CONDITIONS OF EMPLOYMENT MANUAL HUMAN RESOURCES BRANCH

Transcription

1 TAFE ACT CONDITIONS OF EMPLOYMENT MANUAL HUMAN RESOURCES BRANCH NOVEMBER 1995 DEPARTMENT OF EDUCATION, TRAINING AND EMPLOYMENT Reprinted October 1999 C:\Documents and Settings\RogersAl\Local Settings\Temporary Internet Files\OLK6A\Conditions of Employment Manual - TAFE Act Nov95 Reprint.doc

2 TABLE OF CONTENTS Page FOREWORD...1 I. PERMANENT EMPLOYMENT...2 A. Introduction...2 B. Conditions of Employment Probation Salary Authorised Non-Attendance Days Recreation Leave Sick Leave Long Service Leave Parenting Leave Study Leave Other Leave Entitlements Outside Employment Service Anywhere in the State Transfers Superannuation Housing...4 II. TEMPORARY EMPLOYMENT...4 A. Introduction...5 B. Conditions of Employment...5 III. PART-TIME EMPLOYMENT...5 A. Introduction...5 B. Definition...5 C. Fundamental Aspects of Part-time Employment...6 D. Conditions of Employment Salary Authorised Non-Attendance Days Recreation Leave Sick Leave Long Service Leave Parenting Leave Temporary Variation in Hours of Duty Study Leave Other Leave Entitlements Outside Employment Superannuation Service Anywhere in the State Allowances Housing...9 E. Processing of Requests for Permanent Part-time Employment...10 Reprinted October 1999 C:\Documents and Settings\RogersAl\Local Settings\Temporary Internet Files\OLK6A\Conditions of Employment Manual - TAFE Act Nov95 Reprint.doc

3 F. Advertising of Part-time Lecturing Positions...10 IV. HOURLY PAID INSTRUCTORS...11 A. Introduction...11 B. Definition...11 C. Other Condition of Employment Matters Rate of Pay Workers Compensation Staff Development Long Service Leave Travelling Allowance Departmental Instructions and Regulations Employment of Hourly-Paid Instructors Over the Age of 65 Years Superannuation...13 D. Role of Hourly Paid Instructors Responsibilities Functions...14 E. Class of Instruction...15 F. Miscellaneous HPI Rates of Pay and Award Codes Director Approved for Paying Classes Rates of Pay for Examination Supervisors Distance Learning, Marking of Papers...16 G. Miscellaneous Appointment Selection TAFE Act Officers as Hourly Paid Instructors Applications for Other Public Sector Positions...17 Reprinted October 1999 C:\Documents and Settings\RogersAl\Local Settings\Temporary Internet Files\OLK6A\Conditions of Employment Manual - TAFE Act Nov95 Reprint.doc

4 FOREWORD: This manual is the outcome of a joint initiative involving DETAFE and the South Australian Institute of Teachers. The process for developing the manual involved a consultative process including meetings with members of a joint working party and comments from Institutes. The information contained in this manual is not definitive, as it is meant to provide staff with some fundamental aspects of their conditions of employment. More detailed information about employment conditions can be found in the DETAFE (Educational Staff) Interim Award and from Institute and Central Office human resources consultants. Reprinted February

5 I. PERMANENT EMPLOYMENT A. Introduction Conditions of employment for Lecturing staff and Lecturer's Assistants are in general prescribed in the DETAFE (Educational Staff) Interim Award, the Technical and Further Education Act (1976) (TAFE Act) and the Regulations under the TAFE Act. Section 15 of the TAFE Act enables the Minister to appoint Officers to provide technical and further education and undertake related functions. In addition, Clause 6 of the DETAFE (Educational Staff) Interim Award provides for appointments to be made on: a) a permanent basis b) a temporary basis c) full-time or part-time basis B. Conditions of Employment 1. Probation [Refer to Section 15 of the TAFE Act and Bulletin 475.] Initial appointment of officers may be on probation for a period of twelve months which may be extended to two years. At the completion of the probationary period the permanent appointment can be approved. 2. Salary [Refer to Schedule 1 of the DETAFE (Educational Staff) Interim Award.] Upon initial appointment, an Officer shall be paid at an incremental step in the range which fairly and adequately reflects the qualifications, experience and any special expertise possessed. For Lecturer's Assistants, progression to the next increment occurs automatically on the annual anniversary of their appointment. For Lecturers, at the completion of two years service they must satisfy a study or equivalent training/experience requirement before progressing to the next increment. Progression beyond step 7 is subject to specific requirements detailed in Schedule Authorised Non-Attendance Days [Refer Clause 21 DETAFE (Educational Staff) Interim Award.] Lecturers are entitled to 29 non-attendance working days per Institute year in addition to their recreation leave entitlement. Educational Managers and Institute Directors may be granted up to 10 non-attendance days per Institute year in addition to their recreation leave entitlement. (An Institute year is defined as 1st February to 31st January in the following year). Lecturer's Assistants are not entitled to non-attendance days. Reprinted February

