What the TCEO won t tell you.
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- Marcia Heath
- 6 years ago
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1 In their own documentation in support of their proposed Agreement, the TCEO contends that but for errors found and adjustments made in the editing process, we are confident that we have not strayed far from the original wording in each of the previously agreed clauses. Sounds like there is nothing to be worried about in the proposed TCEO Agreement then? WRONG. Here are some examples of just how far this Agreement departs from previously negotiated outcomes. IEU agreed clauses Clause TCEO proposed Agreement Length of Agreement The parties had agreed to an expiry date of mid Teachers classification and progression Removal of accreditation linked to progression through the teacher classification structure. Improved parttime progression. Parity of structure with government sector. Definitions instructional load Whilst home room had not been agreed in negotiations to be included in the instructional load, the definition of what was not included in the instructional load remained unchanged. Definitions co-curricular The IEU did not seek to change what was included in the definition of co-curricular activities. We agreed to remove the requirements to keep log books of activities. Definition - School holidays The IEU had drafted a clause clarifying that teachers receive all paid school holidays. The current Agreement also makes it clear that the full year is paid. Definitions - School year The IEU had proposed that school year definition clearly match the Tasmanian government school year. Definitions - Lab Managers The agreed clauses defining categories of teaching support employees included lab managers. 3 P 4. A 3 year agreement or the end of November 2017, whichever is the latest. For the key issues around support staff, home room, and redundancy, we could be waiting years to see any improvement. 5 P.4. Definitions and 56.3 (f) make it clear that TCEO can determine progression for both full-time and parttime teachers through policy that now sits outside the Agreement. So while they have inserted our proposed structure and translation, and moved on part-time progression (but not delivered parity), they have reneged in a significant way there will be policy sitting outside the Agreement that they can use to prevent teachers progressing. 5 P6. Definitions. The TCEO has added a new sentence stipulating that provision of home room duties and non-instructional pastoral care shall not form part of the instructional load. They have clearly entrenched their negotiating position in their document. 5 P5. The TCEO has made a significant error in their draft. They state that all co-curricular activities sit outside the working week in Definitions, but inside the working week in the section on Teachers Hours of Work (p 65). Confusing? 5 P 7. TCEO has inserted a new definition of school holidays as periods during which schools are closed from study. They have also removed the current provision of paid stand down for holidays. (see later note) 5 P 7. TCEO has inserted a new definition of school year the period 3 days prior to the commencement of the Tasmanian government school year in one year to 4 days prior to the commencement of the Tasmanian government school year in the next year. 5 P 8. The TCEO doesn t believe that anyone working in a laboratory setting actually does work equating to a lab manager. They have deleted the reference. 1
2 Dispute settling The agreed clause contained reference to the Union s equal role in any dispute and the steps to be undertaken to resolve that dispute. Consultation The agreed clause enabled input from the IEU in the establishment of Consultative Committees. The default model was representative with two IEU nominees. CC training was to be delivered by the IEU. The CC retained the right to determine whether the day between Show Day and a weekend would be a working day. Managing Staff performance The agreed clause stated that an employee shall have the right to be represented at all meetings by someone else, including a Union rep The agreed timeframe for an employee to demonstrate improvement was 6 months. Relief employees We made no change to the current formula for determining the rate of pay for relief employees. Annualisation of salary The current Agreement allows for support staff employees to annualise their salaries over the year if they are not employed for the full school year. Clearly we were trying to increase the guaranteed number of weeks of employment for support staff. We had kept the existing clause in drafting pending resolution of this critical issue. Salary sacrifice The current Agreement stipulates that annual leave loading entitlements must be calculated on the Agreement rate of pay as if no salary sacrifice arrangement were in place. 7 P The TCEO has removed all references to employee representation and the IEU in the new clause but they clearly have their own lawyers to represent them (see Cl 7.2). 8 PP The TCEO clause removes the IEU from establishment of the Committee. It reinstates the entire workforce as a model which has been very problematic in the past as it can be used to ensure CCs have no real influence. The TCEO is cited as the provider of training on the CC. The CC cannot determine whether the day between Show Day and a weekend is a working day. 9 P 13. The TCEO has changed this to read that an employee shall have the right to be supported at all meetings by another person. The word support weakens the clause. The new time frame for an employee to show improvement is 3 months. The IEU is excluded. 12 P 16. The TCEO has deleted a reference to the weekly rate being 1/52 of the annual salary which moves it to a divisor of a very small change, but effectively enabling them to make a small reduction in salary. 14 P 19. There has been a disturbing change to the current clause. It does not quarantine annualisation of salary to one category of employee. The new clause enshrines employment for less than a school year for any type of part-time employee. This is deceptive. The new formula to calculate annualised salary changes the equation from to 52 in this formula the result is another small cribbing of low paid employees wages. The TCEO has not wavered from treating support staff as disposable employees, with disposable hours. 16 P 23. The TCEO clause omits this provision. This will be a significant reduction for any employee who salary sacrifices. 2
