previous enterprise agreement, specified a number of

professional development days and/or meetings in any calendar year in the week

immediately following the end of a school term or the week immediately preceding the

commencement of the next school term a Teacher will not be required to attend in

excess of those specified days.

as required in order to meet the expectations of their role.

(d) The School shall advise Teachers of the term dates for pupils, and teacher attendance

dates, in the preceding year before the end of Term 3.

(e) All other timetabling, or arrangement of any school designated professional

development and/or training and/or meetings throughout the year, which are

scheduled on the attendance dates shall be made with reasonable notice.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 21

(f) Schools will endeavour to give the maximum possible notice of such commitments

and, where practicable, include such commitments in the annual school calendar.

(g) Part-Time Teachers may be required to attend professional development training in

accordance with the provisions of clause 6.6(a)(iii).

(h) Teachers accredited by NESA or TQI are required to participate in professional

development to maintain their accreditation as prescribed by NESA or TQI policy.

9.9 Lunch Break

A Teacher shall be entitled to a minimum of 30 consecutive minutes as a lunch break during

which period a Teacher shall not be required to hold meetings, supervise, teach or coach

sport, team games, cultural or academic activities.

9.10 Redundancy

In conjunction with the other applicable provisions of this Agreement, Attachment B –

Consultation and Redundancy shall apply as a minimum entitlement in cases of

redundancy.

9.11 Early Childhood Teachers

The provisions of this Agreement shall apply in relation to Teachers employed in a preschool

or other early childhood service subject to the specific provisions of Attachment C -

Particular Conditions of Teachers in Preschools and other Early Childhood Services.

10. Pro-Rata Payment for Non-Term Time

10.1 Entitlement to Annual Leave

A Teacher (other than a Casual Teacher) is entitled to four weeks’ of paid annual leave each

year, to be given and taken by the Teacher at the commencement of the school summer

vacation period each year.

This clause provides for pro rata payment for non-term time and applies in lieu of, and is

inclusive of, payments in respect of pro rata annual leave pursuant to the Act. Annual leave

provided for in this clause 10.1 does not accrue from year to year as it is taken by the Teacher

at the commencement of the school summer vacation period each year.

10.2 The provisions of this clause shall apply where:

(a) a Teacher's employment ceases;

(b) a Teacher commences employment after the School Service Date;

(d) where the hours which a teacher normally teaches at a school have varied since the

School Service Date ["a Teacher whose hours have varied"].

Payments shall be made to such Teachers by application of the formula prescribed by either

clause 10.3(a) or (b), as appropriate, and, pursuant to the applicable provisions of clauses

10.4, 10.5, 10.6 and 10.7.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 22

10.3 Calculation of Payments

(a) Payments made pursuant to this clause to a Teacher whose hours have varied shall

be calculated in accordance with the following formula:

s x c

- d

Where:

P is the payment due.

s is the total salary paid in respect of term weeks, or part thereof, since the

anniversary of employment [or date of employment in circumstances where a

Teacher has been employed by the school for less than one year].

b is the number of term weeks, or part thereof, in the year.

c is the number of non-term weeks, or part thereof, in the year.

d is the salary paid in respect of non-term weeks, or part thereof, that have occurred

since the anniversary of employment [or date of employment in circumstances

where a Teacher has been employed by the school for less than one year].

(b) Payments made otherwise pursuant to this clause shall be calculated in accordance

with the following formula:

Where:

P is the payment due.

S is an amount equivalent to a week's salary [including allowances] of the Teacher

at the date of application of the formula.

t is the number of term weeks, or part thereof, worked by the Teacher since the

School Service Date.

b is the number of term weeks, or part thereof, in the year.

c is the number of non-term weeks, or part thereof, in the year.

d is the number of non-term weeks, or part thereof, worked by the Teacher since the

School Service Date.

10.4 Termination of Employment

A Teacher shall be entitled on termination of employment to a payment calculated in

accordance with this clause.

P = S x

t x c

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 23

10.5 Teachers Who Commence Employment after the Commencement of the School Year

(a) A Teacher who commences employment after the usual date of commencement at

the school in any school year, shall be paid from the date the Teacher commences,

provided that at the end of Term IV or final semester in that year, the Teacher shall

be paid an amount calculated pursuant to clause 10.3 and shall receive no salary or

other payment other than payment under this clause until the School Service Date

in the following school year.

(b) In each succeeding year of employment, the School Service Date shall be deemed

to be the anniversary of appointment of the Teacher for the purpose of this clause.

10.6 Teachers Who Take Approved Leave Without Pay

Where a Teacher takes leave without pay with the approval of the school for a period which

[in total] exceeds 20 pupil days in any year, or where a Teacher takes parental leave pursuant

to clause 12.2(b) or clause 12.2(c) the Teacher shall be paid salary calculated in accordance

with this clause as follows:

(a) If the leave without pay commences and concludes in the same school year:

(i) subject to clause 10.6(a)(ii) below, the payment shall be calculated and made

at the conclusion of Term IV of that school year; and

(ii) if the leave without pay commences on the day following the last teaching day

of a term and concludes on the day preceding the first teaching day of a term in

the same year a payment shall be calculated and made:

(A) at the commencement of the leave in respect of that year; and

(B) at the end of Term IV in accordance with clause 10.6(c).

(b) If the leave without pay is to conclude in a school year following the school year in

which the leave commenced:

(i) at the commencement of the leave, a payment shall be calculated and made in

respect of the school year in which the leave commences; and

(ii) at the end of Term IV in the school year in which the leave concludes, a payment

shall be calculated and made in respect of that school year.

(i) pursuant to clause 10.6(a)(ii)(B);

(ii) or in circumstances where, with the agreement of the school, a Teacher who

has been paid pursuant to clause 10.6(b)(i) returns from leave during the

school year in which the leave commenced and not withstanding that as a result

did not in total exceed 20 pupil days, shall be determined by:

(A) applying the formula in clause 10.3 as if no payment had been made

to the Teacher pursuant to clause 10.6(a)(ii)(A) or clause 10.6(b)(i);

and

(B) deducting from that amount the amount paid to the Teacher pursuant

to clause 10.6(a)(ii)(A) or clause 10.6(b)(i).

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 24

(d) Notwithstanding the provisions of clause 10.1, a Teacher shall not pursuant to this

clause be paid an amount in respect of a year of employment which is less than the

amount to which the Teacher would otherwise be entitled under the provisions of the

Act, in respect of a year of employment.

10.7 Teachers Whose Hours Have Varied

Where the hours which a Teacher normally teaches at the school have varied since the

School Service Date in any school year and the Teacher's employment is to continue in the

next school year, the Teacher shall be paid at the conclusion of Term IV or final semester of

that year in accordance with the formula provided in clause 10.3(a) and shall receive no

salary or other payment other than payment under this clause until the School Service Date

in the following school year.

11. Annual Leave Loading

11.1 Subject to clause 11.6, where a Teacher other than a Casual Teacher, is given and takes

annual leave commencing at the beginning of the school summer vacation each year, the

Teacher shall be paid an annual leave loading calculated in accordance with this clause.

11.2 The loading shall be payable in addition to the pay payable to the Teacher for the period of

the school summer vacation.

11.3 The loading shall be calculated:

(a) in relation to such period of a Teacher's annual leave as is equal to the period of

annual leave to which the Teacher is entitled for the time being under the Act at the

end of each year of employment or where relevant.

(b) the period of annual leave calculated under clause 11.6.

11.4 The loading shall be the amount payable for the period specified in clause 11.3 or 11.6 at

the rate of 17.5 per cent of the weekly equivalent of the Teacher's annual salary.

11.5 For the purposes of this clause, “salary” shall mean the salary payable to the Teacher at the

first day of December of the year in which the loading is payable together with, where

applicable, the allowances prescribed by clauses 6.4 and 8.3 and Attachment C –

Particular Conditions for Teachers employed in Preschools and Other Early Childhood

Services, but not including any other allowances or amount otherwise payable in addition to

salary.

Provided that where clause 11.6 applies, “salary” shall mean the salary [together with

allowances payable as aforesaid] payable immediately prior to the payment made to the

Teacher pursuant to clause 11.3(b).

11.6 Where a Teacher receives a payment pursuant to clause 10 Pro Rata Payment for Non-

Term Time, including the case where a Teacher's employment is terminated by the school

or ceases for any reason, the Teacher shall be entitled to be paid for that part of such fraction

of the annual leave loading he or she would be entitled to for the full school year as is equal

to the fraction which the number of school weeks worked by the Teacher in that year bears

to the number of school weeks he or she would be normally required by the Principal to work

in a full school year.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 25

11.7 The following formula shall be used to determine the entitlement to leave loading for this

clause 11:

17.5% x (weekly salary x 4 weeks annual leave) x number of term weeks worked

number of term weeks in the year

[For example: To calculate the entitlement to leave loading for a Teacher who worked 32

term weeks of the 40 weeks of term time where the Teacher is paid a Step 5 annual

salary of $75,605. The calculation would be:

17.5% x ($75,605/52.14) x 4 weeks x (32/40)

= 17.5% x $1,450.04 x 4 weeks x (32/40)

= $812.04]

12. Leave Entitlements

12.1 Personal/Carer’s Leave

(a) General Entitlement

(i) Any Full-Time, Temporary or Part-Time Teacher shall be entitled to paid

Personal/Carer’s Leave in accordance with this clause 12.

(ii) A Part-Time Teacher will be entitled to paid Personal/Carer’s Leave on a

proportionate basis. The proportion is calculated by comparing the number of

teaching hours that the Part-Time Teacher teaches in a full school week, with the

number of teaching hours which a Full-Time Teacher teaches at the School in a full

school week.

(iii) A Full Time or Temporary Teacher will be entitled to 15 days Personal/Carers leave

(pro-rata for a Part-Time Teacher) for each year of service. Personal/Carer’s Leave

will accrue progressively during a year of service. Any untaken Personal/Carer’s

Leave will be cumulative from year to year.