6 4. Recreation Leave [Refer to Clause 20 of the DETAFE (Educational Staff) Interim award.] The recreation leave entitlement for Officers is 20 working days per annum. In certain circumstances recreation leave may be deferred to the following Institute year. For payroll purposes recreation leave is to be taken and recorded on the basis of normal working days (ie 5 days per week). 5. Sick Leave [Refer to Clause 24 of the DETAFE (Educational Staff) Interim Award.] The annual entitlement for Officers is 70 hours and for Lecturer's Assistants it is 90 hours and such leave is to be calculated, taken and recorded in working hours. The hours to be recorded as sick leave are those on which an Officer would have worked had the Officer not been absent on account of sickness. Payment for sick leave is based on the payment which would have been made had the Officer been employed on duty on the day(s) absent. 6. Long Service Leave [Refer to Division III of the TAFE Act - Long Service Leave.] An Officer's entitlement to long service leave is prescribed in the TAFE Act and Commissioner's Circular 48. In general, long service leave may only be taken when an Officer has completed at least 10 years effective service or in certain circumstances an Officer may be permitted to take pro-rata long service leave after 7 years effective service. The minimum number of calendar days which must be taken when applying for long service leave is 7 days. (See Bulletin 686) 7. Parenting Leave [Refer to Clauses 25, 26, and 27 of the DETAFE (Educational Staff) Interim Award - Maternity Leave, Leave for Child Rearing Purposes and Adoption Leave.] Unpaid maternity leave may be taken, subject to medical certification, for periods no greater than the end of the Institute year following the first anniversary of the child's birth. Leave for child-rearing purposes is available to Officers only for children of pre school age. Such leave will be without pay and is available for a full Institute year only. Adoption leave may be granted on the same terms and conditions as maternity leave and will be granted only for pre school age children subject to documentary evidence of the adoption being provided. 8. Study Leave [Refer to DETAFE (Educational Staff) Interim Award Clause 30.] All newly appointed Lecturers and Lecturer s Assistants who have not undertaken any formal teacher training are required to undertake a relevant course of study, which for Lecturers may include an initial teaching qualification. Lecturers should be released from duty without loss of pay to undertake an initial teaching qualification. Such release is only available during the first 4 years of the Lecturer's first appointment and release time is for at least 5 hours per week. Lecturer s Assistants may be released from duty without loss of pay to undertake an approved course of study. 9. Other Leave Entitlements Reprinted February

7 [Refer to Clauses 29, 31 and 32 of the DETAFE (Educational Staff) Interim Award - Bereavement Leave, Industrial Leave, Trade Union Training Leave.] Officers are entitled to paid leave on the death within Australia of a close relative (as defined in the Award). Leave, in general, is limited to one day but may be granted up to 3 days per occasion under certain circumstances. z Upon application, an officer may be granted industrial leave. Such leave may be with pay or without pay. Officers, who are members of the South Australian Institute of Teachers, may be granted time-off with pay to attend approved trade union training courses. In general, such time off shall be to a maximum of 10 working days during two Institute years. 10. Outside Employment [Refer to Bulletin 570 and Commissioner's Circular 52.] Full-time Officers are required to gain approval prior to seeking outside employment. In general, Officers are encouraged to engage in consultancy and other forms of professional development outside normal duties where such activities support maintain and develop their professional skills and standing. 11. Service Anywhere in the State [Refer to DETAFE (Educational Staff) Interim Award Clause 34, Regulation 8(7) of the TAFE Act, Bulletin 516 and 520.] Officers employed under the TAFE Act are initially appointed to an Institute campus but may be required to serve in any part of the State at any period of their service. 12. Transfers [Refer to Bulletins 516 and 520 and to Transfer Agreement.] Officers who were appointed to a non-metropolitan Institute prior to 1/7/88 may exercise their right of return to a metropolitan Institute. Officers exercising right of return, currently have priority of appointment in the metropolitan area. Officers appointed to non-metropolitan Institutes from 1/7/88 do not have automatic right of return but may apply to an advertised vacancy (on transfer) of the same classification in another Institute if they have served at least 3 years in the same Institute. Officers in metropolitan Institutes who have served a minimum of 3 years in the same Institute may apply on transfer to an advertised vacancy. Selection for transfer will be based on the principle of merit as defined in Part 1 of the Public Sector Management Act, Superannuation Reference should be made to the Superannuation Board regarding questions of eligibility and benefits applicable. II. 14. Housing In certain circumstances officers may qualify for housing, for which rental and certain conditions apply. Further information may be sought from the Human Resources Unit. TEMPORARY EMPLOYMENT A. Introduction Reprinted February

