Stage 2 Arbitration decision summary
The Industrial Relations Commission (IRC) handed down their Stage 2 arbitration decision today. The AEU is delighted that the Commission has recognised that education workers are overworked and do not have enough time to focus on the core work of teaching and learning. The following summary will be followed by more detailed analysis which will be provided to members in due course.
A brief summary
Workload protections
We have won the AEU definition of face-to-face teaching which prescribes hours of face-to-face teaching and a teacher’s individual entitlement of Non Instruction Time. Details are below for Primary and Secondary teachers and there are subsequent flow-on for other classifications.
|
Secondary School Teacher |
21 hours per week |
5 hours 40 minutes NIT |
|
Primary School Teacher |
22 hours 30 minutes |
4 hours 10 mins NIT |
For the full table please refer to paragraph 794 of page 163 of the Full Decision.
The Commission has also drafted clauses to regulate other duties required of teachers and that provide a grievance process concerning workload.
Workload review for leaders and teachers
The Commission found that the workload of leaders and teachers was unreasonable, excessive and unsustainable.
They have ordered that a workload review be undertaken between the industrial parties to address the following:
- analyse what teachers and leaders do in each educational setting;
- identify which tasks are the responsibility and role of teachers and leaders respectively;
- identify the designation of the appropriate staff within the school or at regional level to undertake tasks that are not properly within the role of a teacher or leader;
- review all central and regional administrative policies and processes that are required to be implemented at a local school level with a view to simplifying, reducing or better managing the administrative load of teachers and leaders; and
- review the allocation of SSO support at those schools with significant levels of individual student plans with a view to providing increased classroom support.
Additional leadership
The Commission Decision states: “In our view the evidence supports the provision of additional leadership positions to accommodate the current workload however a more efficient means of dealing with ICT support would be via an addition to the global funding to accommodate that need.” The Chief Executive has been requested to provide additional funding and if this is not forthcoming, then the number of leadership positions will be regulated by the Industrial Relations Commission.
Class sizes
The IRC has determined that class size will not increase and will be maintained as prescribed in the Staffing Allocation Document.
R-2 = 26
3-7 = 30
8-10 = 29
11-12 = 26
This provision will mean that members have an industrial protection around the number of students in their class. The Commission has determined status quo in terms of numbers, however the positive message in this is that class sizes cannot increase without the agreement of a teacher, nor under any proposed Government budgetary or funding arrangements.
Permanency
The IRC agreed that the issue of high levels of contract employment for teaching and non- teaching staff was a matter of deep concern. This is a huge win for the AEU and our members.
SSOs and ECWs:
Existing temporary SSOs and ECWs will be converted to part-time or full-time permanent status as appropriate to the hours worked, providing that the employee has more than two years service and at least 15 hours work per week across one or more sites in the previous two years of employment.
AEWs/ACEOs:
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 that falls within the nominal life of the Award.
All school-based AEWs converted to permanency will be offered a minimum of 30 hours a week.
Contract teachers:
A joint working party will be established to undertake a review of the DECS employment, recruitment and selection policies to provide an avenue for recognition and conversion of contract teachers to permanency.
Matters to be included:
- criteria and process for permanency conversion of contract teachers;
- access to a grievance process; and
- increasing the loading ($$) for contract teachers after a certain number of successive yearly contracts.
The teacher placement process is protected under the Award and can only be changed through agreement. This also applies to the Part-time Teachers Policy and Special Leave Policy.
Overtime for SSOs, ECWs and AEWs/ACEOs
The Commission stated that “We have concluded that the working of unpaid hours by these employees is endemic. This is an unacceptable situation and we expect that this level of hours worked without compensation will be reduced. In this regard DECS has the responsibility to ensure that industrial instruments are adhered to.”
In addition, the overtime provision for SSOs were strengthened to include a default option for payment of additional hours of TOIL not taken within a defined timeframe. Current overtime provisions remain in place for AEWs.
Special Education
The Commission has determined that there shall be an SSO present in a class in a Special School, Special Unit or Special small class whilst such classes are being taught.
Further, the Chief Executive has been given the opportunity to clarify and improve the 2009 funding commitment to ensure that current funding for Special Education settings, New Arrival programs, Open Access College, Behavioural Units, Special Schools, Special Units and Special small classes remains at current levels to allay funding reduction concerns.
Personnel Advisory Committee (PAC)
The AEU has won an improved consultation clause and we have an improved PAC structure. The Commission has determined that the allocation of resources should be undertaken in partnership with the PAC.
Preschools
The Commission has requested that the Chief Executive recast the 2009 commitment in relation to preschools to clarify that:
- contact time will continue to reflect current practice;
- leadership release time for Preschool Directors will continue to be set in accordance with the Preschool RES;
- additional leadership time will continue at current levels as a minimum; and
- group size and staff ratios will continue to be resourced according to current preschool staffing formula as a minimum.
Country Incentives
The country incentive allowance and the one-off incidental payments will be indexed in accordance with stage one salary decisions. The AEU claim for an extended country incentive scheme was unfortunately not granted by the Commission.
Follow this link to the Full Decision on the IRC (SA)