(b) Entitlement on Commencement of Employment

A Teacher, other than a Casual Teacher, will receive a one-off entitlement to 15 days

Personal/Carer’s Leave (pro-rata for a Part-Time Teacher) on commencement of

employment. This entitlement is in addition to that provided in clause 12.1(a). Provided

that a Temporary Teacher shall be entitled to Personal/Carer’s Leave in accordance with

the provisions of this clause 12.1(b) in that proportion of 15 days which the period of

appointment of the Teacher bears to the full school year of the School.

(i) A Teacher may take paid Personal/Carer’s Leave if the leave is taken:

(A) because the Teacher is not fit or able to work due to personal illness

or personal injury, or unexpected personal emergency, or family and

domestic violence affecting the Teacher; or

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 26

(B) to provide care or support to a member of the Teacher’s immediate

family as defined in section 12 of the Act, or a member of the Teacher’s

household, who requires care or support because of:

(I) a personal illness, or personal injury affecting the member; or

(II) an unexpected emergency affecting the member, or

(III) family and domestic violence.

(ii) For the purposes of this clause an ‘unexpected personal emergency’ is a

circumstance that is unplanned, due to circumstances beyond the Teacher’s

control and is of an urgent and serious nature that requires the urgent

attendance of the Teacher. An ‘unexpected emergency’ is a circumstance that

is unplanned, due to circumstances beyond the Teacher’s immediate family or

household member’s control and is of an urgent and serious nature that requires

the urgent attention of the Teacher to attend and provide care or support. The

urgent circumstance must be of such a nature that it cannot be arranged outside

of work time. ‘Family and Domestic Violence’ is as defined by the Act.

(iii) A Teacher is not to take Personal/Carer’s Leave for any period in respect of

which the Teacher is entitled to workers compensation.

(iv) Where applicable, if a public holiday occurs during Personal/Carer’s Leave then

such public holiday will not be counted as Personal/Carer’s Leave.

(d) Notice Requirements

As soon as practicable, and where possible prior to the Teacher commencing such

leave, a Teacher will notify the School of:

(i) the need to take Personal/Carer’s Leave;

(ii) the reason for the leave, being a reason specified in clause 12.1(c);

(iii) the period, or expected period of their leave.

(e) Evidence Supporting Claim

(i) Evidence will not be required for the first three days of Personal/Carer’s Leave

taken by a Teacher in a calendar year. For absences after the first three days,

the following paragraphs apply.

(ii) In respect of any absence of two consecutive days or more due to personal

injury or illness, a Teacher shall, upon request, provide a certificate from a

medical practitioner or other evidence from a registered health practitioner, or

evidence that would satisfy a reasonable person to demonstrate the Teacher’s

eligibility for Personal/Carer’s Leave in accordance with clause 12.1(c).

(iii) In respect of any absence due to unexpected personal emergency or family and

domestic violence, a Teacher shall, upon request, provide documentary

evidence that would satisfy a reasonable person or a statutory declaration,

outlining the nature of the unexpected personal emergency, or the fact of family

and domestic violence, and that such circumstance prevented the Teacher from

attending work.

(iv) In respect of any absence to provide care or support to a member of the

Teacher’s immediate family or household, a Teacher shall, upon request:

(A) provide a certificate from a medical practitioner or other evidence from

a registered health practitioner or statutory declaration or other

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 27

evidence that would satisfy a reasonable person, establishing the

illness or injury of the person concerned and that the illness was such

as to require care by another person, or

(B) produce documentary evidence that would satisfy a reasonable person

or a statutory declaration, establishing the nature of the unexpected

emergency and that such unexpected emergency resulted in the

person concerned requiring care by the Teacher.

(v) Where a Teacher has taken frequent single days of Personal/Carer’s Leave,

that is more than seven single day absences, inclusive of the first three days

referred to in clause 12.1(e)(i), or taken extended Personal/Carer’s Leave such

that the School requires additional information in relation to the Teacher’s

absences, then the School may take action in accordance with this clause

12.1(e)(v):

(A) The School may arrange a meeting in order to clarify the position with

the Teacher. The invitation to the Teacher to attend the meeting shall

be in writing (signed by the Principal or the Principal’s delegate) with

sufficient notice for the Teacher to reasonably be able to attend the

meeting. The invitation shall also refer to the provisions of this clause

and shall indicate the grounds for the School’s concern about

Personal/Carer’s Leave taken by the Teacher. The School shall invite

the Teacher to respond verbally at the meeting to the issues raised by

the School. A Teacher shall not unreasonably fail to attend such a

meeting where invited by the School to do so.

(B) After consideration of the Teacher’s response, if any, the School may:

(I) require further evidence that the Teacher’s circumstances are in

accordance with the provisions of clause 12.1(c); and/or

(II) in the case of an extended absence due to the personal illness

or injury of the Teacher, require the Teacher to provide a medical

report from a doctor nominated by the School (at the cost of the

School) in relation to:

- the likely period of absence,

- if relevant, any limitations on the Teacher’s ability to perform the

requirements of their role;

- if relevant, any services or facilities which may be required to

accommodate any such limitations;

- if relevant, whether the Teacher is likely to be able to perform the

requirements of their role in the foreseeable future, or

- to establish eligibility for Personal/Carer’s Leave (and no other

information); and/or

(III) discuss with the Teacher any other action.

(vi) Where a Teacher fails to attend a meeting as requested by the School pursuant

to clause 12.1(e)(v)(A) and does not provide a reasonable explanation for such

failure, or does not provide further evidence of eligibility for Personal/Carer’s

Leave as outlined in clause 12.1(c), then following prior written notice the

School may cease payment of Personal/Carer’s Leave if the School has

reasonable grounds for a belief that the Teacher is not entitled to

Personal/Carer’s Leave for that absence.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 28

(vii) The Teacher may, if a member of the Union, request that any matter pursuant

to this clause be discussed at any stage between the Union and the

representative of the School.

(f) Unpaid Leave for Caring Purposes

(i) A Teacher, including a Casual Teacher, is entitled to take up to two days

unpaid carer’s leave for each occasion that a member of the class of persons

described in clause 12.1(c)(i)(B) requires care or support due to:

(A) a personal illness or injury, affecting the member; or

(B) an unexpected emergency affecting the member, or

(ii) A Teacher cannot take unpaid Carer’s Leave under this subclause if the

Teacher could instead take paid Personal/Carer’s Leave.

(iii) A Teacher’s entitlement to take unpaid Carer’s Leave under this subclause is

subject to the Teacher meeting the notice and evidence requirements set out in

clauses 12.1(d) and (e).

(iv) The School must not fail to re-engage a Casual Teacher because the Teacher

accessed the entitlements provided for in this clause. The rights of the School

to engage or not to engage a Casual Teacher are otherwise not affected.

(g) Special Leave

(i) A Teacher, other than a Casual Teacher, is entitled to one day of paid Special

Leave each calendar year. Such leave is non-cumulative and will not be

deducted from Personal/Carer’s Leave accruals.

(ii) Special Leave is available to be used to meet a scheduled family commitment,

where the timing of the commitment is beyond the control of the Teacher and

where the commitment cannot be scheduled outside work time (for example,

the graduation of an immediate family member).

(iii) The Teacher will provide the School with reasonable notice of their intention to

take Special Leave to enable the School to plan for such an absence.

(iv) The School may seek further details regarding the nature of the commitment

and the reasons why the commitment cannot be scheduled outside of work

hours.

12.2 Parental Leave

(a) General

(i) A Teacher is entitled to take unpaid parental leave in accordance with the

provisions of the Act, subject to the limitations and conditions contained in that

Act.

(ii) A Teacher who takes unpaid maternity leave or adoption leave under the

provisions of section 71 or 72 of the Act must be paid under clause 12.2(b) of

this Agreement in the case of maternity leave and under clause 12.2(c) of this

Agreement in the case of adoption leave, provided that if the leave is concurrent

leave as described in section 72(5) of the Act, then such leave shall be paid in

accordance with clause 12.2(d) of this Agreement.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 29

(b) Maternity Leave

(i) The amount of paid maternity leave for a female Teacher who applies for unpaid

parental leave of at least fourteen weeks under section 71 or 72 of the Act, shall

be fourteen weeks, provided that if the Teacher takes a lesser period of leave,

the Teacher shall be entitled to that lesser amount of paid leave.

(ii) If a Teacher has taken a previous period of maternity leave, the Teacher is not

entitled to the benefit described in this clause 12.2(b) for a consecutive period

of maternity leave unless the Teacher returns to work at the School for a period

of at least six months following the previous period of maternity leave. However,

the Teacher will be entitled to unpaid parental leave in accordance with the Act.

(iii) The Teacher must be paid:

(A) at the rate the Teacher was paid at the time of commencing the leave,

if the Teacher is paid a lump sum in accordance with clause 12.2(b)(iv);

(B) at the rate that would otherwise apply to the Teacher if the Teacher is

paid at the usual times and intervals that other Teachers are paid at the

school.

(iv) The Teacher must be paid:

(A) in a lump sum; or

(B) if the Teacher requests, at the usual times and intervals that other

Teachers are paid at the school.

(v) The School must pay the first or lump sum payments at the pay period

commencing closest to:

(A) six weeks before the anticipated date of birth, or

(B) if the birth occurs before the time referred to clause 12.2(b)(v)(A), the

date of the birth; or

to in clause 12.2(b)(v)(A), when the Teacher commences leave on or

prior to the date of birth but no later.

The exception to this clause 12.2(b)(v) is if the commencement date of the

leave is during the summer pupil vacation prior to the School Service Date. If

this occurs, the paid leave will commence on the School Service Date.

(vi) If a Teacher's pregnancy is terminated other than by the birth of a living child:

(A) more than 20 weeks before the anticipated date of birth, the Teacher

is not entitled to the payment;

(B) less than 20 weeks before the anticipated date of birth, the Teacher is

entitled to the payment while the Teacher remains on leave.