8 Section 15 of the TAFE Act enables the Minister to appoint on a temporary basis. An Officer or a Lecturer's Assistant appointed on a temporary basis is not guaranteed continued employment and holds office at the pleasure of the Minister. B. Conditions of Employment In general, the conditions of employment are the same as for permanent appointments as outlined in the previous sections. III. PART-TIME EMPLOYMENT A. Introduction Section 15 of the TAFE Act enables the Minister to appoint on a part-time basis. Officers and Lecturer's Assistants appointed under the TAFE Act may apply to the Institute Director for part-time employment on a permanent basis or temporary basis. Following consultation with the employee the Director will determine which portion of the duties of a position are to be performed on a part-time basis. B. Definition An officer is defined as working part-time when: performing the duties of an officer at a prescribed fraction of the time normally required of a full-time officer, working 0.4 fractional time or more, for a continuous period of one semester or longer where the hours of work are fixed and constant. A Lecturer's Assistant is defined as working part-time when: engaged for less than 37.5 hours per week, working 15 hours or more per week, for a continuous period of one calendar month or longer when the hours of work are fixed and constant. Employment of Officers less than 0.4 or Lecturer's Assistants for less than 15 hours per week would normally be considered 'casual' and perhaps better undertaken via an hourly paid instructor or casual contract of employment, even if the work is ongoing and the hours of work are fixed and constant. However, in certain circumstances, where both the Director and potential employee agree that temporary/permanent part-time employment is more appropriate than an engagement as an hourly paid instructor or casual such application may be approved. A situation where an existing full-time permanent Officer seeks to reduce hours to less than 0.4 fractional-time or Lecturer's Assistant seeks to reduce hours to less than 15 hours per week, on a fixed pattern, and the Director is satisfied that the employee's continued permanent employment on the proposed reduced basis is in the interest of the Institute or Division is an example of appropriate circumstances. Ordinarily appointments of officers of less than 0.4 fractional time will be temporary. Part-time employees are entitled to pro rata recreation leave, sick leave, special leave with pay, and payment for public holidays on which they would normally be on duty, according to hours normally worked. C. Fundamental Aspects of Part-time Employment Part-time employment seeks to benefit the Service from the contribution to be made by employees who prefer not to work full time. As such, opportunities exist for employees to vary their career pattern to suit a desired life pattern. Reprinted February

9 a) Any person employed or seeking employment under the TAFE act is eligible to apply to work part-time. Part-time employment covers all occupational categories. Part-time employment may be applied for and/or granted on a temporary or permanent basis. If a temporary variation in hours is negotiated this may be negotiated for a period up to 2 years, at the expiration of which the affected employee may either return to initial employment or request continuance of the reduction or request a revised period of part-time appointment. b) Part-time employment is intended primarily to respond to the needs of employees and potential employees. c) Employees cannot be forced to go part-time. Although part-time employment can be used as a management tool in relation to genuine rationalisation and re-organisation of Departmental services; it is not to be seen as a mechanism for reduction of staffing levels. In relation to occupied positions, conversion to part-time employment must be at the request and with the consent of the Officer or Lecturer's Assistant. d) Applications for conversion to part-time are to be given positive and reasonable consideration. Employees should provide an outline of reasons why they wish to convert to part-time employment. Should the request for part-time employment be denied, the employer will provide the reasons for such in writing. e) Employees in promotional positions who are interested in working part-time should be referred for additional advice to the human resource personnel When considering a request managers may seek advice from Human Resources Personnel but before rejecting a request, managers should seek advice from Human Resource Personnel. Part-time employment is available to all employees and efforts should be made to accommodate those in promotional positions. There are many areas where, with reasonable planning, employees in promotional positions can be accommodated in normal departmental procedures and practices. f) Institutes and divisions may examine vacancies regarding their suitability for conversion to part-time. g) Part-time positions are established by altering the hours of full-time positions or by the creation of a new position. As with full-time positions, the determining factors regarding the creation of a part-time position include Departmental/Institute needs, availability of funds, and compatibility with staffing levels. Reprinted February

