Stage 2 Arbitration Decision Summary for Aboriginal Educators

Both parts of the Arbitration Decision have resulted in some very significant gains for Aboriginal Educators.

The first part of the Decision, brought down on 10 February this year, delivered a minimum salary increase of 15.75% for all members (which amounts to 16.7% in real terms over the life of the Award).  For Aboriginal teachers currently on Step 8 the increase is even greater (21.3%), given that they will progress to Step 9 in October this year.

It is important to remember that improved maternity/adoption leave entitlements were implemented administratively from 1 January 2009 where paid leave increased from 12 to 14 weeks.  Both permanent and contract employees are eligible for paid maternity or adoption leave provided they have completed 12 months continuous service prior to the birth or adoption of the child.  A break of three months or less (excluding school vacations) does not constitute a break in service.
The second part of the Decision of the Full Commission of the SA Industrial Relations Commission, brought down on 25 June, provided long awaited improvements for AEWs.  (Throughout the Decision and in the Draft Award the Full Commission consistently uses the title AEW.

One of the greatest wins for members is that temporary school-based AEWs with contracts of 15 hours or more per week will be offered permanent positions effective from the commencement of each school year during the life of the Award which nominally expires in June 2012.

To be eligible for a permanent appointment AEWs must also have been engaged in one year’s continuous employment in the same position, excluding term breaks.

A break in service of three months or less will extend the qualifying period by the length of the break.  However a break in service of more than three months will result in the service period recommencing.

AEWs converted to permanency will be offered a minimum of 30 hours per week from the beginning of the relevant school year and those who accept these additional hours will be required to participate in a staffing placement process.

More good news is that a review will be undertaken into casual school-based AEWs who have been working for two or more years to ascertain whether the hours worked can be increased from the current level and the employment converted to permanent status.

Temporary non-school based AEWs with continuous contracts greater than one year’s duration will be offered permanent AEW 3 positions at the end of their tenure.

AEWs who have three years continuous service in a level 4 or 5 position will be offered permanent fallback positions to AEW level 3 and 4 respectively, to take effect at the end of their tenure.

The AEU claim for a ratio of 30 students to one AEW was not granted by the Full Commission largely because DECS argued that there were not enough people to achieve this target which appears in its own Aboriginal Employment Strategy.  The AEU believes that the conversions to permanency and increased hours for school based AEWs will contribute significantly to achieving the desired result.

The Full Commission noted that the Chief Executive currently has the discretion to approve paid study leave for AEWs wishing to become teachers.  We encourage members who wish to apply for additional paid study leave to contact the AEU for advice and support regarding the process.

In addition to the introduction of the Step 9 classification, there were significant wins for Aboriginal teachers.  For the first time the 0.2 release time support for beginning Aboriginal teachers has been included in an Award.  This provides a much stronger guarantee that this benefit will be on-going for beginning teachers.

The AEU argued strongly that a teacher network, as well as formal induction and mentoring programs, should be included in an Award.  However the Full Commission took the view that DECS had already implemented these initiatives whilst acknowledging the need for consultation between the AEU and DECS to promote the effectiveness of these programs.  The AEU will continue to advocate for increased and improved support networks for Aboriginal teachers and leaders.

The gains achieved by the AEU were only made possible by the strength of our membership and the outstanding witness statements provided by our dedicated Aboriginal members and eminent community members.  We thank each and every person who contributed to this process.

Overall the outcomes following Arbitration and a long and determined campaign by the entire AEU membership give cause for considerable celebration and optimism for the future.

The AEU urges every Aboriginal member to encourage others to join the AEU. Improvements in wages and working conditions are only achieved through collective action and a strong membership base.

Follow this link to the Full Decision of the IRC (SA). Follow this link to download a copy of the Draft Award in Word or PDF format.