(vii) The 14 week period of maternity leave will count as a period of service, for the

purpose of annual leave, under this Agreement. The Teacher will be entitled to

pro-rata annual leave which will be calculated as (14 / 52) x 4 = 1.07 weeks of

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 30

annual leave due. Any Teacher taking less than 14 weeks of maternity leave

will have their pro-rata annual leave payment adjusted accordingly. This amount

will be added to any amounts due pursuant to clause 10 Pro-rata Payment for

Non-Term Time.

(viii) A Teacher must give notice of the intention to take maternity leave, and provide

other notice and documentation, as required by section 74 of the Act.

[Notation:

(A) Where possible, parental leave should preferably commence on the day following

the last teaching day of a term and conclude on the day preceding the first teaching

day of a term. However this does not diminish the right of a Teacher to proceed on

leave on the date the Teacher nominates in accordance with the Act.

(B) In order to facilitate the desirable practice referred to in Notation (A) above, the

School is prepared to extend the time of parental leave beyond that maximum

entitlement prescribed by the Act, should the Teacher agree to return from parental

leave at the commencement of the term immediately following the maximum period

of leave required to be afforded by that Act.]

(i) A Teacher who takes unpaid adoption leave under the provisions of section 71

or 72 of the Act must be paid under this clause 12.2(c).

(ii) A Teacher shall be entitled to fourteen weeks’ paid leave for the purpose of

adopting any child as defined in the Act provided that if the Teacher takes a

period of adoption leave under the Act which is less than fourteen weeks, the

Teacher shall be entitled to that lesser amount of paid leave.

(iii) The payment prescribed in clause 12.2(c)(ii) above shall only be payable in

respect of one adopting parent of a child who will be the primary caregiver and

will commence on the date of placement of the child. The exception to this

clause 12.2(c)(iii) is if the commencement date of the leave is during the

summer pupil vacation prior to the School Service Date. If this occurs, the paid

leave will commence on the School Service Date.

(iv) The 14 week period of adoption leave will count as a period of service, for the

purpose of annual leave, under this Agreement. The Teacher will be entitled to

pro-rata annual leave which will be calculated as (14 / 52) x 4 = 1.07 weeks

annual leave due. Any Teacher taking less than fourteen weeks of adoption

leave will have their pro-rata annual leave payment adjusted accordingly. This

amount will be added to any amounts due pursuant to clause 10 Pro-rata

Payment for Non-Term Time.

(v) A Teacher must give notice of the intention to take adoption leave, and provide

other notice and documentation, as required by section 74 of the Act.

(d) Paid Concurrent Parental Leave

(i) A Teacher who is entitled to take unpaid parental leave pursuant to section 71

or section 72 of the Act and applies to take concurrent parental leave pursuant

to section 72(5) of the Act is entitled to payment pursuant to this clause.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 31

(ii) A Teacher shall be entitled to two weeks' paid leave commencing on the day of

birth of the child or on the day on which the mother of the child leaves hospital,

or in the case of an adoption, from the date of placement of the child.

The exception to this clause 12.2(d)(ii) is if the commencement date of the

leave is during the summer pupil vacation prior to the School Service Date. If

this occurs, the paid leave will commence immediately following the annual

leave period in clause 10.1.

(iii) A Teacher must give notice of the intention to take parental leave, and provide

other notice and documentation, as required by section 74 of the Act.

(iv) The paid concurrent parental leave provided for in this clause 12.2(d) is unpaid

parental leave pursuant to section 71 or section 72 of the Act and so comes out

of the Teacher's entitlement to 12 months of unpaid parental leave under section

70 of the Act.

(v) A period of paid concurrent parental leave will count as a period of service under

this Agreement.

(e) Casual Teachers

(i) A School must not fail to re-engage a regular Casual Teacher because:

(A) the Teacher or Teacher’s spouse or de facto is pregnant; or

(B) the Teacher is or has been immediately absent on parental leave.

(ii) The rights of the School in relation to engagement and re-engagement of

Casual Teachers are not affected, other than in accordance with this clause.

(f) Right to Request

(i) A Teacher entitled to parental leave may request that the School allow the

Teacher:

(A) to extend the period of unpaid parental leave for a further continuous

period of leave not exceeding 12 months; or

(B) to return from a period of parental leave on a part-time basis

for the purpose of assisting the Teacher care for a child.

(ii) The School shall consider the request having regard to the Teacher’s

circumstances and, provided the request is genuinely based on the Teacher’s

parental responsibilities, may only refuse the request on reasonable grounds

related to the effect on the workplace or the School’s business. Such grounds

might include cost, lack of adequate replacement staff, loss of efficiency and the

impact on customer service.

(iii) The Teacher’s request and the School’s decision made under clause 12.2(f)(ii)

must be recorded in writing.

(iv) Where a Teacher wishes to make a request under clause 12.2(f)(i)(B) such a

request must be made as soon as possible before the date on which the

Teacher is due to return to work from parental leave.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 32

(g) Communication During Parental Leave

(i) Where a Teacher is on parental leave and a definite decision has been made

to introduce significant change at the workplace, the School shall take

reasonable steps to:

(A) Make information available in relation to any significant effect the

change will have on the status or responsibility level of the position

the Teacher held before commencing parental leave; and

(B) Provide an opportunity for the Teacher to discuss any significant

effect the change will have on the status or responsibility level of the

position the Teacher held before commencing parental leave.

(ii) The Teacher shall take reasonable steps to inform the School about any

significant matter that will affect the Teacher’s decision regarding the duration

of parental leave to be taken, whether the Teacher intends to return to work and

whether the Teacher intends to request to return to work on a part-time basis.

(iii) The Teacher shall also notify the School of changes of address or other contact

details which might affect the School’s capacity to comply with clause

12.2(g)(i).

12.3 Long Service Leave

(a) General Provisions

(i) Except in so far as expressly varied by the provisions of this clause, the

provisions of the Long Service Leave Act 1955 (NSW) (LSL Act) and the Long

Service Leave Act 1976 (ACT) (LSL Act ACT) shall apply to Teachers

employed by the school under this Agreement.

(ii) For the purpose of this clause 12.3, Long Service Leave, a Teacher shall be

deemed to have completed a year of service if he or she had been employed

for the whole of the term time of that calendar year.

(b) Quantum of Leave

In NSW Schools

Subject to clause 12.3(c) the amount of long service leave to which a Teacher

employed in a NSW School shall be entitled shall:

(i) In the case of a Teacher who has completed at least ten years’ service with the

same school be:

(A) in respect of ten years’ service so completed, 13 weeks; and

(B) in respect of each additional five years’ service with the school since

the Teacher last became entitled to long service leave, 10 weeks; and

completed service with the school since the Teacher last became

entitled to an amount of long service leave, a proportionate amount on

the basis of two weeks for one year's service.

(ii) In the case of a Teacher who has completed with a school five years’ service,

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 33

and whose services are terminated by the school for any reason other than

misconduct or cease for any other reason (including resignation), be a

proportionate amount on the basis of 13 weeks for ten years’ service [such

service to include service with the school as an adult and otherwise than as

an adult].

In ACT Schools

(iii) Subject to clause 12.3(a) (General Provisions), clause 12.3(c) (Calculations

of entitlement) the amount of long service leave to which a Teacher employed

in an ACT School shall be entitled shall be:

(A) In respect of seven years’ service so completed, 9.1 weeks;

(B) In respect of each additional year of service up to 10 years of service with

the School, 1.3 weeks each year; and

service with the School since the Teacher last became entitled to an

amount of long Service leave, a proportionate amount on the basis of two

weeks for one year’s service.

(iv) In the case of a Teacher who has completed with the school five years’

service, and whose services are terminated by the School for any reason other

than misconduct or case for any other reason, be a proportionate amount on

the basis of 13 weeks for ten years’ service (such service to include service

with the School as an adult).

Teachers employed in a NSW school

In the case of a Teacher employed in a NSW School whose service with the school

began before 1 February 2022, and whose service would entitle the Teacher to long

service leave under this clause, the amount of long service leave to which such

Teacher shall be entitled shall be the sum of the following amounts.

(i) The amount calculated on the basis of the provisions of the LSL Act in respect

of the period of service before 1 August 1985; and

(ii) An amount calculated on the basis of the provisions of clause 12, Long Service

Leave, of the Teachers (Non Government Schools) (State) Award published 10

May 1996 (292 I.G. 651) in respect of the period from 1 August 1985 to 30 April

1995; and

(iii) An amount calculated on the basis of the provisions of clause 12, Long Service

Leave, of the Teachers (Independent Schools) (State) Award effective from 1

May 1995 until 28 January, 2001.

(iv) An amount calculated on the basis of the provisions of clause 12.3(b), Long

Service Leave of this Agreement, for the period from 29 January 2001

(NB: corresponding provisions applied in previous industrial instruments).

(v) The above periods of calculation are listed in the table below:

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 34

Calculation of Entitlement

Teachers employed in a School

Prior to 31 July, 1985 0.866 weeks per year.

1 August, 1985 to 30 April, 1995

1.05 weeks per year up to 10 years of

service.

1.5 weeks per year, or proportion of a year,

after 10 years of service.

1 May, 1995 to 28 January, 2001

1.05 weeks per year up to 10 years of

service.

2 weeks per year, or proportion of a year,

after 10 years of service.

On or after 29 January, 2001

1.3 weeks per year up to 10 years of service

2 weeks per year, or proportion of a year,

after 10 years of service.

Teachers Employed in Preschools and Early Childhood Services

(vi) See Attachment C - Particular Conditions of Teachers employed in

Preschools and Other Early Childhood Services for Teachers whose

service began prior to 1 January 2011. For Teachers employed after 1

January 2011, the above table applies.

Teachers employed in an ACT school

Calculations of Entitlement for Teachers who commenced prior to 1 February

2022 in ACT Schools

(vii) In the case of a Teacher employed in an ACT School whose service with the

School began before 1 February 2022, the terms of the industrial instrument

that applied to them at that time, will continue to apply with respect to accrued

long service leave, up to the commencement of this agreement.

