Allocation of duties in high schools: period loads, extras, in-lieus, sport, Meadowbanks and hours of duty

Allocation of duties in high schools: period loads, extras, in-lieus, sport, Meadowbanks and hours of duty August 3, 2011 All of the matters listed above are referred to in Clause 16 of the 2009 Schools Award. It is also essential to refer to Clause 2 of the Award which provides definitions of some terms. The working conditions of teachers in regard to all of these matters have not changed since 1990. Clause 16 Allocation of Duties in High Schools 16.1 School teachers (other than teachers in training), head teachers and deputy principals in high schools may be required to teach the following periods (or their time equivalent): Classification Teacher Periods per week Periods Per Week as Determined by the Principal for sport (refer to sub-clause 16.6) Teachers in High Schools 28 Up to 3 Head Teachers in High Schools 22 Up to 3 Deputy Principals in High Schools 14 Up to 3 16.2 A principal may require a teacher (other than a teacher in training), head teacher or deputy principal in high schools to relieve an absent colleague by working the following alternate periods as defined in clause 2.3: Classification Additional Alternate Periods Per Term Teachers in High Schools Up to 6 Head Teachers in High Schools Up to 5 Deputy Principals in High Schools Up to 3 16.3Provided that such alternate periods shall be allocated: 16.3.1with due regard to the non teaching duties required to be performed by the school teacher, head teacher or deputy principal; and 16.3.2 as far as possible to a school teacher, head teacher or deputy principal in the same faculty as that of the absent teacher. 16.4. Nothing in sub-clauses 16.1 to 16.3 shall preclude a school teacher from working school generated or other alternate periods on a voluntary basis where the exigencies of the work and the welfare of the students so require. 16.5. School teachers may, at the discretion of the principal, be required to take in lieu of classes as defined in sub-clause 2.30. 16.6. In lieu of requiring a school teacher to supervise sporting activity in accordance with sub-clause 16.1 of this clause, a principal of a school, with the agreement of the teacher or teachers concerned, may make provision for that teacher or teachers to undertake two periods of alternate face to face teaching duties during weekdays or to undertake sports supervision on weekends. 16.7. A principal may require all school teachers with Year 12 classes to take, from the time Year 12 students leave to sit for their Higher School Certificate examinations in Term 4 of each year, up to 50 percent of their timetable load of Year 12 classes as Year 12 relieving periods. So far as possible, periods shall be allocated to a teacher in the same faculty as that of the absent teacher. From the Award. Our emphases throughout. Clause 16 Clause 16 of the Award is no different in content to what existed in the previous Awards since 1990, and the Enterprise Agreements in 1993 and 1994. The only difference is the numbering of the clause, and the layout. Absent colleague means a colleague absent on some form of leave. Discretion according to the Macquarie Dictionary means power or right of deciding or of acting according to one s own judgement, freedom or choice. Due (as in due regard ) according

to the Macquarie Dictionary means rightful, proper, fitting, adequate, sufficient. Regard (as in due regard ) according to the Macquarie Dictionary means to have or show respect, or concern, or to take into account. Faculty means subject area, not Key Learning Area. May means discretionary. Period means in a high or central school, a 40 minute teaching period. Weekly face-to-face period loads for teachers means they may be required to teach 28 x 40 minute periods (or 1120 minutes). Head teachers may be required to teach 22 periods which means 22 x 40 minute periods per week (or 880 minutes). Deputy principals may be required to teach 14 periods which means 14 x 40 minute periods per week (or 560 minutes) or an appropriate equivalent thereof. Up to means from zero to the number of 40 minute periods, eg: up to three periods sport, up to six alternate periods. Timetabled teaching loads and roll call There is no requirement for a school to have a stand alone roll call period. Where roll call is part of an integrated reading period or a pastoral care period, it counts as teaching time. Sub clause 16.1 of the Award states that in high schools a teacher s timetabled teaching load should not exceed 28 x 40 minute periods (or 1120 minutes per week) plus sport. A head teacher s timetabled load should not exceed 22 x 40 minute periods or 880 minutes per week, plus sport. A deputy principal s timetabled teaching load should not exceed 14 x 40 minute periods or 560 minutes per week, plus sport. Where a teacher, head teacher or deputy principal has a stand alone roll call period which includes student reading or pastoral care time, the aggregate of the number of minutes of timetabled teaching periods plus roll call cannot exceed 1120, 880 or 560 minutes per week for these teachers respectively. Cyclical timetables, averaging of hours and integrated sport The Award does not provide for cyclic timetables, averaging of hours or integrated sport. These arrangements must be dealt with under the provisions of Clause 18 Alternative Work