10 D. Conditions of Employment The guiding principle is that conditions of service for part-time employees are, in general, as apply for fulltime employees but on a pro rata basis and in proportion to full-time fraction or hours normally worked. 1. Salary The salary payable to a part-time Officer or part-time Lecturer s Assistant is the full-time rate adjusted in proportion to the fractional time or actual hours worked. (Section 39a TAFE Act) Incremental progression applies in a similar fashion as to full-time Officers or Lecturer s Assistants. Accordingly, first and subsequent increments are payable on the completion of the current part-time year of experience irrespective of the number of hours worked. Note: An Officer or Lecturer s Assistant working half-time does not have to serve for two calendar years to qualify for an increment. As for full-time employees, increments will be postponed by the number of working days leave without pay taken since the last increment was granted. This calculation will be based on the normal pattern of working days at the time the leave is commenced. 2. Authorised Non-Attendance Days [Refer to Clause 21 DETAFE (Educational Staff) Interim Award.] The authorised non-attendance days entitlement for part-time officers is the same as for full time officers. For payroll purposes authorised non-attendance days are to be taken and recorded on the basis of normal working days (ie 5 days per week). Payment for authorised non-attendance days is reduced to reflect the fraction of time worked. 3. Recreation Leave [Refer to Clause 20 of the DETAFE (Educational Staff) Interim Award.] The recreation leave entitlement for part-time officers is the same as for full-time officers. For payroll purposes recreation leave is to be taken and recorded on the basis of normal working days (ie 5 days per week). Payment for recreation leave will be reduced to reflect the fraction of time worked. 4. Sick Leave [Refer to Clause 24 of the DETAFE (Educational Staff) Interim Award.] Whilst the basis for annual entitlement for Officers is 70 hours in most cases; and for Lecturer s Assistants it is 90 hours in most cases, the entitlement for part-time employees is calculated on a pro rata basis according to a part-time employee's normal working pattern. Leave is to be calculated, taken and recorded in working hours. The hours to be recorded as sick leave are those on which an employee would have worked had he/she not been absent on account of sickness. (For example, an Officer works Monday (4.0 hours), Thursday (6 Hours), Friday (5 hours) - entitled to 15/35 x 70 = 30 hours to the nearest quarter of an hour - debit 4.0 hours if absent on account of sickness on a Monday, 6 hours if absent on a Thursday or 5 hours if absent on a Friday). Reprinted February

11 Payment for sick leave is based on the payment which would have been made had the employee been on duty on the days he/she was absent. Where an Officer or Lecturers Assistant changes employment from full-time to part-time, part-time to full-time or from one proportion of part-time to another the existing sick leave credit (in hours) for service to the date of change will be retained. 5. Long Service Leave [Refer to Division III of the TAFE Act - Long Service Leave.] Part-time employees are entitled to Long Service Leave which accrues and is recorded and granted on the same basis as for full-time employees. a) Where the part-time employee's hours of work have been fixed and constant through his/her period of service, payment for leave is to be made at his/her normal current remuneration. b) Where the part-time employee's hours of work have varied (e.g. full to 3/5 time) throughout his/her period of service, while the qualifying period for and the actual entitlement to Long Service Leave are not affected, payment for that leave must bear relationship to changes in the hours worked which have occurred during the employee's service; as salary will be determined by the Chief Executive Officer. Note: that any variation to hours of work requires authorisation and should be recorded in the employee's leave records at the time to enable subsequent accurate calculation of payment for Long Service Leave. 6. Parenting Leave [Refer to Clauses 25, 26 and 27 of the DETAFE (Educational Staff) Interim Award - Maternity Leave, Leave for Child Rearing Purposes and Adoption Leave.] Part-time Officers and Lecturer s Assistants are entitled to similar conditions as full-time employees. The number of working days absence to be debited on the employee's record is in accordance with the principles outlined for recreation leave above. 7. Temporary Variation in Hours of Duty Under the definition of part-time employment, an Officer or Lecturers Assistant's hours are fixed and constant. However, there may be exceptional reasons for temporary variations to an employee's working hours. Since the usual reasons for seeking part-time employment are because of other commitments, any variations must be agreed to by the part-time employee. In the case of 'overtime' for part-time Lecturer s Assistants refer to DETAFE (Educational Staff) Interim Award, Clause 7 - Hours of Duty, B-Lecturer s Assistants, and (ix) - Part-Time Lecturer s Assistants. Additional days worked, up to a total equivalent of five days per week, are regarded as an extension of the contract and should be paid at the normal rate (ie not at overtime rates). A temporary variation in an employee's working hours may affect subsequent leave entitlements as well as affecting payment for the current period. Such approved variation must therefore be recorded on the employee's leave records. Variations of hours including the possibility of negotiated periods of full-time work should be short and known in advance. For example, the duties of a position may entail regular periods of country Reprinted February