(viii) On and from 1 February 2022, the following scale applies with respect to the

accrual of long service leave;

From 1 February 2022 1.3 weeks per year up to 10 years’ service

2 weeks per year, proportion of a year; after

10 years’ service

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 35

(d) Conditions of Taking Leave

(i) Where a Teacher has become entitled to long service leave in respect of the

Teacher's service with the school, the school shall give to the Teacher and the

Teacher shall take the leave as soon as practicable having regard to the needs

of the school provided always that unless the school otherwise agrees the

Teacher shall give not less than two school terms’ notice of the Teacher's wish

to take leave and further provided that the school shall give the Teacher not

less than two school terms' notice of any requirement that such leave be taken.

(ii) Where long service leave is taken so that it commences on the first day after a

period of pupil vacation, which falls between school terms, and concludes on

the last day prior to a period of pupil vacation which falls between school terms,

such long service leave shall be exclusive of the pupil vacation periods

occurring prior to, within and following the period of long service leave. A period

of long service leave taken wholly within one term shall also be exclusive of

pupil vacation periods adjacent to the period of leave, if the taking of long service

leave of less than one term has been approved by the school.

(iii) Where a Teacher requests and is granted up to one week's leave without pay

to be taken in addition to long service leave such that the total period of leave

is in accordance with clause 12.3(d)(ii) the conditions of that clause shall apply,

provided nothing in this paragraph shall affect the provisions of clause 10.6.

(iv) A Teacher may request to take long service leave at half pay and the School

may approve such request. Where such request is granted, any period of non-

term time falling within the period of leave (but not adjacent to the period of

leave) will be paid at half pay.

Provided however that in the case of the school summer non term time, the

payment shall be calculated in accordance with the provisions of clause 10.7

Teachers Whose Hours Have Varied and clause 10.3 Calculation of

Payments, as if the period of leave on half pay were a period of part-time work.

(v) A Teacher may request to take long service leave in a short block of one week

or more and it is up to the School’s discretion whether to approve the leave.

(vi) Where long service leave is not taken in full term periods or in accordance with

clause 12.3(d)(ii) it will be inclusive of pupil vacations, other than the four weeks

of annual leave at the commencement of the school summer vacation.

(vii) Where a Teacher is entitled to an amount of long service leave which is in

excess of a school term the Teacher may elect not to take that part of the long

service leave which is in excess of a term [the deferred leave], until such time

as the Teacher accumulates further entitlements which when taken together

with the deferred leave enables long service leave to be taken for a whole term.

(e) Long Service Leave is exclusive of public holidays.

(f) The service of a Teacher with the school shall be deemed continuous notwithstanding

the service has been interrupted by reason of the Teacher taking maternity leave

(including paid and unpaid leave in accordance with clause 12.2 Parental Leave) or

other approved leave without pay but the period during which the service is so

interrupted shall not be taken into account in calculating the period of service.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 36

(g) Payment in lieu of Long Service Leave

(i) A Teacher employed in a NSW School with 10 years' continuous service with

the School may cash out an amount of additional long service leave

accumulated by the Teacher which is in excess of their entitlements under the

LSL Act. (This means long service leave accrued in excess of 0.866 weeks per

year.)

(ii) A Teacher employed in an ACT School with 7 years’ continuous service with

the School may cash out an amount of additional long service leave

accumulated by the Teacher which is in excess of their entitlements under the

LSL Act (ACT) (this means long service leave accrued in excess of 0.866 weeks

per year).

(iii) Subject to the Teacher having 10 years’ service, long service leave may be

cashed out on the following basis:

(A) the Teacher elects to cash out some or all of that portion of their

accrued long service leave which is the leave accrued in excess of

0.866 weeks per year;

(B) the Teacher provides a written election to the School stating that the

Teacher wishes to cash out the accrued long service leave; and

accrued long service leave.

(iv) If a Teacher cashes out an amount of accrued long service leave in accordance

with this clause:

(A) the School will, within a reasonable time, give the Teacher the amount

of pay they would have received if they had taken the long service

leave that the Teacher cashed out; and

(B) the Teacher will no longer be entitled to the long service leave they

have cashed out.

(h) Three Band Agreement

If a Three Band Agreement previously applied to the employment of the Teacher with

the School, and pursuant to that agreement the Teacher received additional

superannuation in lieu of long service leave and annual leave loading, then the long

service leave entitlement of the Teacher shall be adjusted accordingly

notwithstanding the provisions of clause 12.3(c) of this Agreement.

12.4 Compassionate Leave

(a) A Teacher will be entitled to paid compassionate leave in accordance with the Act.

(b) Compassionate leave is paid leave taken by the Teacher for the purposes of:

(i) spending time with a person who is a member of the Teacher’s immediate family

(as defined by section 12 of the Act) or a member of the Teacher’s household;

and who has a personal illness, or injury, that poses a serious threat to his or

her life; or

(ii) after the death of a member of the Teacher’s Immediate Family or a member of

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 37

this Teacher’s household; or

(iii) after the stillbirth of a child where the child would have been a member of the

Teacher's Immediate Family or a member of the Teacher's household or

(iv) after the Teacher or their spouse or de facto partner has a miscarriage.

period of two days of compassionate leave for each occasion when:

(i) a member of the Teacher’s immediate family or a member of the Teacher’s

household (as defined in clause 12.1(c)(i)(B):

(A) contracts or develops a personal illness that poses a serious threat to

his or her life; or

(B) sustains a personal injury that poses a serious threat to his or her life;

(ii) a child is stillborn, where the child would have been a member of the Teacher's

Immediate Family or a member of the Teacher's household; or

(iii) the Teacher or their spouse or de facto partner has a miscarriage.

(d) Subject to clauses 12.4(e) and (f), a Full-Time or Part-Time Teacher is entitled to a

period of three days of compassionate leave for each occasion when a member of

the Teacher’s immediate family or a member of the Teacher’s household (as defined

in clause 12.1(c)(i)(B) dies.

(e) A Teacher may be required to provide the School with satisfactory evidence of such

illness, injury, death, stillbirth or miscarriage.

(f) Subject to clause 12.4(g), a Teacher shall not be entitled to compassionate leave

under this clause during any period in respect of which the Teacher has been granted

other leave.

(g) Compassionate leave may be taken in conjunction with leave available under clause

12.1 Personal/Carer’s Leave. In determining such a request the School will give

consideration to the circumstances of the Teacher and the reasonable operational

requirements of the School.

12.5 Unpaid Compassionate Leave – Casual Teachers

(a) Casual Teachers are entitled to not be available to attend work, or to leave work upon

the death of a person prescribed in clause 12.1(c)(i)(B), provided that a Teacher may

be required to provide the School with satisfactory evidence of such death.

(b) The School and the Casual Teacher shall agree on the period for which the Teacher

will be entitled to not be available to attend work. In the absence of agreement, the

Teacher is entitled to not be available to attend work for up to 48 hours (i.e. two days)

per occasion. The Casual Teacher is not entitled to any payment for the period of non-

attendance.

accessed the entitlements provided for in this clause. The rights of the School to

engage or not engage a Casual Teacher are otherwise not affected.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 38

(d) Casual Teachers shall be entitled to unpaid compassionate leave in accordance with

the NES.

12.6 Military Reserve Leave

A Teacher who is a member of the Australian Military Reserve or other Australian military

forces shall be granted unpaid leave for the purpose of attending any compulsory camp or

posting.

12.7 Examination/Study Leave

Any Teacher who for the purpose of furthering Teacher training, enrols in any course at a

recognised University or recognised Teacher training institution, shall be granted leave:

(a) with pay on the day of any examination required in the course;

(b) without pay for the purpose of attending any compulsory residential school which is a

part of such course.

12.8 Jury Service

(a) A Full-Time or Part-Time Teacher required to attend for jury service during ordinary

working hours shall be provided with paid leave for this purpose. The Teacher shall

be required to reimburse to the school any monies payable to the Teacher for such

attendance (excluding reimbursement of expenses) which required the Teacher’s

absence from school.

(b) The Teacher shall notify the school as soon as possible of the date upon which he or

she is required to attend for jury service. The Teacher shall provide to the school a

copy of the summons to attend jury duty and a record of payments received as proof

of attendance.

unaffected.

12.9 Family and Domestic Violence Leave

In addition to the provisions contained in clause 12.1(c) of this Agreement, a Teacher shall

be entitled to Unpaid Family and Domestic Violence Leave in accordance with the NES.

12.10 Paid Natural Disaster Leave

(a) This clause shall apply when a natural disaster is declared in a local government area

or areas by the NSW or ACT government and the circumstances surrounding the

natural disaster:

(i) prevent the Teacher from attending for work or leaving home;

(ii) pose a genuine threat to the Teacher’s property; or

(iii) pose a genuine threat to the Teacher gaining access to their home (for example,

road closures).

(b) A Teacher (other than a Casual Teacher) is entitled to up to 2 days of paid leave per

annum to attend to such matters as they relate to the natural disaster.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 39

(d) The Teacher must notify the School as soon as practicable, and where possible prior

to the Teacher commencing such leave, of the need to take leave pursuant to this

clause 12.10(a), the reason for the leave, that is, why they are unable to attend work

and the period or expected period of their leave.

(e) The School may request a Statutory Declaration from a Teacher seeking to access

this provision.

(f) Natural Disaster Leave is not cumulative.

(g) For the purpose of this clause, a natural disaster means a flood, severe storm or

snowfall, bushfire or other natural emergency that has been declared as such by the

NSW or ACT Government in a local government area or areas.

(h) If a natural disaster is declared retrospectively and a full-time or part-time Teacher

has already taken other leave because of that declared natural disaster, the Teacher

may apply for that other leave (including unpaid leave) to be converted to leave

pursuant to this subclause, to a maximum of 2 days paid leave per calendar year.

(i) Nothing in this subclause is intended to preclude access to other leave that may be

available to the Teacher, provided that such other leave cannot be taken

simultaneously with paid natural disaster leave.

