EXPLANATORY NOTES: STRUCTURE OF THE AGREEMENT VICTORIAN CATHOLIC EDUCATION MULTI-EMPLOYER AGREEMENT

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1 C: EXPLANATORY NOTES: STRUCTURE OF THE AGREEMENT VICTORIAN CATHOLIC EDUCATION MULTI-EMPLOYER AGREEMENT Overview This Agreement replaces the Victorian Catholic Schools and Catholic Education Offices Certified Agreement ( ) (Agreement). It also consolidates the provisions of the Victorian Catholic Schools and Catholic Education Offices Award (1998). The Award clauses are included as the Award will not operate once the Agreement comes into force. VIEU and the CECV have endeavoured to ensure that employees are not disadvantaged by these structural changes. Many clauses have been redrafted to ensure compliance with the current provisions of the Workplace Relations Act or to provide greater clarity. Other clauses have been changed to reflect the actual outcome of negotiations between the parties for the new Agreement. The Victorian Catholic Education Multi Employer Agreement 2008 (MEA 2008) is divided into parts and schedules just as the current Award is. The difference in the MEA 2008 is that each part or schedule contains relevant provisions from both the Award and the former Agreement. The notes listed below will detail only where there has been a substantive change in wording or change in condition. Changes highlighted in bold font are a result of negotiations for the new Agreement. Other changes listed are consequential on consolidating the Award and the former Agreement, and ensuring compliance with the Australian Workplace Relations Act. Summary of Changes per Clause Part 1 - Application and Operation of the Agreement 1 Agreement Title The Agreement is the Victorian Catholic Education Multi- Employer Agreement Arrangement Sets out the Parts, Appendices and Schedules. 3 Term The Agreement will operate on the seventh day after receiving notice from the Workplace Authority that it has passed the no-disadvantage test. The Agreement guarantees that there will be no less favourable outcome for employees in a particular respect than the Australian Fair Pay and Conditions Standard or the National Employment Standards. The Agreement s nominal expiry date is 31 December Parties bound and Scope The Agreement is binding upon respondent employers and the Union. 5 Definitions The existing Award definitions are inserted.

2 Part 2 - General Conditions of Service 6 Accident Make up Pay 7 Annual Leave, School Holiday Pay & Leave Loading 8 Breakages and Loss 9 Contract of Employment 10 Grievance procedures Clarification that accident make up pay starts from the time of injury, and that superannuation is payable on accident make-up pay. Clarification of how accrual and the taking of annual leave operate for employees with a 4 week annual leave entitlement including the capacity to take annual leave in single days, payment in advance, cashing out provisions and recrediting of annual leave if sick. The existing Award clause is inserted and minor amendments made to comply with the Act. 11 Due Process A new preamble to due process ensuring that in the first instance an employer with concerns about the performance of an employee shall hold discussions and keep records of these discussions with the employee and the employee s representative. 12 Higher Duties Allowances 13 Work Organisation 14 Leave with Pay Changes remove obsolete provisions preventing employees from accessing sick leave in certain circumstances and allow employees to present certificates in respect of absence from a wider range of health practitioners. 15 Leave without Pay 16 Parental Leave Refer to Appendix 1 17 Payment of Wages and Allowances 18 Protective Clothing 19 Public Holidays The existing Award clause is inserted and amendments complying with the Act made. An employer and his or her employees may agree to substitute another day for those prescribed, subject to a vote of employees. An individual employee may elect to refuse to work on the substituted day if they have reasonable grounds. 20 Redundancy Refer to Appendix 5 21 Casual Relieving Relieving

3 Employees 22 Replacement employees Employees definition is changed to refer to such staff as casual in compliance with the Act as they receive a loading in lieu of some entitlements. 23 Service continuity 24 Superannuation 25 Termination of employment 26 Travel and Evening meal allowances The existing Award clauses are inserted. Part 3 - Teachers: Salaries and Specific Conditions of Service 27 Wages, definitions, allowances and workloads 28 Teacher classification structure and incremental progression 29 Deputy principal classification structure and incremental progression 30 Part-time teachers Refer to Appendix 3 for dimensions of teaching, professional standards and descriptions of new Graduate, Accomplished and Expert categories. A new provision for teachers hours of work is inserted, complying with the Act. It allows averaging of 38 hours over a school term, plus reasonable additional hours. Teachers progress annually from G1 through to E4 subject to the provisions of this clause and Appendix 2 (Salary advancement and Assessment of experience). Provisions referring to part-time teachers accrual of experience are deleted. A new clause is inserted allowing accelerated advancement up the scale. Additional qualifications clause is amended to allow advancement by one increment on completion of qualification of equivalent to a masters degree or higher. Subsequent additional qualifications also allow additional incremental advancement. A savings clause exists for teachers who are completing an approved additional qualification this year. Annual Review clause is amended to allow an additional formative review at A5. The Grievance Procedures of the Agreement can be invoked if a deputy principal does not increment. Assessment of Experience is referred to Appendix 2. Award provisions are inserted for calculation of part-time teachers salaries.