Organisation. In regard to integrated sport, see also Federation s advice regarding teaching in-lieu of sport supervision below. Extras and alternate periods Alternate periods are referred to in sub-clauses 16.2 to 16.4. The situation concerning the issuing of alternative periods ( extras ) has not been changed by the 2009 Award and remains as originally determined in 1988. Note that the Industrial Commission decided that the term Alternate Period was a replacement term for Extra. Sub-clause 2.3 of the Award defines Alternate Period as: 2.3 Alternate Period means a period taught by a school teacher being a period other than a period in which the school teacher is normally timetabled to teach and where the need for the period to be taught arises from the absence from duty of another school teacher. Federation advice re extras (alternate periods) The following guidelines are in accordance with a Full Bench of the Industrial Relations Commission decision, including the words used in the judgement (see panel). They have been in force since then. The judgement of November 29, 1988 has not been overturned or replaced. 1. Extras can only be issued to cover the classes of teachers absent from duty. 2. The principal has discretion in terms of the Award. That is, the Principal has the discretion to not issue extras or to issue them. 2 We accept the submission of the Teachers Federation that the effect of this regulation is to vest in principals of schools a discretion as to whether extras should be worked or not worked. It does not extend to justify a sweeping ministerial fiat requiring extras to be worked regardless of any discretion vested in the principals of schools. Full Bench decision, Industrial Relations Commission, November 29, 1988 3. There should be consultation between the principal and the teacher concerned in order to ensure that the extra can be performed without significant disruption to the teacher s normal program. 4. Sufficient notice should be given to allow adequate preparation for the extra period. Just what is meant by sufficient notice may be difficult to define but commonsense would suggest that an extra on the same day as notification would pre-suppose time being available for such preparation. 5. The extra period should so far as possible be allocated to a teacher in the same faculty as that of the absent colleague. An extra period allocated outside a teacher s normal subject area would require additional preparation time and therefore longer notice would be required. Safety considerations which prohibit the teaching of practical lessons by teachers unqualified in the subject are to be observed. 6. When receiving an extra period the teacher is to receive, in writing, details of the non face-to-face teaching duties (that would otherwise have been performed by the teacher during the extra period) of which the teacher is to be relived. The judgement states the organisation of ancillary duties is largely within the discretion of the teacher. 7. The general rule operating should be that the extra should be with adequate notice and must always involve the shedding of non face-to-face teaching duties.

We accept also the obvious point made by the Federation that it is one thing for an English teacher to take an extra upon adequate notice to cover for an absent English teacher and it is quite another proposition for that English teacher, at short notice and without preparation, to be required to take a mathematics class, a subject with respect to which the teacher is unqualified. Full Bench decision We propose to make an award permitting principals to call on teachers to work for up to six extras. We do not include in lieu classes or school generated extras. It is our hope and expectation that the working of these extras by staff teachers will contribute to the tone of the schools, greatly contribute to the wellbeing of the students by reducing the extent of which minimum supervision needs to be applied and will lift school morale and satisfy parental demands for more stability in the teaching of their children. We have not made this decision based on any understanding that teachers have spare time during a The Judgment of the Industrial Commission school day which can profitably be used by the taking of extras. Given this motivation, we expect the allocation of such extras to be made by principals exercising wisdom and understanding. We would like to think that this could be effected (for the most part anyway) after consultation with teachers. So far as possible, the working of extras should be confined to the providing of relief by a teacher in the same faculty as that of his absent colleague. Furthermore, sufficient notice should be given, wherever possible, to allow adequate preparation of the extra period. Because we do not consider extras to be additional to work already being performed by teachers, but rather to be the substitution of a face-to face teaching period for ancillary duties, we consider that where a teacher is required to perform an extra the teacher should be relived of ancillary duties to enable this to be done. We freely acknowledge the difficulty in principals implementing such a policy given the fact that the organisation of ancillary duties is largely within the discretion of the teacher, but we think every effort should be made to this end. November 29, 1988 Commencement of the HSC program Study of the