13. Teacher Skill Development

13.1 Induction

(a) In addition to the support offered to relevant Teachers in clause 13.2, a Teacher in

his or her first year of experience shall participate in an induction process of one year's

duration, provided that in certain circumstances the Teacher and the school may

agree that the Teacher should participate in the induction process for a further year.

(b) The induction process shall be determined by the school or the Principal in

consultation with the Teacher to assist the Teacher's professional development which

shall be reviewed regularly throughout the year.

before the end of the school year outlining the Teacher's progress and development.

Such statement may form part of a Teacher's portfolio pursuant to clause 13.3.

13.2 Support for Accreditation at Proficient Teacher Level

(a) The School will provide appropriate support to Teachers who are working toward

achieving their accreditation at Proficient Teacher level. This support may include

providing a mentor Teacher and will involve regular feedback in relation to the

Teacher’s progress in reaching the Proficient Teacher standard. A Teacher who is

provided with this support will work cooperatively with the School in relation to the

assessment process including participating in classroom observations, feedback

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 40

meetings and adhering to the deadlines set by the School for the provision of

evidence.

(b) Where a Teacher working towards Proficient Teacher Accreditation is identified by

the School as being at risk of not meeting the required standards by the end of their

second year of teaching the School will advise the Teacher of this at the

commencement of the final term of the Teacher’s second year of teaching. The School

shall identify to the Teacher the specific standard descriptors where further progress

is required and support the Teacher to address any identified issues to assist their

progression towards completing accreditation at Proficient Teacher Level.

13.3 Evidence of Professional Development

A Teacher may request and be given from time to time by the school or the Principal

appropriate documentation as evidence of the Teacher's professional development and

experience. These documents may, if the Teacher wishes, form a portfolio which shall remain

the property of the Teacher.

13.4 The Teacher Development Process

Where the school considers that a problem exists in relation to the Teacher's performance,

the school shall not use any agreed Teacher development process in substitution for, or as

alternative to, in whole or in part, procedures which apply to the handling of such problems.

13.5 Teacher Returning to Teaching after an Absence

A Teacher returning to teaching after an absence of five or more years shall be offered

support through an induction process as provided for in clause 13.1 with appropriate

modification and shall be expected to participate as appropriate.

14. Disputes Procedure

Subject to the provisions of the Act, all grievances, claims or disputes in relation to matters

arising under this Agreement or the NES shall be dealt with in the following manner:

(a) Any grievance or dispute which arises shall, where possible, be settled by discussion

between the Teacher and the Principal or his or her nominee in accordance with any

procedures that have been adopted by the school. The reference to his or her

nominee applies to a Teacher as well as the Principal; Teachers may also be

represented for purposes of this clause 14.

(b) Should the matter not be resolved, it may be referred by either party to the Fair Work

Commission, or any person agreed between the parties, for conciliation.

(i) arrange conferences of the parties or their representatives at which the

Commissioner is present;

(ii) require the attendance of the parties or their representatives;

(iii) arrange for the parties or their representatives to confer among themselves at

conferences at which the Commissioner is not present; and

(iv) if requested by a party, make non-binding recommendations to settle the

dispute. Such recommendation shall not be binding on the parties to the dispute

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 41

and shall not affect any other remedies the parties may have in relation to the

dispute.

(d) A Teacher who is a party to a dispute must, while the dispute is being resolved:

(i) continue to work in accordance with his or her contract of employment, unless

the Teacher has a reasonable concern about an imminent risk to his or her

health or safety; and

(ii) comply with any reasonable direction given by the school to perform other

available work, either at the same workplace or at another workplace.

(e) In directing a Teacher to perform other available work, the school must have regard

to:

(i) the provisions (if any) of the law of the Commonwealth or of a State or Territory

dealing with occupational health and safety that apply to that teacher or that

other work; and

(ii) whether that work is appropriate for the Teacher to perform.

15. Superannuation

15.1 Definitions

For the purposes of this clause:

(a) “Basic earnings” shall mean:

(i) the minimum annual rate of salary prescribed from time to time for the Teacher

by clause 6.1; and

(ii) the amount of any allowance which is prescribed from time to time for the

Teacher by clauses 6.4 and 8.3 and Attachment C; and

(iii) the amount of all payments made to the Teacher pursuant to clause 10 Pro

Rata Payment for Non-Term Time; and

(iv) any other payment that is defined as ‘ordinary time earnings’ (OTE) in the

Superannuation Guarantee Administration Act 1992 (Cth) (‘SGAA’).

(b) “Casual” means a Casual Teacher as defined in clause 3 Definitions.

15.2 Superannuation Fund

The School shall make superannuation contributions for the benefit of Teachers as provided

for in clause 15.3(a) into the Teacher's nominated fund. If the Teacher does not choose a

fund in accordance with superannuation legislation, the School will make contributions into:

(a) the Teacher's stapled fund; or

(b) if the Australian Taxation Office does not identify a stapled fund for the Teacher, to the

School's default fund provided that the School's default fund must offer a MySuper

product as defined in the Superannuation Industry (Supervision) Act 1993 (Cth).

15.3 Benefits

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 42

(a) Except as provided in clauses 15.3(b), (d), (e) and (f), each school shall, in respect

of each Teacher employed by it, make superannuation contributions of such amount

as required to ensure that the school does not incur any superannuation guarantee

charge ('SGC') under the Superannuation Guarantee (Administration) Act 1992 (Cth)

('SGAA') and the Superannuation Guarantee Charge Act 1992 (Cth). A contribution

shall be payable in respect of basic earnings as defined in clause 15.1.

(b) Where a Teacher is absent on leave and only entitled pursuant to the provisions of

this Agreement to receive payment for such leave at half pay, the school’s

contributions pursuant to this Agreement in respect of that Teacher during the period

of such leave shall be reduced to such amount as required to ensure that the school

does not incur any SGC under the SGAA and the Superannuation Guarantee Charge

Act 1992 (Cth) calculated on the half pay to which the Teacher is entitled.

with the procedures and subject to the requirements prescribed by the relevant fund

or as trustees of the fund may reasonably determine.

(d) The school shall not be required to make contributions pursuant to this Agreement in

respect of a Teacher in respect of a period when that teacher is absent from his or

her employment without pay.

(e) Contributions shall commence to be paid from the commencement of employment.

(f) The school shall make contributions pursuant to this Agreement in respect of:

(i) Casual Teachers who earn in excess of $1,437.00 during their employment with

the school in the course of any year, running from 1 July to the following 30 June

(all such Casual Teachers are hereinafter called “qualified Teachers”); and

(ii) qualified Teachers in each ensuing year of employment with the school.

Such contributions shall be made in respect of all days worked by the Teacher for the

school during that year.

(g) When a new Teacher commences in employment, the school shall advise the Teacher

in writing of the Teacher's entitlements under this Agreement within two weeks of the

date of commencement of employment and also of the provisions of clause 15.3(e)

in the case of a Full-Time teacher and clause 15.3(f) in the case of a Casual Teacher.

16. Suspension

(a) Notwithstanding any of the provisions in this Agreement, the school may suspend a

Teacher with or without pay while considering any matter which in the view of the

school could lead to the Teacher's summary dismissal. Suspension without pay shall

not be implemented by the school without prior discussion with the Teacher and shall

not, except with the Teacher's consent, exceed a period of four weeks.

(b) If a School suspends a Teacher without pay in accordance with clause 16(a), and the

School determines that there are no grounds for summary dismissal, the School will

pay the Teacher their salary for the period of their suspension without consent.

17. No Extra Claims

(a) The parties agree that the wage increases and other improvements in conditions of

employment provided for by this Agreement are in settlement of all existing claims

made by the Teachers for the life of the Agreement.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 43

(b) It is a term of this Agreement that the Teachers will not pursue any extra claims, award

or over award, or any claims made in lieu of a decision handed down by any

commission, court or tribunal, for improvement in wages or other terms and conditions

of employment for the period between 1 February 2022 and 31 January 2025.

18. Union Representatives

(a) The Employer shall permit the union representative in the School to post Union

notices relating to the holding of meetings on a common room noticeboard.

(b) The union representative shall be permitted in working hours [other than timetabled

teaching time] to meet with the Employer or the Principal on union business. Such

meetings shall take place at a time and place convenient to both parties.

School premises at times and places reasonably convenient to both Union members

and the Principal. Provided that the Union representative gives prior notice to the

Principal of the members’ intention to meet.

19. Flexibility Clause

(a) An Employer and a Teacher covered by this Agreement may agree to make an

individual flexibility arrangement to vary the effect of terms of the Agreement if:

(i) the agreement deals with 1 or more of the following matters:

(A) arrangements about when work is performed;

(B) allowances; and

(ii) the arrangement meets the genuine needs of the Employer and the Teacher in

relation to 1 or more of the matters mentioned in paragraph (a); and

(iii) the arrangement is genuinely agreed to by the Employer and the Teacher.

(b) The Employer must ensure that the terms of the individual flexibility arrangement:

(i) are about permitted matters under section 172 of the Act; and

(ii) are not unlawful terms under section 194 of the Act; and

(iii) result in the Teacher being better off overall than the Teacher would be if no

arrangement was made.

(i) is in writing; and

(ii) includes the name of the Employer and the Teacher; and

(iii) is signed by the Employer and the Teacher and if the Teacher is under 18 years

of age, signed by a parent or guardian of the Teacher; and

(iv) includes details of:

(A) the terms of the Agreement that will be varied by the arrangement; and

(B) how the arrangement will vary the effect of the terms; and

conditions of his or her employment as a result of the arrangement;

and

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 44

(v) states the day on which the arrangement commences.

(d) The Employer must give the Teacher a copy of the individual flexibility arrangement

within 14 days after it is agreed to.

(e) The Employer or Teacher may terminate the individual flexibility arrangement:

(i) by giving no more than 28 days written notice to the other party to the

arrangement; or

(ii) if the Employer and Teacher agree in writing at any time.

20. Requests for Flexible Working Arrangements

20.1 A Teacher can request flexible working arrangements in accordance with section 65 of the

Act.