4 31 Emergency teachers Wording is amended to clarify that the rate paid applies as a casual loading, in compliance with the Act. Part 4 - School Officers: Salaries and Conditions 32 Appointment Assessment of experience is referred to Clause 35 and Appendix Classification 34 Wages 35 Experience The clause is amended to refer assessment of experience for school officers to Appendix Hours of Work Part 5 - Catholic Education office school and student services Employees: Salaries and Specific Conditions of Service 37 Appointment 38 Classification levels The clause is amended to refer to Education Officer levels aligned with teacher levels and POL allowances. Criteria for Education officers with specific responsibilities are amended. 39 Wages 40 Experience Clauses referring to part-time accrual of experience are deleted. Assessment of experience is referred to Appendix Hours of Work 42 Part-time Education Officers or Psychologists (Education) or Speech Pathologists Part 6 - Primary School Principals: Salaries and Specific Conditions of Service 43 Primary Principal Classification Salary maintenance clause is inserted where the principal is not re-

5 Structure and Incremental progression appointed to a subsequent contract. The Grievance Procedures of the Agreement can be invoked if a principal does not increment. Assessment of experience is referred to Appendix Wages 45 Expense reimbursement Part 7 - CEO Clerical Employees: Salaries and Conditions 46 Appointment 47 Classification levels Indicative duties in all levels are modernised by deletion of obsolete duties such as typing speed and insertion of more detail regarding the types of tasks that could be performed at each level. At level 3, 2 additional subdivisions are established, accessed by application to the Director. The Grievance Procedures are invoked if a clerical employee does not increment. 48 Wages 49 Experience Assessment of experience is referred to Appendix 2. Clauses referring to part-time accrual of experience are deleted. 50 Hours of Work 51 Part-time CEO Clerical Employees Part 8 - School Services Officers: Salaries and Conditions Clauses Name Notes 52 Appointment Assessment of experience is referred to Appendix Classification Entry level to SSO classification structure is changed from Level 1 to Level Wages 55 Hours of Work 56 Overtime Overtime rate is increased to 50% loading. 57 Shift Penalties

6 58 Broken Shifts 59 On Call The allowance is increased in Schedule Meal Breaks 61 Meal Allowances The allowance is increased in Schedule Tool Allowance The allowance is increased in Schedule Special Provisions for category D SSOs during School Holidays 64 Alternative Individual Arrangements Resident Caretakers Part 9 - Other Provisions 65 Traineeships and Training Wages The existing Award capacity to employ trainees at training wage rates is included. 66 Supported Wage The existing Award capacity to hire persons with a disability at supported wage rates is included. 67 Introduction of Change 68 Educational Initiatives 69 Mandatory Provisions 70 Lump Sum Amounts Elements of prohibited content removed but no change to effect of clause. New provisions inserted to ensure employees are paid the basic periodic rate of pay being no less than the rates of pay as set by the Australian Fair Pay Commission. A new clause is inserted describing the lump sum payments and eligibility for them.

7 Appendices Appendix Name Notes 1 Parental Leave This Appendix has been rewritten to comply with the Act. It contains new notice periods, new special maternity leave and transfer to a safe job provisions. Double jeopardy clauses in regards to termination of employment have been removed. The MoU between the CECV and the Union is to be read in conjunction with this clause. The Appendix also contains the new 14 week maternity payment and eligibility for the payment, a new 14 week adoption payment, and clarification of the rights of employees to work for another employer whilst on maternity leave. 2 Salary Incremental Advancement and Assessment of Experience 3 Standards of Teacher professional practice 4 Consultative Procedures This new Appendix deals with moving to the 1 May common incremental date, the new rule applying for incremental progression based on 4 months service, transition payments for eligible employees, and the new assessment of experience clauses for teachers and all other classifications of employees. The Appendix contains the Dimensions of Practice from the previous Agreement and includes descriptors of the new Graduate, Accomplished and Expert categories. A new clause is inserted outlining consultation principles. The structure of the Consultative Committee is amended to reduce staff representatives by 1. A new clause is inserted allowing the Committee to make special recommendations for support for classes above 26 in P-2 and 28 in The Clauses relating to Pool arrangements for POLs has been varied and there is a new savings clause for POLs 5 and 6. 5 Redundancy This appendix now contains previous Award conditions and processes from the Redundancy guidelines. The MoU between the CECV and the Union is to be read in conjunction with this clause. 6 Long Service Leave The entitlements of long service leave as per the Catholic Education Long Service leave Scheme (Victoria) are now included. The new provisions for the taking of long service leave after 7 years, increasing the allowable gap in service to two years and cashing out provisions are inserted.

8 Schedules All schedules have now been modified to reflect the new rates of pay and applicable allowances. A new schedule 12 contains the respondent employers to the Agreement. Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Schedule 10 Schedule 11 Schedule 12 Wages: Registered Teachers Wages and Allowances: Deputy Principals Allowances Wages: Emergency Teachers Wages: School Officers Wages: Education Officers Wages: Principals Primary Schools Wages: Catholic Education Office Clerical Employee Wages: Psychologists (Education) Wages: Speech Pathologists Wages: School Services Officers Respondent employers Part C - Explanatory Notes - Structure.DOC/IND5020