Teachers (Public Sector Primary and Secondary Education) Award 1993

1B. - MINIMUM ADULT AWARD WAGE


(1) No employee aged 21 or more shall be paid less than the minimum adult
    award wage unless otherwise provided by this clause.


(2) The minimum adult award wage for full-time employees aged 21 or more is
    $528.40 per week payable on and from the first pay period on or after 1
    July 2007.


(3) The minimum adult award wage is deemed to include all State Wage order
    adjustments from State Wage Case Decisions.


(4) Unless otherwise provided in this clause adults employed as casuals,
    part-time employees or piece workers or employees who are remunerated
    wholly on the basis of payment by result shall not be paid less than pro
    rata the minimum adult award wage according to the hours worked.


(5) Employees under the age of 21 shall be paid no less than the wage
    determined by applying the percentage prescribed in the junior rates
    provision in this award to the minimum adult award wage.


(6) The minimum adult award wage shall not apply to apprentices, employees
    engaged on traineeships or Jobskill placements or employed under the
    Commonwealth Government Supported Wage System or to other categories of
    employees who by prescription are paid less than the minimum award rate.


(7) Liberty to apply is reserved in relation to any special category of
    employees not included here or otherwise in relation to the application of
    the minimum adult award wage.


(8) Subject to this clause the minimum adult award wage shall -


    (a) Apply to all work in ordinary hours.


    (b) Apply to the calculation of overtime and all other penalty rates,
        superannuation, payments during any period of paid leave and for all
        purposes of this award.


(9) Minimum Adult Award Wage


    The rates of pay in this award include the minimum weekly wage for
    employees aged 21 or more payable under the 2007 State Wage order. Any
    increase arising from the insertion of the minimum wage will be offset
    against any equivalent amount in rates of pay received by employees
    whose wages and conditions of employment are regulated by this award
    which are above the wage rates prescribed in the award. Such above
    award payments include wages payable pursuant to enterprise
    agreements, consent awards or award variations to give effect to
    enterprise agreements and over award arrangements. Absorption which is
    contrary to the terms of an agreement is not required.


    Increases under previous State Wage Case Principles or under the
    current Statement of Principles, excepting those resulting from
    enterprise agreements, are not to be used to offset the minimum wage.


(10) Adult Apprentices


    (a) Notwithstanding the provisions of this clause, an apprentice, 21
        years of age or more, shall not be paid less than $448.65 per week on
        and from the commencement of the first pay period on or after 1 July
        2007 and $466.65 on and from the commencement of the first pay period
        on or after 1 September 2007.


    (b) The rate paid in the paragraph above to an apprentice 21 years of
        age or more is payable on superannuation and during any period of paid
        leave prescribed by this award.


    (c) Where in this award an additional rate is expressed as a
        percentage, fraction or multiple of the ordinary rate of pay, it shall
        be calculated upon the rate prescribed in this award for the actual
        year of apprenticeship.


    (d) Nothing in this clause shall operate to reduce the rate of pay
        fixed by the award for an adult apprentice in force immediately prior
        to 5 June 2003.

7. - CONTRACT OF SERVICE


(1) The employer may direct an employee to carry out such duties as are
    within the limits of the employee's skill, competence and training.


(2) A person may be appointed full time or part time -


    (a) on a temporary basis which may be -


        (i) for a fixed term; or


        (ii) at the discretion of the employer; or


    (b) on a permanent basis which may include a probation period.


(3) A person may be employed on a casual hourly basis.


(4) Where a person is appointed under subclause (2)(b) -


    (a) any probation period shall be determined by the employer; but shall
        not exceed 2 years in the first instance;


    (b) as soon as practicable before the period of probation has expired -


        (i) the appointment shall be confirmed; or


        (ii) the employee shall remain on probation for a further period as
            determined by the employer but such period shall not exceed two
            school terms; or


        (iii) the appointment shall be terminated.


(5) Before a further period of probation per subclause (4)(b)(ii) expires,
    the appointment shall be -


    (a) confirmed; or


    (b) terminated.


(6) Subject to subclauses (7), (8), (9) and (10) of this clause, an
    employee may give notice of resignation of his/her employment in writing
    to the employer not less than 20 working days before the date that the
    resignation takes effect; provided that the employer may accept a notice
    of resignation given in a shorter period in special circumstances.


(7) An employee shall not resign at any time within the period commencing
    on 1 January and ending on the day immediately preceding the first term
    vacation or 31 March in any year, whichever is the earlier, unless -


    (a) the employee commenced the employment within the period commencing
        on 2 January and ending on 30 March; and


    (b) the employee's resignation takes effect only on a date subsequent
        to the anniversary of the date on which the employee began the
        continuous service which is terminated by the resignation.