20.2 Responding to the request

Before responding to a request made under section 65, the School must discuss the request

with the Teacher and genuinely try to reach agreement on a change in working arrangements

that will reasonably accommodate the Teacher’s circumstances having regard to:

(a) the needs of the Teacher arising from their circumstances;

(b) the consequences for the Teacher if changes in working arrangements are not made;

and

The School must give the Teacher a written response to a request within 21 days, stating

whether the School grants or refuses the request.

20.3 What the written response must include if the employer refuses the request

(a) Clause 20.3 applies if the School refuses the request and has not reached an

agreement with the Teacher under clause 20.2.

(b) The written response under section 65(4) must include details of the reasons for the

refusal, including the business ground or grounds for the refusal and how the ground

or grounds apply.

under clause 20.2, then the written response under section 65(4):

(i) must state whether or not there are any changes in working arrangements that

the employer can offer the Teacher so as to better accommodate the Teacher’s

circumstances; and

(ii) must, if the School can offer the Teacher such changes in working

arrangements, set out those changes in working arrangements; and

(iii) may include an offer to consider alternative options for the parties to consider.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 45

20.4 What the written response must include if a different change in working arrangements

is agreed:

If the School and the Teacher reached an agreement under clause 20.2 on a change in

working arrangements that differs from that initially requested by the Teacher, then the

School must provide the Teacher with a written response to their request setting out the

agreed change(s) in working arrangements.

20.5 Disputes about whether the School has discussed the request with the Teacher and

responded to the request in the way required by this clause 20, can be dealt with in

accordance with clause 14 Disputes Procedure.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

PART B – Monetary Rates

The rates set out below apply if current superannuation legislation continues to mandate an

increase of 0.5% to superannuation in each year of the Agreement. The currently scheduled

increases are:

• a superannuation guarantee charge (SGC) of 10.5% on 1 July 2022;

• a SGC of 11% on 1 July 2023; and

• a SGC of 11.5% on 1 July 2024.

If in any of the years 2022, 2023 or 2024, the superannuation legislation is amended to freeze

the SGC to be applicable on 1 July in that year before the 1 February in that year, the rates

payable from the first pay period on or after 1 February of that year set out below will increase

by 0.22% with effect from that first pay period on or after 1 February of that year.

If in any of the years 2022, 2023 or 2024, the superannuation legislation is amended in the

period between 1 February that year and 1 July that year to freeze the SGC to be applicable

on 1 July in that year, the rates payable from the first pay period on or after 1 February of that

year set out below will increase by 0.22% with effect from the first pay period on or after 1 July

of that year.

This applies to rates of pay contained in Table 1A - Salaries, Table 1B - Allowances for

Promotions Positions, Table 1C - Directors’ Allowances, Items 1 and 2 of Table 2 – Other

Rates and Allowances and Table 3 – Casual Rates of Part B - Monetary Rates

For example, if in 2022:

• before 1 February 2022, the superannuation legislation is amended to freeze the SGC at

10% from 1 July 2022, the salary payable from the first pay period on or after 1 February

2022 set out below will increase by 0.22% effective from that first pay period on or after 1

February 2022;

• on 1 April 2022, the superannuation legislation is amended to freeze the SGC at 10% from

1 July 2022, the salary payable from the first pay period on or after 1 February 2022 set

out below will increase by 0.22% effective from the first pay period on or after 1 July 2022.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Table 1A – Salaries

1 2 3 4

Band Step

Rates effective

from

Rates effective

from the first full

pay period on or

after

Rates effective

from the first full

pay period on or

after

Rates effective

from the first full

pay period on or

after

1 February 2020 1 February 2022 1 February 2023 1 February 2024

3.28%

2.28%

2.53%

Band 1

5 75,605 78,085 79,865 81,886

6 79,504 82,112 83,984 86,109

7 83,394 86,129 88,093 90,322

Band 2

8 87,295 90,158 92,214 94,547

9 91,186 94,177 96,324 98,761

95,083 98,202 100,441 102,982

11 98,981 102,228 104,559 107,204

12 102,881 106,255 108,678 111,428

106,774 110,276 112,790 115,644

Band 3 ST1 111,271 114,921 117,541 120,515

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Table 1B - Allowances for Promotions Positions

1 2 3 4

Annual

Allowance from

Annual

Allowance from

the first full pay

period on or after

Annual

Allowance from

the first full pay

period on or after

Annual

Allowance from

the first full pay

period on or after

1 February 2020 1 February 2022 1 February 2023 1 February 2024

3.28% 2.28% 2.53%

Senior Teacher

8,834 9,124 9,332 9,568

Level 2

Co-ordinator 1 8,834 9,124 9,332 9,568

Co-ordinator 2 17,673 18,253 18,669 19,141

Co-ordinator 3

26,508 27,377 28,001 28,709

Deputy Principal - Secondary

Enrolment

Annual

Allowance from

Annual

Allowance from

the first full pay

period on or after

Annual

Allowance from

the first full pay

period on or after

Annual

Allowance from

the first full pay

period on or after

1 February 2020

1 February 2022

1 February 2023

1 February 2024

$ $ $

3.28% 2.28% 2.53%

201-300

31,703 32,743 33,490 34,337

301-600 35,136 36,288 37,115 38,054

601-900 38,563 39,828 40,736 41,767

901+

41,985 43,362 44,351 45,473

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Deputy Principal - Primary

Enrolment

Annual

Allowance from

Annual

Allowance from

the first full pay

period on or

after

Annual

Allowance from

the first full pay

period on or

after

Annual

Allowance

from the

first full pay

period on or

after

1 February 2020 1 February 2022

1 February

2023

1 February

2024

3.28% 2.28% 2.53%

201-250 25,332 26,163 26,760 27,437

251-400

28,440 29,373 30,043 30,803

401-600 31,704 32,744 33,491 34,338

601-800 35,136 36,288 37,115 38,054

801+

38,563 39,828 40,736 41,767

Table 1C - Directors' Allowances

1 2 3 4

Annual

Allowance from

Annual

Allowance from

the first full pay

period on or

after

Annual

Allowance from

the first full pay

period on or

after

Annual

Allowance

from the

first full pay

period on or

after

1 February 2020 1 February 2022

1 February

2023

1 February

2024

$ $ $

3.28% 2.28% 2.53%

7,110 7,343 7,510 7,700

0-25

Children

8,683 8,968 9,172 9,404

26-50

Children

10,838 11,193 11,448 11,738

51-75

Children

13,538 13,982 14,301 14,663

76 plus Children

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Table 2 - Other Rates and Allowances

1 2 3 4

Item Clause Brief

Annual

Allowance from

Annual

Allowance from

the first full pay

period on or

after

Annual

Allowance from

the first full pay

period on or

after

Annual

Allowance from

the first full pay

period on or

after

No. No. Description 1 February 2020

1 February

2022

1 February

2023

1 February 2024

$ $ $

3.28% 2.28% 2.53%

1 6.2

Full-time

Teacher -

teaching

classes of

children

with

disabilities

in a

registered

special

school.

3,284 per annum

3, 392 per

annum

3,469 per

annum

3,557 per annum

125.96 per

fortnight

130.09 per

fortnight

133.06 per

fortnight

136.43 per

fortnight

2 6.2

Part-time

and Casual

Teachers –

teaching

classes of

children

with

disabilities

in a

registered

special

school.

16.11 16.64 17.02 17.45

per day per day per day per day

3 6.9

Own Car

Allowance:

0.80 0.80

To increase in

line with the

Modern Award*

To increase in line

with the Modern

Award*

Where use

authorised

by the

school.

per km per km

4 6.9

Own

Motorcycle

allowance:

Where use

required by

the School

0.27 per km 0.27 per km

To increase in

line with the

Modern Award*

To increase in line

with the Modern

Award*

*This allowance shall be adjusted in line with any adjustments to the corresponding rate in the

Award.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Table 3 - Casual Rates (Daily, Half Daily, Preschool Only Quarter Day)

Casual Rates Applicable from 1 February 2020

Step 8

Full Day $ Half Day $

449.32 224.66

Casual Rates Applicable from the first full pay period on or after 1 February 2022

Step 8

Full Day $ Half Day $

464.06 232.03

Casual Rates Applicable from the first full pay period on or after 1 February 2023

Step 8

Full Day $ Half Day $

474.64 237.32

Casual Rates Applicable from the first full pay period on or after 1 February 2024

Step 8

Full Day $

Half Day $

486.65 243.32

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

ATTACHMENT A - Teacher Classifications

This Attachment A contains more detail concerning qualifications equivalent to those

specified for classifications in clause 3(j) of this Agreement.

Four Years Trained Teacher includes a Teacher with the following equivalent qualifications:

(i) A Teacher who has satisfactorily completed a four years’ training course at

Sydney Teachers’ College and the New South Wales Conservatorium of Music;

(ii) A Teacher who has satisfactorily completed a four years’ diploma of Art course

that incorporates the equivalent of a one year’s full-time course in Teacher

education at a recognised higher education institution; or

(iii) A Teacher, who in addition to being a graduate, has completed a two-semester

course of training for Teacher/Librarians conducted by a recognised higher

education institution;

(iv) A Teacher, who in addition to being a graduate, is eligible for Associate

(Professional) Membership of the Library Association of Australia.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

ATTACHMENT B – Consultation and Redundancy

1.1 This Attachment shall apply in respect of Full-Time and Part-Time Teachers employed

in the classifications specified by the Agreement. Clauses 2, 3 and 6 of Attachment

B – Consultation and Redundancy only shall also apply in respect of Casual

Teachers.

1.2 The provisions of clauses 4 and 5 of this Attachment shall only apply to the school if

it employs 15 or more employees (including employees other than Teachers)

immediately prior to the termination of employment of Teachers.

1.3 Notwithstanding anything contained elsewhere in this Agreement, the provisions of

clauses 4 and 5 of this Attachment shall not apply to Teachers with less than one

year’s continuous service.