3 Redundancy The agreed clause contained clear timelines, notification to the IEU, representation in redundancy meetings by the IEU, agreement to be reached with the IEU on both the redundancy proposal and the criteria that the principal proposed to use to make their decision about who would be declared redundant. What was not agreed was the redundancy quantum. The agreed clause also allowed in the case of a voluntary redundancy for the IEU and the employer to negotiate on the quantum, which would be no less than the provisions in the new Agreement. Reduced hours The IEU had made no changes to the current Agreement clause. Professional development The parties had agreed on an induction clause. The IEU was to be a stakeholder in state-wide induction sessions. Allowances. The IEU had proposed a flat rate for meal and tool allowances of $20. Travel rates and the personal care allowance were to be indexed annually. The IEU had proposed the ATO rate (currently 76c per kilometre) for travel. Remote schools The TCEO had agreed to name schools in receipt of remote or isolated allowance, and insert specific allowances isolation, accommodation, relocation expenses and telephone/internet subsidies into the Agreement. They had also agreed to consult with the IEU annually when increasing these allowances. Trade Union Training Leave The current Agreement contains an entitlement for rep training with the Union. 18 PP The TCEO has modified this clause substantially. The timelines have been watered down to if practicable ; the requirement for notification to the IEU is deleted; the requirement to identify who is to be made redundant by agreed criteria is removed; a potential redundancy situation has been redefined where they are only obliged to comply with the process where conditions of employment could be reduced as opposed to any disadvantage. They also removed the requirement to negotiate with the IEU the amount of redundancy payment if someone volunteers for redundancy. The table of payments is the TCEO proposal. The IEU is seeking higher payments for older employees. They have also added the right for the employer to reduce redundancy pay on the basis of incapacity to pay. This is a clause for small businesses, not applicable at all to the Catholic system. 19 P 25. The requirement to notify the IEU in the case of a need for reduction of hours is removed. Employees who face a drop in income will not have any right to representation. 20 P 26. The TCEO will invite unions to address new employees. What unions? 23 PP The TCEO proposes a flat rate of $18 for meals and $16 for tools only. The TCEO proposed travel rate is 55c per kilometre, and they have reneged on annual indexation. The personal care allowance has also only been set at $14.50 per week, with no change for the life of the Agreement. Just as mean, if you look at clause , support staff have to produce a receipt in order to even claim a meal if they worked a long day! 27 P 28. The agreed clause has been deleted and replaced with a vague clause where they will provide allowances to certain schools, based on their own criteria. The TCEO decides if your school is isolated, whether you receive any allowances, and how much they go up (or don t) every year. The TCEO has added a new qualifier that your school must be hard to staff and they decide what that means. The provision has been deleted by the TCEO. 3
4 Parental leave The provisions are generally as agreed between the parties and drafted by the IEU save for a couple of key omissions by the TCEO. School Support Employees Notice period. The agreed provisions required employers to give between 2 to 4 weeks notice of termination to a school support employee, depending on length of service. 42 PP Limited tenure employees in the IEU draft would be eligible for paid parental leave after three school terms or 9 months service. The TCEO has omitted the reference to 9 months as an option which will short-change some limited tenure employees. Keeping in touch days were originally agreed to be able to be performed as relief days or limited tenure. The reference to relief days is deleted. The TCEO has failed to insert a provision from the current Agreement, During the period of parental leave the employee shall be entitled to return to work at any time, as agreed between the employer and the employee, provided that the employer may require notice of not more than 4 weeks. They have replaced this provision with a slightly different clause that gives more emphasis to employer agreement. The TCEO has also omitted a key provision from the current Agreement that enables any pregnant employee to work part-time during their pregnancy. The right to extend parental leave more than once with employer agreement has been deleted from the TCEO draft. 44 P 57. The TCEO refers to 2 to 4 weeks but also states that 2 weeks notice only may be given by the employer. The clauses directly contradict each other. The clause the TCEO has added back into its draft does not even meet the minimum standards contained in the NES (National Employment Standards). Preparation Day for Teacher Assistants The agreed clause expressed a clear entitlement to one day free from meetings and scheduled tasks. School Support Staff core and flexible hours Because of the shift from three terms to four terms, we agreed that calculation of core hours should take place by the middle of term 3 so that employees had enough notice. 49 P 61. The TCEO has added the words where required by the employer the teacher assistant will have a day free of meetings etc. It is no longer an entitlement, and becomes something the principal can decide to give or not. Note where they have stuck the clause in their Agreement hidden in Core and Flexible elements of work at P61. The TCEO has changed this provision so that employers do not have to notify you until halfway through term 4. 4