(8) Where the period of the notice of resignation given by an employee
    pursuant to subclause (6) of this clause -


    (a) includes -


        (i) any day or part of a day in the period commencing on any day in
            the first term and ending on the seventh day of the second term,
            the employer may accept the resignation as being effective from
            the last day of the first term or 31 March of that year, whichever
            is the earlier;


        (ii) any day or part of a day in the period commencing on a day in
            the second term and ending on the seventh day of the third term,
            the employer may at his or her discretion accept the resignation
            as being effective from the last school day immediately preceding
            the second term vacation;


        (iii) any day or part of a day in the period commencing on a day in
            the third term and ending on the seventh day of the fourth term,
            the employer may at his or her discretion accept the resignation
            as being effective from the last school day immediately preceding
            the third term vacation.


    (b) includes any period during the summer vacation, the employer may,
        at his or her option, accept the resignation as being effective as
        from 31 December during that vacation.


(9) Subject to subclause (10), the employment of a temporary employee may
    be terminated at any time upon the giving of one week's notice.


(10) Where a temporary teacher is employed to fill a short term vacancy,
    that person's employment with the employer lapses from the date that the
    employer determines that the vacancy no longer exists.


(11) Where an employee (including a temporary employee) does not give the
    appropriate notice of resignation to the employer that is applicable under
    this clause, the employer may direct that the employee shall not be paid
    in respect of -


    (a) the period of notice; or


    (b) such portion of the period of notice as is determined by the
        employer.


(12) A part time employee working less than 0.4 of the teaching time of a
    full time teacher will not retain permanent status provided that the
    employer may approve a permanent employee working less than 0.4 of the
    teaching time of a full time teacher due to special circumstances.


(13) A part time employee shall accrue entitlement to all leave other than
    sick leave provided for in this award at the same rate as a full time
    teacher but shall be paid on a pro rata basis in the proportion that the
    time worked bears to full time.


    PART I - SALARIES AND ADDITIONAL PAYMENTS

8. - SALARIES


(1) For the purpose of this clause -


    For the purpose of this clause only, the Teachers' Higher Certificate
    gives four-year-trained status to a teacher.


    Internal Relief shall mean the taking of a relief class by a teacher
    employed as part of the normal staffing establishment of a school.


    Relief Teacher shall mean a casual teacher engaged to provide relief
    for a teacher employed as part of the normal staffing establishment of
    a school.


    Unqualified teacher shall mean a teacher who does not hold an approved
    teacher's qualification.


(2) Teachers shall be paid in accordance with the salaries and allowances
    contained in Schedule B - Salaries and Additional Payments of this award.


(3) (a) Teachers who possess an approved qualification shall be placed on
        the salary scale prescribed in Schedule B, Table I of this award as
        follows -


        (i) Three-year-trained teacher - Level 1, Point 4;


        (ii) Four-year-trained teacher - Level 1, Point 5;


        (iii) Five-year-trained teacher - Level 1, Point 6;


            provided that teachers who possess approved qualifications in
            excess of those specified above may be placed on the salary
            scale at the discretion of the employer.


    (b) Teachers who do not possess an approved qualification may be placed
        on salary points lower than those specified in paragraph (a) of this
        subclause at the discretion of the employer.


    (c) On first appointment to the Ministry, other than directly from a
        teacher training institution, teachers may be placed on the
        appropriate salary scale in Level 1 or 2 as determined by the employer
        having regard for their qualifications and experience.


(4) Progression from Level 1 to Level 2 of Schedule B, Table I, will be
    subject to attainment of a four year trained qualification, except that
    the employer may allow a three-year-trained teacher to progress to Level 2
    subject to subclause (10) of this clause.


(5) A teacher who has not had a satisfactory report may not advance further
    than three annual increments from the salary point on appointment.


(6) An unqualified teacher may not proceed beyond Level 1, point 6, of
    Schedule B, Table I, except that the employer may at his/her discretion,
    and under such terms as he/she thinks fit, allow an unqualified teacher to
    progress to Level 1, point 8.


(7) Teachers employed on Schedule B, Table I, Level 1 and 2 who have added
    to their qualifications after appointment may be given accelerated
    progression subject to the following restrictions -


    (a) An unqualified teacher appointed from a teacher training
        institution who obtain approved teaching qualifications within a
        period of three years after leaving the teacher training institution
        shall be placed on the same salary point as his/her contemporaries at
        the time of appointment who were appointed with qualifications.


    (b) Unqualified teachers other than those referred to in paragraph (a)
        of this subclause shall advance one increment on gaining approved
        teaching qualifications.