1.4 The provisions of clauses 4 and 5 of this Attachment shall not apply where

employment is terminated as a consequence of conduct that justifies instant dismissal,

including malingering, inefficiency or neglect of duty, or in the case of Casual Teachers,

apprentices or teachers engaged for a specific period of time or for a specified task or

tasks or where employment is terminated due to the ordinary and customary turnover

of labour.

2. SCHOOL’S DUTY TO NOTIFY AND DISCUSS

2.1 Where the school has made a definite decision to introduce major changes in

production, program, organisation, structure or technology that are likely to have

significant effects on Teachers, the school shall notify its decision to the Teachers who

may be affected by the proposed changes, and the union to which they belong.

2.2 ‘Significant effects’ include termination of employment, major changes in the

composition, operation or size of the schools workforce or in the skills required, the

elimination or diminution of job opportunities, promotion opportunities or job tenure,

the alteration of hours of work, the need for retraining or transfer of Teachers to other

work or locations and the restructuring of jobs.

3. DISCUSSIONS WITH TEACHERS AND THEIR REPRESENTATIVES

3.1 The school shall discuss with the Teachers affected by the introduction of such

changes, and the union to which they belong, the introduction of the changes, the likely

effect on the Teachers, and the measures taken to avert or mitigate the adverse effects

of such changes, as soon as is practicable after the school has made the decision

outlined in clause 2.1 of this Attachment.

3.2 The Teachers may appoint a representative for the procedures outlined in this Part. If

a Teacher appoints, or Teachers appoint, a representative for the purposes of

consultation and Teacher or Teachers advise the school of the identity of the

representative, the school must recognise that representative. Where a Teacher is a

member of a union, the union will be that Teacher’s representative unless the Teacher

appoints another person or revokes the union’s status as their representative.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

3.3 For the purposes of those discussions the school shall provide, in writing, to the

Teachers concerned all relevant information about the proposed changes, including

the reasons for, and the nature of, the proposed changes, the number and categories

of Teachers likely to be affected, information about the expected effects of the changes

on the Teachers, and any other matters likely to affect the Teachers. This information

shall be provided as soon as soon as practicable after the school has made the

decision outlined in clause 2.1 of this Attachment, provided that any school shall not

be required to disclose confidential or commercially sensitive information.

3.4 The school must give prompt and genuine consideration to matters raised about the

major changes by the Teachers, and or their representatives.

4. NOTICE FOR CHANGES IN PRODUCTION, PROGRAM, ORGANISATION OR

STRUCTURE

4.1 This clause sets out the notice provisions to be applied to terminations by the school

for reasons arising from production, program, organisation or structure in accordance

with clause 2 of this Attachment B. The provisions of this clause 4.1 only apply to a

school if it employs 15 or more employees (including employees other than Teachers)

immediately prior to the termination of employment of Teachers.

4.1.1 In order to terminate the employment of a Teacher, the school shall give to the Teacher

notice in accordance with clause 9.3 Termination of Employment.

4.1.2 Payment in lieu of the notice above shall be made if the appropriate notice period is

not given. Provided that employment may be terminated by part of the period of notice

specified and part payment in lieu thereof.

4.2 Time off during the notice period

4.2.1 During the period of notice of termination given by the school a Teacher shall be allowed

up to one day’s time off without loss of pay during each week of notice, to a maximum of

five weeks, for the purposes of seeking other employment.

4.2.2 If the Teacher has been allowed paid leave for more than one day during the notice period

for the purpose of seeking other employment, the Teacher shall, at the request of the

school, be required to produce proof of attendance at an interview or the Teacher shall

not receive payment for the time absent.

4.3 Teacher leaving during the notice period

If the employment of a Teacher is terminated (other than for misconduct) before the

notice period expires, the Teacher shall be entitled to the same benefits and payments

under this part had the Teacher remained with the school until the expiry of such notice.

Provided that in such circumstances the Teacher shall not be entitled to payment in

lieu of notice.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

4.4 Statement of employment

The school shall, upon receipt of a request from a Teacher whose employment has

been terminated, provide to the Teacher a written statement specifying the period of

the Teacher’s employment and the classification of or the type of work performed by

the Teacher.

4.5 Notice to Centrelink

Where a decision has been made to terminate Teachers, the school shall notify

Centrelink thereof as soon as possible giving relevant information including the number

and categories of the Teachers likely to be affected and the period over which the

terminations are intended to be carried out.

4.6 Employment Separation Certificate

The school shall, upon receipt of a request from a Teacher whose employment has

been terminated, provide to the Teacher an ‘Employment Separation Certificate’ in the

form required by Centrelink.

4.7 Transfer to lower paid duties

Where a Teacher is transferred to lower paid duties for reasons set out in clause 2 of

this Attachment, the Teacher shall be entitled to the same period of notice of transfer

as the Teacher would have been entitled to if the Teacher’s employment had been

terminated, and the school may at the school’s option make payment in lieu thereof of

an amount equal to the difference between the former ordinary time rate of pay and

the new ordinary time rate for the number of weeks of notice still owing.

5. SEVERANCE PAY

5.1 The provisions of this clause only apply to a school if it employs 15 or more employees

immediately prior to the termination of employment of Teachers. Where a Teacher is

to be terminated pursuant to clause 4 of this Attachment, the school shall pay the

following severance pay in respect of a continuous period of service:

5.1.1 If a Teacher is under 45 years of age, the school shall pay in accordance with the

following scale:

Years of Service

Under 45 Years of Age Entitlement

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

5.1.2 Where a Teacher is 45 years old or over, the entitlement shall be in accordance with

the following scale:

Years of Service

45 Years of Age and Over Entitlement

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

5.1.3 ‘Week's Pay’ means the all purpose rate of pay for the Teacher concerned at the date

of termination, and shall include, in addition to the ordinary rate of pay, over Agreement

payments, and allowances provided for in the relevant Agreement.

5.2 Incapacity to Pay

5.2.1 Subject to an application by the school and further order of Fair Work Commission, an

school may pay a lesser amount (or no amount) of severance pay than that contained

in clause 5.1 of this Attachment B.

5.2.2 The Fair Work Commission shall have regard to such financial and other resources of

the school concerned as Fair Work Commission thinks relevant, and the probable

effect paying the amount of severance pay in clause 5.1 above will have on the school.

5.3 Alternative Employment

Subject to an application by the school and further order of the Fair Work Commission,

a school may pay a lesser amount (or no amount) of severance pay than that contained

in clause 5.1 above if the school obtains acceptable alternative employment for a

Teacher.

5.4 Part-Time Teachers

If a Part-Time Teacher's hours are reduced, without their agreement, by more than

25%, the Teacher's employment will terminate and they will be entitled to the provisions

of clause 4 and clause 5 of this Attachment B.

6. CHANGES TO REGULAR ROSTERS OR ORDINARY HOURS OF WORK

6.1 The School will consult with Teachers about a change to their regular roster or ordinary

hours of work.

6.2 For the purposes of this clause 6 the School will:

(a) provide information to the affected Teachers about the change; and

(b) invite affected Teachers to give their views about the impact of the change

(including any impact in relation to their family or caring responsibilities); and

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

6.3 Teachers may be represented for the purposes of consultation under this clause 6.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

ATTACHMENT C – Particular Conditions of Teachers employed in

Preschools and Other Early Childhood Services

1. Introduction

If the school operates a preschool or other early childhood service, the conditions of

this Agreement shall apply to Teachers employed in the Preschool or other early

childhood service subject to the modifications contained in this clause.

2. Definitions

(a) “Director” means the Teacher employed in the service who is responsible for

the day to day operation of the service.

(b) “Preschool” means an establishment which provides educational development

programmes, child care or other services for children under school age and

which usually operates during hours and terms which approximate those of a

recognised school. A Preschool may operate on a sessional basis (morning

and/or afternoon sessions) or on a full day basis.

which provides child care and/or educational development programmes or

other services for children under school age and shall include:

(i) “Early Intervention Services” means individual programmes for children

with developmental delays or disabilities, or children at risk of being

developmentally delayed or of having a disability, aged 0 to 6 years,

aimed at providing assistance to the child and its family in the areas of

physical, emotional, social and educational needs.

(ii) “Long Day Care Centre” means a child care establishment which usually

provides services over a period of approximately eight hours or more

each day for approximately 48 weeks or more during the year.

(iii) “Multi-Purpose Centre” means a child care establishment which usually

provides the services of a long day care centre, together with the services

of a full-day care centre and/or a sessional care centre.

(d) “Unit” means a group or class of children in a service which does not at any

time exceed 25 children, but which need not necessarily consist of the same

children at all times.

(e) “Service” means a preschool or ECS centre.

3. Payment of Casual Teachers

A Casual Teacher in the service shall be paid the appropriate rate in clause 6.1 Salary

Scales in accordance with years of full-time service, divided by 204 in the case of a

daily payment and 408 in the case of a half-day payment or 816 in the case of a

quarterly day payment, plus 5%.

4. Calculation of Service for Early Childhood Teachers

(a) For the purpose of this clause, any Teacher if required by the school to do so,

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

shall upon engagement establish to the satisfaction of the school, the length of

his or her teaching service in any Preschool, Early Childhood Services Centre

(ECS Centre), Multi-Purpose Centre or in early childhood education services

for children up to 8 years of age, or in the Infants Department of Schools

registered or certified under the appropriate legislation in other States or

Territories of the Commonwealth of Australia, and that period so established

shall be taken to be the length of such service for the purpose of that

employment.

(i) Any employment as a Full-Time Teacher (including employment as a

Temporary Full-Time teacher shall be counted as service.

(ii) The amount of service of a Part-Time Teacher (including a Temporary

Part-Time Teacher) shall be calculated by reference to the ratio which the

number of hours worked by the Teacher in any year bears to the normal

number of hours worked by a Full-Time Teacher at the preschool in the

same year, provided that a period of part-time service shall count as

service in the proportion that the part-time employment bears to full-time

employment in that occupation.

(iii) The amount of service of a Casual Teacher employed in an ECS Centre

shall be calculated by reference to the ratio which the number of days (or

equivalent) worked by the Teacher in any year bears to the normal

number of days worked by a Full-Time Teacher at the ECS Centre in the

same year.