12 travel for a few days each year. It would not be unreasonable to expect a part-time employee to agree to work full-time for the period of the country travel, provided there is sufficient notice. 8. Study Leave [Refer to DETAFE (Educational Staff) Interim Award Clause 30 Study Leave regarding Leave and Absence on Duty for Staff Development Purposes.] Part-time Officers and part-time Lecturer s Assistants are provided the same conditions and benefits as full-time employees except that the extent of time off with pay is granted on a pro rata basis equivalent to the fractional time worked. 9. Other Leave Entitlements Any other Award entitlement to leave is available to part-time Officers or part-time Lecturer s Assistants as for full-time officers or Lecturer s Assistants. 10. Outside Employment A part-time Officer or part-time Lecturer s Assistant may engage in remunerative employment or in an occupation or business without the need to seek permission. However an Officer or Lecturers Assistant should be mindful of the need to disclose pecuniary or other personal interest which conflicts or may conflict with the duties of the Officer's or Lecturers Assistant's position. 11. Superannuation Reference should be made to the Superannuation Board regarding questions of eligibility and benefits applicable. 12. Service Anywhere in the State Temporary or permanent part-time Officers may be required to serve in any part of the State at any period of their service. 13. Allowances [Refer Part VI Miscellaneous Section 39(a) TAFE Act] In most circumstances a part-time Officer will be paid allowances that may be payable at the same fraction applied to the rate that would apply if the officer was employed on a full-time basis. Locality Allowance and Travelling Allowance are paid at the full-prescribed amount. 14. Housing Temporary or permanent part-time Officers qualify for housing on an equal footing with any fulltime or temporary Officer provided they pay the full Departmental rental and accept the same conditions and liabilities as apply to their full-time counterparts. Reprinted February

13 E. Processing of Requests for Permanent Part-time Employment a) Employees wishing to convert from full-time to part-time must apply in writing. The usual first contact for this request would be the employee's line manager. b) The line manager should consider the request fully and in the event of rejection of the application the onus is on the Institute to demonstrate that conversion to permanent part-time is inappropriate. c) A line manager may, at any stage when considering a request, consult with Human Resource personnel and/or designated equal opportunity personnel, but should do so before rejecting a request. d) In instances when a request cannot be granted exactly as requested, a negotiated compromise may be possible between the applicant and the line manager. For example, conversion to part-time may have to be deferred for a short while or different days may have to be agreed. e) Any employee who feels that his/her request has not been given due consideration by the Department, should be aware of the Grievance Resolution Process as prescribed by the DETAFE (Educational Staff) Interim Award at Clause 37, Grievance Resolution. F. Advertising of Part- time Lecturing Positions a) Positions greater than or equal to 4/10 (0.4) fractional full-time i) These positions shall be advertised. ii) Notwithstanding (a) above, where the appointment is - for a period of less than 6 months (ie one semester) only expressions of interest may be called for and the position may be filled upon the approval of the Institute Director or delegate. iii) Any appointment made under (b) shall not be - extended beyond six months. iv) Officers responding to a general advertisement and who are appointed initially to a temporary part-time position by an interview panel may, should an opportunity arise, and subject to approval by the Director in line with any current policy, particularly with regard to excess staff, be offered: - an increase in their temporary part-time appointment - an extension to their temporary appointment. b) Positions less than 4/10 fractional full-time: i) These positions may be filled by calling for expressions of interest upon as per a) ii) above. ii) iii) Where a person has been appointed without interview, the part-time appointment cannot be increased to or above 4/10 time. Where a person responding to a general advertisement has been appointed by an interview panel, variation to the term of employment as outlined in a) iv) will apply. iv) Appointments of less than 4/10 time will ordinarily be temporary (see III B. Definition). Reprinted February

