INDEPENDENT SCHOOLS NSW/ACT STANDARDS MODEL (TEACHERS)MULTI-ENTERPRISE AGREEMENT 2017

Briefing Paper for Heads and Business Managers

Negotiations are now finalised for the NSW/ACT Standards Model (Teachers) MEA 2017. The outcome detailed below was achieved following extensive consultation with member schools across NSW and the ACT. The AISNSW sought the direction of the AIS Employment Relations Committee (ER Committee) which discussed the negotiation strategy in meetings and determined resolutions to be approved by the AISNSW Board. We are pleased to provide this outline of the final Standards Model MEA for Teachers which is to be put to your teaching staff with the consent of the Independent Education Union.

The Outcome of Negotiations

Term or Conditions / 2015 MEA / MEA 2017 / Rational for Change
Coverage / Schools in the ACT had a separate MEA to NSW schools / The Standards Model MEA covers schools in NSW and the ACT with mostly consistent terms and conditions / To bring ACT salaries, terms and conditions in line with NSW
Term / 2 years / 4 years
Commencing 1 February 2017 with a nominal expiry date of 31 January 2021 / It was the overwhelming preference of AISNSW members to have a four year agreement.
Salaries / 2016 – 2.3% from the first full pay period on or after 1 February 2016. / Salary increases will be paid from the first full pay period on or after 1 February 2017
2017 – 2.3%
2018 – 2.5%
2019 – 2.5%
2020 – 2.5% / Consultation with AISNSW member schools and our ER Committee resulted in feedback that increases of 2.5% would be acceptable with a lesser percentage for one year to assist regional schools.
AISNSW was able to achieve that aim.
Personal/Carer’s Leave / Previously known as Sick and Carer’s Leave.
25 days per year awarded in full at the beginning of each year. Up to 20 days accumulated each year to a cap of 100 days. / Current accumulated leave balances remain.
On 1 February 2017 each staff member is awarded 15 days on the first full pay period on or after 1 February 2017 and a further 15 days which will accrue over the course of the year.
In the second and subsequent years of the MEA existing teachers will receive 15 days accruing over the course of the year (approximately 3.5 days per term)
Any untaken leave will accumulate indefinitely. / The National Employment Standard (NES) provides 10 days per year of personal/carer’s leave which accumulates indefinitely.
An employee who has accumulated 10 days per year for over 10 years will have more than 100 days of personal leave available under the NES because the NES provides for indefinite accumulation of leave. This means the NES becomes more generous than the previous MEA with its 100 day cap.
As personal leave can no longer be capped it is reasonable to reduce the current leave benefit to 15 days.
A further rationale is employers are no longer permitted to cap the use of leave for the purposes of caring for a family member/s. All current and accumulated leave must be accessible for either personal illness or injury, or carer’s leave.
Special Leave / No provision. / Teachers may use one day per year as special leave which can be used to meet a scheduled family commitment, where the timing of the commitment is beyond the control of the Teacher and where the commitment cannot be re-scheduled outside work time (for example, the graduation of an immediate family member). / The inclusion of this leave was supported by Schools to assist teachers to attend events that cannot be scheduled outside of term time.
Support for teachers undergoing accreditation or registration at Proficient Teacher level / The 2015 MEA requires the school to provide support and assistance to teachers undergoing the process. / In addition to the requirement to provide support, where the school becomes concerned that a teacher undergoing the process will not meet their accreditation or registration deadline, the school will notify the teacher that there are concerns that they are at risk of not achieving accreditation or registration at the commencement of the final term of the teacher’s second year of teaching.
The teacher is required to engage fully in the process with the school. / These provisions are consistent with BOSTES and TQI requirements that the school support teachers undergoing accreditation or registration. Ensures that teachers are provided with enough notice to address any concerns prior to the deadline and provides clarity to the teacher about the expectations of the school in relation to the process.
Notice of compulsory PD and/or meetings / Requirement to inform teachers by the end of Term 3 of compulsory PD and/or meetings in the following year. / In addition, such professional development, should where appropriate, be registered with the Quality Teaching Council of BOSTES or TQI. / To assist teachers to meet BOSTES and TQI maintenance of PD requirements.
Overseas Service / Service in Australia only is recognised. / Teaching service in English speaking overseas is recognised. The countries are, the United States, United Kingdom, Ireland, Canada, New Zealand, and other English speaking countries in which the teacher education qualifications are recognised by AITSL as equivalent to qualifications from an Australian university. / The consensus amongst member schools was that this was the case in practice and therefore it was appropriate to include the provision in the MEA.
Termination Clause / No requirement to ensure that the notice of termination is provided before the effective date of termination. / The Termination Clause now provides that the school must give notice of termination prior to termination to ensure clarity around notice periods, in particular in relation to redundancy processes. / To ensure compliance with the Fair Work Act.
Forfeiture Clause / Provision for schools to withhold monies from teachers if notice was not provided. / There is now a requirement to obtain written consent from the teacher who has not given sufficient notice to withhold monies. However, if consent is not provided, a debt to the school is created which the school may pursue. / To ensure compliance with the Fair Work Act.
ISTAA – Evidence
Required for
Experienced Teacher Accreditation / The ISTAA process for Experienced Teacher is not a provision of the MEA. / To assist teachers who are undergoing the process the ISTAA Council has approved some changes to the evidence requirements that will streamline the process further.
Leadership Position Allowances / Separate Leadership Position Descriptors and Allowances as the ACT and NSW had separate MEAs. / The Leadership Position Descriptors and Allowances have been combined.
Level 1 (ACT) will apply only to the ACT schools and will increase over the life of the MEA until it is equal to the Level 1 (NSW).
Level 2 (ACT) will be grandfathered for existing staff. Teachers in the ACT currently on Level 2 (ACT) will remain on that level and the 2016 salary rate of $11,328.00 until the rate for Level 1 is more generous.
Schools may provide a more generous allowance if they wish. One option is to provide the percentage increases in the MEA 2017 to the grandfathered rate.
Level 4 will not apply to ACT schools.
An explanation of the Leadership Position Allowances is provided at clause 9.2 of the MEA. / To provide consistency between the ACT and NSW by the end of the Agreement.

What happens if your teaching staff do not support the MEA?

It is important to understand that if your staff vote ‘no’ for the MEA they will sit on the current MEA without any future pay increases. It will then be at the discretion of the school to determine whether it will:

a.do nothing, or

b.offer the same agreement again (note, it may need to be a single enterprise agreement if no other schools are offering the same MEA), or

c.offer an alternative single enterprise agreement, or

d.not offer an agreement, but offer discretionary pay increases that are not provided in the current MEA.

Please encourage your teaching staff to vote as the result is determined by those who vote. For example, if five teachers vote and three vote yes, the agreement is considered approved by all relevant staff regardless of whether they voted or not.

Please do not hesitate to contact the Workplace Management Team at AISNSW if you have any questions.

Briefing Paper_ Independent Schools NSW/ACTStandards Model (Teachers) MEA 2017

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