TAFE Arbitration - Stage 225-06-2010
The Industrial Relations Commission of South Australia today handed down Stage 2 of its Decision, which includes the following matters:
Contract conversion to Permanency
The Commission concluded that TAFE’s 5 year conversion policy is arbitrary and has become the default category of employment for new employees engaged in TAFE. Therefore, the Commission has determined that a conversion process should be undertaken to rectify the temporary employment status of employees where this does not reflect the true nature of their employment. Further, a new definition of temporary employee will be introduced to cover fixed task and replacement employees:
A temporary employee is an employee whose employment:
(a) Is for a specified period of time (“a fixed term employee”);
(b) Is defined by reference to a specific task or project, the completion of which will bring the employment to an end (“a fixed task employee”); or
(c) Involves filling a position temporarily vacated by a permanent employee who has a right of return to the position (“a replacement employee”).
A fixed term employee may be engaged where the position to be filled is in a newly created course or program and/or where the continued existence of the position beyond its expiry date cannot be reasonably predicted.
The duration of the engagement of a fixed term employee will generally not exceed two years, either as a single contract or two or more consecutive contracts. However, there may be particular circumstances that warrant an engagement or consecutive engagements in excess of two years and where this is the case the particular reasons will be outlined in writing to the employee concerned.
A conversion process will be conducted, and conversion to permanent status will apply to any temporary employee engaged as at the operative date of the Award (TBA), subject to the above definition. In the event that conversion to permanency is refused, TAFE will advise the employee in writing, of:
(a) Its refusal to convert the position to permanent status;
(b) The reasons on which the refusal is based; and
(c) The employee’s right to challenge the decision through the grievance and dispute settling procedure.
The Commission concluded that a new definition of teaching load is required, and determined that “Instruction and Assessment” means the delivery of instruction and training to students and the evaluation of students’ skills and/or competency using one or more methodologies. Methodologies may include:
- Online activities;
- Project work (which may be TAFE SA, worksite or independent learning);
- Industry Assessment;
- Class delivery;
- On job training;
- Distance Delivery;
- Video Conferencing;
- Recognition of Current Competency (“RCC”); and/or
- Recognition of Prior Learning (“RPL”).
Further, the Commission determined that in order to avoid the allocation of excessive workload, the amount of work to be undertaken by the Lecturer in addition to the scheduled hours, including curriculum development work, the development of course materials, course coordination duties and participation in Quality Assurance Groups will be assessed and reflected in the allocation of scheduled hours.
Span of Hours
The Commission rejected DFEEST’s attempt to expand the normal span of hours and reduce loadings. The Span of Hours is unchanged except where a lecturer requests to work outside of the normal span of hours, in which case the loadings will not apply.
Change in Workplace – 45 kms
The Commission rejected DFEEST’s attempt to increase the distance to 75 kms. Therefore, 45 kms continues to apply in the event that a decision is taken to change the employee’s workplace.
The Commission adopted the AEU’s claim for professional development and training for HPIs at the Class IV rate provided the HPI was engaged for more than 400 hours per year in the previous 12 months; or is engaged for 10 hours per week on a regular basis.
A joint AEU/TAFE review of the use of HPIs will be undertaken, subject to agreed review principles.
TAFE SA Education Staff Arbitrated Enterprise Bargaining Award 2010
Together with Stage 1 of the Decision which included salary increases, the new lecturer classification structure, Non Attendance Days and minimum Class III as the classification for HPIs undertaking Instruction and Assessment, the matters in Stage 2 will form the TAFE SA Education Staff Arbitrated Enterprise Bargaining Award 2010. The operative date will be advised by the Commission in due course.
Other matters that will be included in the TAFE SA Education Staff Arbitrated Enterprise Bargaining Award 2010 include:
- Dispute settling procedures
- Notification of Change
- Consultation in TAFE Institutes (ICCs)
- Paid Maternity and Adoption Leave
- Return to work on a part time basis
- Special Leave
- PD and Training
Follow this link to the Full Decision of the Industrial Relations Commission.