14 IV. HOURLY PAID INSTRUCTORS A. Introduction Section 9(6) of the TAFE Act enables the Minister to employ such persons as he or she considers necessary for the proper administration of this Act. Hourly Paid Instructors are appointed under this section and are paid rates of pay as prescribed in Schedule 1 of the DETAFE (Educational Staff) Interim Award. B. Definition An Hourly Paid Instructor is engaged on an hourly paid basis. Hourly Paid Instructors are not Officers of the Teaching Service. Hourly Paid Instructors may be engaged to: a) teach with the prescribed level of preparation and assessment/marking, which may consist of i) provide specific industry expertise in vocational programs not currently available from within the Institute's teaching staff; ii) iii) iv) replace an ill or injured lecturer on a short term basis; provide teaching in community education classes (Stream 1000's); provide lecturing duties, while longer term appointments are sought. v) teach in programs of limited duration. Characteristics of the engagement of Hourly Paid Instructors include: a) Engagement is for the performance of duties for a specified number of hours in a specified period. In the vocational education industry such engagement is on one of the following bases: i) Variable employment arrangements; where the hours are irregular and vary from week to week. eg. Week 1-8 hours, Week 2-4 hours, Week 3 - Nil, Week 4-5 hours While this method may have limited application in TAFE it may describe the use of a HPI backfilling for illness, leave etc, a large team of lecturers in the one field. ii) Semester/term based sessional arrangements, where the hours to be worked reflect less than the average hours per week. This arrangement is of particular use in community education courses (Stream 1000), where an HPI is engaged for X hours per week for a semester or term, or where an industry specialist undertakes to lecture in a vocational subject for a semester or term. It is viewed that such an arrangement should not normally exceed 10 hours per week. Where the situation does not allow the full role of an Officer to be undertaken or is less than 0.4 fractional time, then an HPI appointment on this basis is appropriate. or Reprinted February

15 iii) Limited duration, where the teaching hours to be worked may equate to a "full-time" equivalent, ie hours/week, but for a limited period. This arrangement may be appropriate to backfill an ill/injured lecturer where no other Institute personnel are available in that discipline. b) HPI employment is offered and accepted as such. All Hourly Paid Instructors must be engaged by a formal letter of offer, detailing the appointment arrangements including an end date and requiring a signature of the potential employee to such arrangements. There should be no extension to contracts. Any further offer of employment is to be by the way of a new offer and acceptance. c) HPI's are employed on an hourly basis. If an hourly contract is the intent termination of services may therefore be given by one hour's notice at any time, by either party. However, given the nature of many such appointments, and except in cases of dismissal or termination for any lawful reason, or cessation of class, appropriate counselling, response and intervention must be given prior to contract termination. d) Hourly Paid Instructors may be entitled to Long Service Leave but have no entitlement to any other form of leave. e) Hourly Paid Instructors are paid according to actual hours of teaching or setting and marking of examinations or required and authorised attendance. Where employment is regular, involves consistent starting and finishing times on prescribed days, is long-standing in nature, (particularly where additional time to the initial appointment is achieved via extension as opposed to a new offer and acceptance) and involves predetermined attendance where the employee does not need to make further arrangements as to those future attendances then this arrangement is more reflective of part-time employment, whether on a temporary or permanent basis. Where the appointing authority is unsure of the most appropriate contract of employment, advice may be sought from the Human Resources Branch, Corporate Services Division. C. Other Condition of Employment Matters 1. Rate of Pay The rate of pay payable to an Hourly Paid Instructor is prescribed at Schedule 1 in the DETAFE (Educational Staff) Interim Award. The rate of pay is paid for actual hours of lecturing and/or required attendance. The rate incorporates preparation and marking time and complexity of such. As Hourly Paid Instructors are paid according to actual hours of teaching or setting and marking of examinations or required attendance they must sign an Institute Time Book or such other approved method of recording arrival and departure times as may apply. 2. Workers Compensation Hourly Paid Instructors are eligible for compensation under the Worker's Compensation Act, subject to the normal provisions of the Act. Reprinted February