(b) For the purpose of this clause, a period of service other than service within

paragraph 4(a) of this clause, shall be counted as service in accordance with

the following principles:

(i) A period of service as a lecturer in early childhood education or child

development, as a child development officer, or as a Family Day Care

Co-ordinator or equivalent shall be recognised as service;

(ii) A period of service as a carer in the child care industry, including service

as a Family Day Care carer (as recognised under State Government

Regulations), and a Child Care Certificate worker or equivalent, shall be

recognised as service at the rate of one increment for each completed

three years so engaged to a maximum of four increments.

5. Directors

A Teacher appointed to the position of Director in the service shall be paid the

allowance for the position in accordance with the number of units of the service, as set

out in Table 1C – Directors’ Allowances of Part B – Monetary Rates in addition to

the salary applicable to the appointee (as set out in Table 1A - Salaries).

6. Long Service Leave - Calculation of Entitlement for Teachers Employed in a

Service in NSW prior to 1 January 2011

This clause applies instead of the provisions of clause 12.3(c) Calculation of

Entitlement in relation to a Teacher whose service with the school began prior to 1

January 2011 and whose service would entitle the Teacher to long service leave. The

amount of long service leave to which a Teacher shall be entitled is as follows:

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Calculation of Entitlement

Prior to 31 December, 1997 0.866 weeks per year.

1 January, 1998 to 31 December, 1998 1.05 weeks per year.

1 January, 1999 to 28 January, 2001 1.05 weeks per year up to 10 years’ service.

1.5 weeks per year, or proportion of a year, after

10 years’ service.

On or after the 29 January, 2001 1.3 weeks per year up to 10 years’ service.

1.5 weeks per year, or proportion of a year, after

10 years’ service.

On or after the 1 January, 2011 1.3 weeks per year up to 10 years’ service.

2 weeks per year, or proportion of a year, after

10 years’ service.

7. Terms of Engagement

(a) Crib Break

Not more than 30 minutes nor less than 20 minutes shall be allowed to

Teachers each day for a midday crib break. Such crib break shall be counted

as time worked.

Provided however that a Teacher may, by agreement with the school, leave the

premises during the crib break. Where such reasonable request has been

made by the Teacher, the school shall give favourable consideration to any

such request. Such time away from the premises shall not count as time

worked.

(b) First Aid Certificate

(i) Teachers shall be required to obtain and maintain an approved first aid

certificate.

(ii) A Teacher employed in the preschool will attend such first aid courses in

the Teacher’s own time.

NB - also see other relevant provisions of this Agreement.

The days of attendance of a Part-Time Teacher may be varied at the

commencement of each calendar year or by mutual agreement between the

Teacher and the school with four term weeks’ notice. The normal hours of a

Part-Time Teacher shall not be varied without agreement. Agreement will not

be unreasonably withheld.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

8 Rostering

8.1 This clause, clause 8, shall only apply in respect to Employers listed in Attachment

D – Legal Entities and Schools Covered by this Agreement, who engage Teachers

to work for 48 weeks or more per year in an early childhood service.

8.2 Rostering arrangements will not occur that would otherwise entitle Teachers to shift

penalties under the Award.

8.3 Teachers will not be rostered to regularly work outside the Award span of hours.

8.4 Teachers will not be regularly required to work overtime.

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Attachment D – Legal Entities and Schools covered by this

Agreement

Trading Name Legal Name

A.G.B.U. Alexander Primary School

Armenian General Benevolent Union School

Inc

Aetaomah School Sun Artistry Ltd

Al Amanah College Al Amanah College Ltd

All Saints Grammar School All Saints Greek Orthodox Grammar School

Amity College Amity College Australia Limited

Aspect Central Coast School Autism Spectrum Australia (Aspect)

Aspect Hunter School Autism Spectrum Australia (Aspect)

Aspect Macarthur School Autism Spectrum Australia (Aspect)

Aspect Riverina School Autism Spectrum Australia (Aspect)

Aspect South Coast School Autism Spectrum Australia (Aspect)

Aspect South East Sydney School Autism Spectrum Australia (Aspect)

Aspect Vern Barnett School Autism Spectrum Australia (Aspect)

Aspect Western Sydney School Autism Spectrum Australia (Aspect)

Aurora Southern Highlands Steiner School

Southern Highlands Company for Steiner

Education Limited

Australian International Academy Sydney

Strathfield

Australian International Academy of

Education Limited

Barrenjoey Montessori School Avalon Montessori Association

Bellfield College Bellfield Group Limited

Biala Special School Biala Support Services Ltd

Bishop Druitt College Bishop Druitt College Council

Blacktown Youth College Incorporated Blacktown Youth College Incorporated

Broughton Anglican College Campbelltown Anglican Schools Council

Byron Community Primary School Byron Community Primary School Inc

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Trading Name Legal Name

Calrossy Anglican School Calrossy Anglican School

Cape Byron Steiner School Cape Byron Rudolf Steiner School Limited

Casuarina Steiner School The Casuarina School Co-operative Ltd

Central West Leadership Academy Central West Leadership Academy Limited

Christadelphian Heritage College Sydney

Ltd

Clarence Valley Anglican School Clarence Valley Anglican School

Coogee Boys' Preparatory School Coogee Boys' Preparatory School Pty Ltd

Currambena Primary School Currambena Ltd

Elouera Special School Elouera Association Ltd

Emanuel School Emanuel School

Emmanuel Anglican College Emmanuel Anglican College Council

ET Australia Secondary College Employment and Training Australia Limited

Farmhouse Montessori School Manly Warringah Montessori Society

Glenaeon Rudolf Steiner School Glenaeon Rudolf Steiner School Limited

Hills Montessori School Hills Montessori Society

Italian Bilingual School CO AS IT Italian Association of Assistance

Kesser Torah College Kesser Torah College Limited

Kindlehill School Kindlehill Ltd

Kinma School Kinma Limited

Korowal School Korowal School Limited

Lakes Grammar - An Anglican School Lakes Grammar An Anglican School

Lindfield Montessori Preschool Lindfield Montessori Society Incorporated

Lindisfarne Anglican Grammar School Lindisfarne Anglican School

Linuwel School Linuwel School Ltd

Living School

Living Schools Global Limited

Independent Schools NSW Teachers (Hy

brid Model) Multi-Enterprise Agreement 2021

Trading Name Legal Name

Lorien Novalis School

Lorien-Novalis School for Rudolf Steiner

Education Ltd

Lutheran School Wagga Wagga Lutheran School Wagga Wagga Limited

Manning Valley Anglican College

Manning Valley Anglican College Anglican

Diocese of Newcastle

Margaret Jurd College Margaret Jurd College (NSW) Limited

Masada College Masada College

Medowie Christian School Medowie Christian School Limited

Minimbah Aboriginal Primary School

Minimbah Pre-School, Primary School

Aboriginal Corporation

Moama Anglican Grammar School Moama Anglican Grammar Ltd

Montessori East

Eastern Suburbs Montessori Association

Limited

Montgrove College PARED Ltd

Mosman Church of England Preparatory

School

Mosman Church of England Preparatory

School Limited

Mount Annan Christian College Mount Annan Christian College Ltd

Mount Sinai College Mount Sinai College

Narnia Christian Preschool and Early

Childhood Centres

St Philip's Christian Education Foundation

Ltd

New England Girls' School NEGS Limited

Northside Montessori School Northside Montessori Society

Orana School

Canberra Rudolf Steiner School Association

Incorporated

Redfield College PARED Ltd

Salamah College Salamah College Limited

Sapphire Coast Anglican College

Sathya Sai College Sathya Sai College Limited

Sherwood Hills Christian School Sherwood Hills Christian School Limited

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Trading Name Legal Name

Shire Christian School

The Sutherland Shire Christian School

Association Ltd

Southside Montessori School Southside Montessori Society

St Bishoy Coptic Orthodox College St Bishoy Coptic Orthodox College

St Columba Anglican School

St Columba Anglican School Council

Incorporated

St Dominic Savio School Society of St Pius X Ltd

St Hurmizd Assyrian Primary School Assyrian Christian Schools Limited

St John's Lutheran Primary School St John’s Lutheran School Jindera Ltd

St Mark's Coptic Orthodox College Saint Mark’s Coptic Orthodox College

St Mary and St Mina's Coptic Orthodox

College

St Mary and St Mina's Coptic Orthodox

College

St Narsai Assyrian Christian College Assyrian Christian Schools Limited

St Paul's College St Paul's College Ltd

St Paul's Lutheran Primary School

St Paul's Lutheran Primary School Henty

Incorporated

St Peter's Anglican College St Peter's Anglican College

St Peter's Anglican Primary School Campbelltown Anglican Schools Council

St Philip's Christian College - Cessnock

St Philip's Christian Education Foundation

Ltd

St Philip's Christian College - Gosford

St Philip's Christian Education Foundation

Ltd

St Philip's Christian College - Newcastle

St Philip's Christian Education Foundation

Ltd

St Philip's Christian College - Port Stephens

St Philip's Christian Education Foundation

Ltd

St Philip's Christian College DALE

St Philip's Christian Education Foundation

Ltd

St Philip's Christian College DALE - Young

Parents

St Philip's Christian Education Foundation

Ltd

St Sava College St Sava College Ltd

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Trading Name Legal Name

St Spyridon College

The Greek Orthodox Parish of South East

Sydney

St Stanislaus' College St. Stanislaus' College Bathurst

Stella Maris College Stella Maris College

Sydney Japanese International School Sydney Japanese School Limited

Sydney Montessori School Sydney Montessori School Limited

Tallowood Steiner School Tallowood Steiner School Inc

Tangara School for Girls PARED Ltd

The Armidale School The Armidale School

The Central Coast Montessori Primary

School

The Central Coast Montessori Primary

School Limited

The Joseph Varga School The Joseph Varga School

Vistara Primary School

Ananda Marga Pracaraka Samgha Ltd

Vistara Primary School

Warrah School Warrah Society

Wollemi College PARED Ltd