preliminary course will commence on the first day of year 11. Study of the Higher School Certificate may commence on satisfactory completion of the preliminary course, normally in term 4 of year 11. No Higher School Certificate work is to commence in year 10. Meadowbank extras (year 12 relieving periods) Sub-clause 16.7 refers to the allocation of year 12 relieving periods, or Meadowbanks. In addition, sub-clause 2.56 of the Award defines a year 12 relieving period: 2.56 Year 12 Relieving Period Year 12 Relieving Period means a relieving period required to be undertaken by a school teacher when that school teacher has been relieved of their timetabled Year 12 face-to-face teaching duties after Year 12 students leave school to sit for the Higher School Certificate Examination in Term 4 of each year. Federation advice regarding Meadowbanks The Federation maintains that Meadowbank extras should fall in the period(s) that the teacher has lost. The Deputy Director-General Operations of the Department of Education and Training on March 5, 1999 indicated that: Individual schools should determine programs and learning opportunities to assist in the best Higher School Certificate preparation for all students (from day 1, term 4) until the commencement of the Higher School Certificate. This could include a defined study vacation period as determined by the school. During this period schools should ensure students who choose to attend school will have teacher assistance. It is important that all students are made aware of the arrangements for this period of time. Therefore Meadowbank extras should not be issued during Stuvac. Federation s advice is that members should negotiate with their principal 3 the best implementation of the award on Meadowbank extras. Clearly the principal has discretion. This discretion could extend, for example, from a circumstance where no Meadowbank extras are issued in Stuvac to no Meadowbank extras being issued until after the last year 12 examination has been held in the subjects taught by the teacher or to no Meadowbank extras at all being issued. One final point needs to be made. The general guidelines that apply to the issuing of extras do no apply to the distribution of Meadowbank extras. LOTE examiners and day marking of HSC written papers The education unions made an award in 1999/2000 which includes a component of the Higher School Certificate written papers being marked during the day. It is an important facet of the award that paid relief is provided to relieve teachers who are marking HSC written papers in the day and who are involved in LOTE examining. No extras are generated.

in-lieu of duties 2.30 In Lieu of Duties means duties undertaken by a school teacher for a school teacher absent from the classroom on duty elsewhere or performing other duties when that school teacher is relieved of part of their regular face-to-face teaching load through variations in school organisation. From the award. Teachers having been relieved of a normally timetabled class, can be required to take other classes for an absent colleague. The absent teacher has to be on duty elsewhere or performing other duties. The Federation maintains that in-lieu of period(s) should fall in the period(s) that the teacher has lost. If a colleague is absent on some form of leave, for example, sick leave or long service leave, then such a period does not constitute an in-lieu of period but an extra and the general guidelines for the issuing of an extra would have to be applied. In these circumstances, the normal provisions for the employment of casuals would still apply. Sport and teaching in-lieu of sport supervision Sub-clause 16.1 specifies that teachers (other than teachers in training) may be required by the principal to supervise up to three periods of sport. Sub-clause 16.6 allows, under specified conditions, for additional face-to-face teaching in lieu of sport supervision. The operative words with subclause 16.6 are with the agreement of the teacher or teachers concerned. A teacher cannot be made to teach more than twenty eight periods per week. If they are not required for sport supervision, then the normal period loads apply, up to 28 for classroom teachers, up to 22 for head teachers and up to 14 for deputy principals unless the principal negotiates with the teacher to take two periods in-lieu. References The following references relate to the matter of Meadowbanks and secondary work loading. They are included for the historical record. Statement, Industrial Commission in Court Session, President, Cook J. Sheldon J. 28 February 1969, 299 of 1968. Industrial Commission Judgement, Macken J. 3 December 1987, 1060 of 1987, 1130 of 1987 SWC. Judgement, Industrial Commission, Macken J, 21 October 1988, 1196 of 1988 Ministerial Reference Judgement, Macken J. MacMahon DP, Paterson C, 29 November 1988. Judgement Industrial Commission in Court, Session, 29 September 1989, Bauer J, Hill J, Hungerford J, 1382 of 1988. Extract Transcript Industrial Commission in Court Session, 24 August 1990, 566 of 1989, 1241 of 1989, 689 of 1990, 767 of 1990. Industrial Commission in Court Session Judgement, Fisher P, Bauer J, Hungerford J, 8 October 1990, 566 of 1989, 1241 of 1989, 682 of 1990, 767 of 1990, 617 of 1990. Crown Employees Teachers Teaching Service Face to Face Teaching Award, I.G. Volume 259, 19 October 1990. Extract Transcript Industrial Commission in Court Session, 6 November 1990, Bauer J, Hungerford J, 566 of 1989, 767 of 1990, 1106 of 1990, 1167 of 1990. The Education Teaching Service Judgement of the Industrial Commission in Court Session, Fischer P, Bauer J, Hungerford J, 12 September 1991. Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award, I.G. Volume 327, p. 582, September 2001. 4

