Stage 2 Arbitration Decision Summary for Leaders

Now that both parts of the Arbitrated Decision have been handed down, it is timely to have a look at the very significant gains for AEU leaders.

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). This was significantly higher than the 11% that was on the table from the State Government for leaders and non-teaching staff and was a direct result of the AEU evidence tabled on the need for a nationally competitive salary.

Stage One also delivered the new PC09 classification which has had immediate benefits for a number of schools. The AEU is aware that there are some contentious issues about the PC09 classification and the AEU is engaged in ongoing discussions with DECS about this matter. We believe that there is potential to have more schools re-classified and that this is best achieved via the SSACS review process. Negotiations about the SSACS review are ongoing and further information should be available for members early next term.

The Decision also provided for a new PSD4 classification. As a result 26 preschool directors were reclassified to the PSD4 level in April this year.

Other matters which still need to be finalised between the parties as a result of stage one include:

Agreed classification criteria for Coordinator 2 and 3.
Review of the Assistant Principal and Deputy Principal classification
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 of 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, was brought down on 25 June.

The Commission concluded that:

Across the school sector teachers and leaders are working unreasonable hours because of excessive workload.

 "....we conclude that the practice of working additional hours is widespread, that the evidence of the AEU witnesses is indicative of the hours of work involved.

 "We find that the hours of work described by the AEU's witnesses are unreasonable, excessive and unsustainable. The fact that teachers and leaders have long periods of non-attendance between terms and school years cannot compensate for unreasonable working hours during the school week and on weekends and in any event the evidence of the AEU's witnesses indicates that the long  breaks are also being eroded by work."

"We cannot say that this is the unanimous experience of all teachers and leaders. As indicated earlier the amount of out of hours work will vary according to individual circumstances but we are satisfied  that a significant range of teachers and leaders are working long hours. This constitutes an unacceptable encroachment of work into private time and family life, causes loss of control of working hours  and conflicts with family responsibilities."

Teachers and leaders suffer from poor job design, and that this is particularly so in schools of high educational disadvantage.

Leadership numbers and configuration will be unregulated so that schools have the flexibility to determine their own leadership structures. However, this is contingent upon the Chief Executive providing an enlarged Commitment (from that of the 2009 Commitment) in order to fund ICT technical and associated curriculum support. If such a Commitment is not forthcoming, the Commission will regulate the number of leadership positions.

A joint (AEU/DECS) working party will be established to:

• Analyse what teachers and leaders do in each educational setting.
• Identify which of their tasks are properly within the role of teachers and leaders.
• Determine who should be undertaking non-core ancillary duties.
• Review all central and regional administrative policies and processes undertaken at a local level with a view to simplifying, reducing or better managing the administrative load on teachers and leaders.
• Review the allocation of SSO support to schools with significant levels of students with individual plans.
• Leaders will also benefit from additional resourcing associated with face-to-face teaching limits, an SSO being present in all classes in a special school, special unit or special small classes, strengthened permanency conversion processes for SSOs and ECWs, industrial recognition of permanency criteria for AEWs, and a joint review to provide an avenue for conversion of contract teachers.

There is no doubt that now the decision has been handed down by the IRC there is a great deal of work ahead for the AEU and DECS in negotiating the implementation of the new Award. AEU leaders have already raised their concerns about timelines, impact on staffing, resourcing and workload.

The AEU Principal's Consultative Committee will be actively involved in ensuring that leaders' voices are heard as DECS come to terms with the full ramifications of the IRC decision.

The gains achieved by the AEU were only made possible through the strength of our membership and the outstanding witness statements provided by our dedicated Principals, Preschool Directors and 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 leaders 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.