    (c) A two-year-trained teacher who obtains the qualifications of a
        three-year-trained teacher shall advance one increment but shall not
        proceed beyond the maximum of Level 1 except as provided for in
        subclause (10) of this clause.


    (d) A three-year trained teacher who obtains the qualifications of a
        four-year-trained teacher shall advance one increment.


    (e) A four-year-trained teacher who completes a course of higher study,
        approved by the employer, leading to an award such as Doctoral Degree,
        Master's Degree or approved Graduate Diploma, shall advance one
        increment but shall not proceed beyond the maximum of Level 2,
        Schedule B, Table I (provided that only one increment can be obtained
        under this subclause).


(8) Positions shall be placed in Schedule B, Table I according to the
    classification determined for the school they are in pursuant to the
    Education Act Regulations 1960.


(9) (a) Key Teachers as designated:


        (i) Key teachers will be appointed in areas of need for a period of
            not less than three years; provided that appointments for a period
            less than three years may be approved by the employer in
            exceptional circumstances.


        (ii) Key teachers will not be eligible to apply for promotion until
            the third year of their appointment.


        (iii) Key teachers may clear any long service leave entitlements at
            any time during their period of appointment.


        (iv) Key teachers will not be entitled to leave without pay during
            the first year of their appointment.


    (b) Senior Teachers:


        (i) The selection process in schools for senior teachers may
            commence in schools to enable recommendation for appointment from
            the start of second semester 1992.


        (ii) Senior teacher status for individual teachers will be
            co-ordinated and approved centrally.


        (iii) Where approved, appointments will apply from the first pay
            period commencing on or after the date of the school selection
            panel's recommendation that a particular teacher be granted senior
            teacher status.


        (iv) Applicants must be at Level 2 of the salary scale, Schedule B,
            Table I, and must have completed a minimum period of full time
            equivalent service at the time of application in accordance with
            the following schedule:


            +--------------------+----------------------

            |Year                 |Minimum Full time      |

            |                     |Equivalent Service     |

            +--------------------+----------------------

            |                     |                       |

            +--------------------+----------------------

            |1992                 |15 years               |

            +--------------------+----------------------

            |1993                 |14 years               |

            +--------------------+----------------------

            |1994                 |13 years               |

            +--------------------+----------------------

            |1995                 |12 years               |

            +--------------------+----------------------

            |1996                 |11 years               |

            +--------------------+----------------------

            |1997                 |10 years               |

            +--------------------+----------------------

            |1998 and thereafter  |9 years                |

            +--------------------+----------------------

            

        (v) Full time equivalent service, for the purposes of this
            subclause, includes all full and part time employment recognised
            by the employer, but does not include employment as a relief
            teacher.


        (vi) Senior teachers will be appointed for a term of not less than
            three years.


(10) Access of Three-Year-Trained Teachers to Level 2 Salaries.


    (a) On and from 1 February, 1992, until 11 July 1998, any teacher with
        three-year-trained status (including a two-year-trained teacher with
        ten years' service) who has completed at least fifteen years full time
        equivalent service, may apply to proceed to Level 2.


        Full time equivalent service, for the purposes of this subclause,
        includes all full and part time employment recognised by the
        employer, but does not include employment as a relief teacher.


    (b) Teachers seeking access to Level 2 salaries subsequent to 11 July
        1998 must have completed the qualifications of a four-year-trained
        teacher.


    (c) A teacher with three-year-trained status who proceeds to Level 2,
        Schedule B, Table I after completing at least fifteen years full time
        equivalent service shall progress through the increments in Level 2 by
        biennial increments, but may not proceed beyond Level 2, point 2,
        except as provided in paragraph (d) of this subclause.


    (d) A teacher with three-year-trained status who successfully completes
        a three year term of appointment as a Senior Teacher, and who is
        re-appointed for a second three year term, shall progress by biennial
        increment to Level 2, point 3 and attain four-year-trained status for
        salary purposes only.


(11) The pay rates and conditions set out in this clause were last varied
    with effect on and from 16 July 1992.


(12) Transition provisions applying as at 24 December 1991 for the
    placement of teachers into the new salary structure shall be as follows:


    (a) Unless specifically detailed elsewhere in this clause, employees
        will convert to the equivalent or closest salary higher at the
        commencement of the new salary structure.


    (b) Subject to paragraph (d) of subclause (10) of this clause, Heads of
        Department (previously Senior Teachers) who at the date of
        introduction of the new structure have over eight years experience
        will convert to the third salary point of Level 3 of Table I of
        Schedule B of this award.