5 School Support Employees Classification IEU words The parties have agreed to review and update the classification descriptors for all school support employees during the first year of the life of this Agreement. The parties commit to actively negotiating to this end, and the employers will consult with staff and their representatives covered by the clause to ensure a contemporary, relevant and fair outcome. The parties will develop a structure to properly renumerate wellbeing and para-professional employees. Upon reaching agreement on a new structure the parties will take steps to vary this Agreement. Teachers termination There was no change to the current provisions in the Agreement which entitle teachers to a written reference with detailed information. Teachers preparation day We had reached agreement on a preparation day, free of any constraints. Teachers Days of Attendance and Hours of work. The agreed clause did allow for the 35 hour week to be a 36 hour week, with some key differences. Settlement of this major issue was conditional on the TCEO agreeing a set of improvements including: to count home room and all pastoral duties in the 20-hour instructional load for secondary teachers; the total time for non-teaching face-to-face duties and meetings could still not exceed 5 hours per week across the school term; and to stipulate that there was no set attendance requirement and no attendance required when scheduled duties were finished. All of the provisions contained in these clauses were part of a total settlement. 50 P 62.The IEU has been written out of the representation of employees in the development of a new structure. The TCEO will decide on a new structure. Employees, unrepresented, will have to negotiate a structure and pay rates with the TCEO and its lawyers. They have repeatedly said in bargaining that they think support staff are overpaid. They also want to use this opportunity to break the nexus that ensures that support staff get the same increases as teachers. 52 P 64. The TCEO has unilaterally removed this entitlement and you can now only receive a statement of service with dates you were employed and the duties undertaken. 52 P64.The TCEO changed the words in to classroom preparation. Subtle, but significant. 52 PP The TCEO has reneged on the settlement of these clauses as a total package and cherry-picked. They have not counted home room and pastoral duties in the instructional load; have increased the total nonteaching time for secondary teachers from 5 hours to 6 hours a week, and watered down the agreed provision that there is no set attendance requirement by adding a caveat about the employer being able to reasonably request a teacher to perform additional duties having regard to operational requirements. This renders the clause useless. The commitments the IEU secured in respect to days of attendance in Clause 52.4 contained an additional provision that where there is a week day between a public holiday and a weekend, the Consultative Committee will determine whether this day is a working day. This provision has been deleted. Teachers - Core hours Because of the shift from three terms to four terms, we agreed that calculation of core hours should take place by the middle of term 3 so that employees had enough notice. 52 P66. The TCEO has changed this provision so that employers do not have to notify you until halfway through term 4. 5
6 Teachers annual leave The IEU draft clarified that teachers receive all school holidays without deduction of pay. 52 P 67. The TCEO draft has removed the current provision which refers to stand down pay at the end of each term i.e. a salary for a full school year. The TCEO draft only refers to payment in the January school holiday period ( ). There is no clearly expressed entitlement to paid school holidays throughout the year. Error or omission? Teachers incremental progression 53 P69. The insertion of the requirement to obtain the necessary TCEC accreditation is an act of deception. The TCEO had agreed to remove the accreditation policy from the Agreement and to remove any reference to accreditation in teacher progression. They did the first, but not the second, so they can now change policy at whim and put any barriers they want in the way of teacher progression. Part-time teachers pay 53 P70. The TCEO has removed the words or duties in lieu of instructional load in which means that part-time teachers do not have to be paid for POL hours or any other duties assigned in place of face-toface teaching. Professional Learning Leader We had proposed removing the requirement to do 5 days PL outside school hours as part of the deal to move from the 35-hour week to 36 hours. Positions of Leadership It had been agreed that for calculating PoLs, kinder children would count as 0.6 of a student as they attend for three school days. 54 P71. The TCEO has reinstated the 5 days PL outside school hours and kept the 36-hour week as well. 55 P73. The TCEO has reduced this to
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