16 3. Staff Development Hourly Paid Instructors may be included in certain staff development activities as members of the lecturing body of the Institute if attendance is required. 4. Long Service Leave Hourly Paid Instructors are entitled to Long Service Leave pursuant to the Public Sector Management Act Section 71(2)(a). Commissioner's Circular 48 prescribes such leave. 5. Travelling Allowance Hourly Paid Instructors are eligible, in certain approved circumstances, for payment of a travelling allowance, where this is in connection with their duties. 6. Departmental Instructions and Regulations Hourly Paid Instructors are subject to certain rights and powers under departmental instructions and regulations. These matters are found in Bulletins, circulars and the Technical and Further Education Act and Regulations as amended from time to time. In particular: Regulation 29 - Travelling Expenses Regulation 37 - Compliance with Regulations and Administrative Instructions Regulation 39 - Impartiality of Instruction Regulation 40 - Political Intervention to Obtain Unfair Advantage Regulation 41 - Not to incur liability on behalf of the Government Regulation 43 - Student Conduct Regulation 44 - Destruction or Damage to Property by Students Regulation 45 - Suspension or Expulsion of Students Regulation 46 - Treatment of Sick or Injured Students 7. Employment of Hourly-Paid Instructors over the Age of 65 Years Employment of persons over 65 years of age must be considered in light of public sector policy and conditions (ie TVSP's, Superannuation Pension). 8. Superannuation Public Sector Employee Superannuation Scheme (PSESS) provides a productivity superannuation benefit to State sector employees, which includes hourly paid instructors. D. ROLE OF HOURLY PAID INSTRUCTORS 1. Responsibilities Hourly Paid Instructors are responsible to the Educational Managers for implementation of an educational program to a group of students. In conjunction with permanent and temporary staff, Hourly Paid Instructors are expected to: agree upon a set of learning objectives, plan and implement a sequence of learning experience, evaluate students learning, provide resource materials and individual help, record student attendance and performance, contribute as appropriate to the development of curriculum. Reprinted February

17 2. Functions Hourly Paid Instructors are required to perform any or all of the following functions: teach with the prescribed level of preparation and marking, undertake individual music tuition, set and/or mark examinations/assignments, tutor, undertake external studies marking. The teaching function is defined as any or all of the following: a) Teaching mode where you expect the normal preparation and marking loads to be associated with the class contact effort. b) Music Tuition, Individual (one-to-one) c) Marking and/or Setting of examination papers and major ASSESSED assignments. Work functions include: set examination papers mark examination papers set and mark examination functions set and mark major assessed assignments which play their part in a students final assessment. As rates are $/hour all marking must be converted from the number of papers to equivalent hours. Guidelines on payment of hourly paid instructors for processing examination papers/assignments HPI s who are required to set and/or mark examination papers shall be paid 2/3 of the normal rate payable to such an instructor for the time reasonably required to be occupied for the setting and marking of such examinations. This shall also apply to instructors, who are required to set and evaluate major assignments during the year, which play a part in the final assessment. Where such work is required, the following time (period) allowances are given as guidance. i) Setting whole of the examination paper [6 hrs] ii) Marking a 3 hour examination paper - Whole paper - short answer or essay type questions Whole paper - problem or multiple choice questions [30 mins/paper] [15 mins/paper] iii) Set & Evaluate major assignments A major assignment meaning one that is >=30% of final assessment. Payment would be made for ONE assignment only in each semester where there is an examination. SETTING major assignments MARKING major assignments (all types) [2 hours] [15 mins/paper] Minor assignments (less than 30% of final assessment) are to be considered as part of an HPI's normal teaching duties. d) Tutoring Work functions include: Reprinted February