Are there circumstances in which I Q can be required to work an extra ( alternate ) period? Yes. An alternate period can be issued but must comply with the general A guidelines contained in the judgment of the Industrial Commission of New South Wales. The most critical requirement is that where a teacher is required to perform an extra the teacher should be relieved of ancillary duties to enable this to be done. If, as a result of preparing for and Q teaching an extra period, I am unable to perform some non face-to-face duty (such as supervisory duties, writing up faculty meeting minutes or corrections of class exercises) can I be required to perform these duties at some other time? No. Extras are issued on the understanding that they are in place of some A other work. Do I have to work buddy extras? Q Members should clearly realise that any A voluntary extras worked out between teachers and not issued by the principal would be in addition to the up to six determined in the Award. If I am called on by the principal to Q take an extra period and I refuse to do so, will action be taken against me? This would depend on the attitude of the A principal, the attitude of the Department of Education and Training and the reason for your refusal. Any refusal should be on the basis of a belief that the Award has been breached. I am given an extra and I am not sure Q that it is within the terms of the Award. What should I do? Since you will have adequate notice, A consult your Federation Representative and, if necessary, your Federation Organiser. Any extra period issued by an authorised Officer and worked will constitute one of the Award extras. Questions often asked by members All of my year 7 classes are away on an Q excursion with another teacher. Can I be given an in-lieu of period for a teacher who is absent on sick leave? No. In-lieu of periods can only be A given for a teacher (or teachers) on duty elsewhere or performing other duties. Covering classes for colleagues absent on sick leave (or any other leave) constitutes an extra. The general guidelines that apply for the issuing of extras would therefore apply in this circumstance. Can I be given an extra for a teacher Q who is attending a Departmental interview? No. As this person is not absent from A duty but is on duty elsewhere, the issuing of such an extra would be in breach of the Award. I teach year 7 English. All of year 7 Q are away on a history excursion. I have been asked to take another class, replacing a teacher who is away with year 7. Am I being asked to take an extra? No. This is an in-lieu of because you A are replacing a teacher absent from the classroom on duty elsewhere and you have been relieved of your usual class because they are away on an excursion. Should the in-lieu of period be scheduled for the time I would usually have Q taught the class which is away? The Federation believes that the answer A is yes. Teachers would normally be expected to have planned activities to complete during any timetabled class free period. It is therefore not unreasonable to suggest that these activities continue uninterrupted and an in-lieu of be issued in the actual period for which the teacher has been relieved. All year 10 students are away at work Q experience. Can I be given a class for a colleague who is supervising the work experience program? Yes. This is an in-lieu of period as A you are covering for a teacher on duty elsewhere. In the same circumstances a class taken for a colleague on sick leave would be an extra. Can I be given an in-lieu of period Q when my year 11 or 12 students are taking an internal exam and I do not have an exam supervision? Yes. But an in-lieu of period can A only be given for a teacher on duty elsewhere or performing other duties. Our school has integrated sport. Q How many periods am I supposed to teach? The Award provides for a maximum A of 28 x 40 minute periods of face-toface teaching plus up to three periods per week for sport. Only with the agreement of the teacher(s) concerned can two periods of face-to-face teaching replace sport supervision. I teach a Higher School Certificate class Q from 8am to 8.50am two mornings each week. Am I entitled to time off in-lieu of these lessons? Yes. Under Clause 15 of the Award, A teachers shall not unreasonably refuse to take year 11 and 12 classes timetabled outside the normal hours of operation of the school. Such teachers are entitled to the equivalent amount of time off during the week, and wherever possible, the time accrued should be taken in lieu at the beginning or the end of a subsequent school day. Can I be given an extra of any type Q for a colleague who is marking HSC written papers in the day or is involved as a LOTE examiner? No. The 2006 markers Award provides A for paid relief for teachers engaged in both of these HSC marking operations. (See Paid Relief in definitions section of the Markers Award). Authorised by Jenny Diamond, General Secretary, NSW Teachers Federation, 23-33 Mary Street, Surry Hills NSW 2010. 11154