18 Facilitating the learning process by assisting individuals/small groups with specialist advice and one who works under the direction of a lecturer. A Tutor does not manage the learning process nor prepares or sets tutorials. e) External Studies marking of assignments E. Class of Instruction Note: Rate is $/paper not $/hour. It is inappropriate for Hourly Paid Instructors to be used in duties (especially administrative) other than the teaching function identified above. Class Class V Class IV Description Modules classified within this category have been deemed to be of such a nature that the teaching requires limited preparation. Adult Community Education subjects, ie Stream 1000 courses, would in the majority of such cases utilise the Class 5 rate. Apart from music subjects any hourly paid instructor involved in individual teaching will be paid at the Class 5 rate. Subjects classified within this category have been deemed to be of such a nature that to provide the appropriate teaching requires significant preparation and/or marking. An instructor whose responsibilities include any or all of the following: teaching classes of two or more students acting as a resource for volunteer and paid tutors managing part or all of a literacy course will be paid at Class IV. Such subjects are considered to be a major proportion of overall TAFE activities. Class III Class II Class I Subjects classified within this category have been deemed to be of such a scope and nature that to provide the appropriate teaching requires significant preparation and marking when compared to a Class 4 subject. Subjects classified within this category have been deemed to be of such a scope and nature that to provide appropriate teaching requires a teaching effort involving significant marking and preparation workloads with the subject being of high complexity. This category may be used upon prior approval of the CEO or delegate when "an instructor of outstanding experience and/or ability." is engaged to conduct short-term classes or single lectures - a visiting Specialist. DETAFE policy has been to allocate a class (2, 3, 4 or 5) to all subjects within the Vocational and Access program areas. Reprinted February

19 The HPI rate of pay reflects the workload necessary in order to teach the subject. The guidelines developed and used to classify subjects to classes arose from Program Advisory Groups with input from Institute educational program managers. F. MISCELLANEOUS 1. HPI Rates of Pay and Award Codes December 1999 SUBJECT HPI CATEGORY TEACHING TUTORING RATES SETTING MARKING EXAMS EXTERNAL STUDIES MARKING per Paper TEACHING (*) MUSIC individual tuition 100% of (*) TUTORING 2/3 of (*) 2/3 of (*) 1/4 of (*) CLASS 1 90R4501 $ $89.65 N/A N/A N/A N/A CLASS 2 90R4301 $ R8201 $ R7201 $ R6401 $ R3201 $15.16 CLASS 3 90R4201 $ R8301 $ R7301 $ R6301 $ R3301 $11.58 CLASS 4 90R4101 $ R8401 $ R7401 $ R6201 $ R3401 $9.53 CLASS 5 90R4001 $ R8501 $ R7501 $ R3501 $ Director Approved for Paying Classes Adult Community Education subjects, i.e. Stream 1000 courses, would in the majority of such cases utilise the Class 5 rate. However the Institute Director has the discretion to set the level (except Class 1 category) of HPI payment for such subjects, on the proviso that fees generated cover all costs (including overheads) in conducting the class. 3. Rates of Pay for Examination Supervisors (Invigilators) The payments for HPI's to supervise examinations are dependent on whether the examination is of a 1, 2 or 3 hours duration. The rate relates to a TOTAL session. Length Award Code Rate/Session (hours) 1 hour exam 43R1801 $ hour exam 43R1802 $ hour exam 43R1803 $ Distance Learning, Marking of Papers The marking of papers within the Distance Learning program will be at the Class 5 External Studies hourly rate. Reprinted February

20 G. Miscellaneous 1. Appointment a) Employment of Hourly Paid Instructors is by the Minister, through the Minister s delegates. b) Hourly Paid Instructors should normally not be engaged for more than 10 hours per week across the Department. The hours of engagement will be monitored. c) In circumstances where an Hourly Paid Instructor is employed for more than 10 hours per week the Instructor must be paid for all time worked. 2. Selection Selection of hourly paid instructors should be made with regard to merit and equal opportunity considerations. a) Application To meet these considerations Institutes are advised that applications should be sought of interested persons in undertaking sessional arrangements. Applications may be rated according to the criteria for appointment. A register may be maintained. b) Interview Prior to an offer of appointment an interview should be conducted. c) Work Report As with any position, a work report should be sought prior to an offer of appointment. All offers of appointments for Hourly Paid Instructors should be on the above basis. The only exception would be in the utilisation of Industry Specialists. 3. TAFE Act Officers as Hourly Paid Instructors No TAFE Act Officer (Lecturer, Lecturer s Assistant, Educational Manager or Director) is to be engaged as an HPI. On advice from the Crown Solicitor, the Technical and Further Education Act prohibits persons appointed as Officers under Section 15 of the Act holding appointment under Section 9(6) of the Act On this basis, the Department will phase out Officers being appointed under Section 9(6). 4. Applications for Other Public Sector Positions Hourly Paid Instructors are eligible to apply for positions advertised in the "Notice of Vacancies" if they were actually employed by DETAFE at any time during the period from the date of issue of the Notice of Vacancies to the closing date for such applications. Reprinted February