    (c) Subject to paragraph (d) of subclause (10) of this clause, Heads of
        Department (previously Senior Teachers) with less than eight years
        experience will convert to the first salary point of Level 3 of Table
        I of Schedule B of this award and retain their former incremental date.


    (d) Heads of Department (previously Senior Teachers) paid on the other
        salary rate as at 30 June 1990 will convert to the first salary point
        of Level 3 of Table I of Schedule B of this award.


    (e) Where a teacher is in receipt of a salary that equates to a salary
        under the new structure, the teacher shall remain on that salary and
        retain his/her current incremental date.


    (f) Where a teacher receives a salary increase in converting to the new
        salary structure that employee shall receive a new incremental date
        being the date of introduction of the new salary structure.


    (g) Appointments, promotions and transfers for the 1991 school year
        will be on existing conditions.


    (h) Where a new classification has been created (eg Primary Principal
        of a school with greater than 700 students) the new positions will be
        advertised in 1991 for 1992. Only substantive Class IA Primary
        Principals as at the date of introduction of the new structure will be
        eligible to apply for these new positions.


        (i) Principals currently in primary schools with more than 700
            students will receive higher duties allowance until such time as
            the new classified position is filled substantively.


    (j) This principle of filling the newly created classifications will
        apply to the following positions also -


        1 Principal of District High School greater than 450 students


        1 Principal of Education Support School greater than 40 to 80
        students


    (k) A teacher appointed as a Senior Assistant as at 30 June 1990 will
        transfer as a Deputy Principal if the school is entitled to a new
        Deputy Principal.


        Where a Senior Assistant chooses not to transfer to a school
        entitled to a deputy principal Level 3 position, that employee
        shall be entitled to convert to Level 3, point 1 of Table I of
        Schedule B of this award and shall retain that salary point as a
        personal classification.


    (l) No teacher will be financially disadvantaged by the introduction of
        the new structure.


    (m) Guidance staff employed as at 30 June 1990 will have the option of
        electing to transfer to the new School Psychology Service or remaining
        on the existing Guidance Officer salaries and conditions.


        A Guidance Officer who elects to remain on existing salaries and
        conditions will remain on Table IV - Guidance Officers of Schedule
        B of this award.


    (n) (i) Positions of Senior School Psychologist and Principal School
            Psychologist will be advertised and filled under the new School
            Psychology Service.


        (ii) Positions of District and Senior Guidance Officer will cease
            to exist.


    (o) District Guidance Officers and Senior Guidance Officers will be
        placed on salary maintenance if they elect to remain on Guidance
        Officer conditions.


    (p) Once the new School Psychology Service structure has been put in
        place and the number of officers who elect to change over has been
        determined, some promotional positions of Guidance Officer Grade I and
        II will be advertised under existing conditions. Some promotional
        positions of Guidance Officer I and II will be provided until 1997.
        Details of the number are to be negotiated between the Ministry and
        Union.


(13) A permanent part time employee shall be paid in accordance with this
    clause calculated on a pro rata basis in the proportion that the teaching
    time worked bears to that of a full time employee unless otherwise
    specified.


(14) (a) Education Officer (District) Level 2 and Level 3 limited tenure
        (appealable) positions shall be classified as promotional positions.


    (b) An Education Officer (District) Level 2 and Level 3 wishing to
        transfer at the end of a limited tenure (appealable) appointment to
        another Level 4 or Level 5 position covered by this Award shall be
        eligible to transfer to the level with the closest salary provided
        that he/she meets the criteria established for the position sought.


    (c) An Education Officer (District) Level 2 and Level 3 who reverts to
        a previous position at the end of a limited tenure (appealable)
        appointment shall revert to no less than Teacher Level 2.3 (Advanced
        Skills Teacher status).

13. - ALLOWANCES PAYABLE ON APPOINTMENT, PROMOTION OR TRANSFER


(1) For the purposes of this clause:


    Dependent Relative shall mean a relative or person who is solely
    dependent on the employee for support.


    Dependent Spouse shall mean an employee's spouse who is not in full
    time employment and for whom the employee is the main source of
    support.


    Locality in relation to an employee means:


    (a) The Metropolitan Schools District


    (b) Outside the Metropolitan Schools District, that area within a
        radius of fifty kilometres from an employees' headquarters;


        Residence includes any accommodation of a kind commonly known as a
        flat or home unit that is, or is intended to be, a separate
        tenement.


        Spouse includes a person who is not married to the employee but who
        is living with the employee on a permanent domestic basis as a
        de-facto wife or husband.


(2) An employee who is required to travel to take up a position in another
    locality shall be reimbursed reasonable accommodation and meal expenses
    for the employee, spouse and dependants during the course of travelling
    from one locality to another in accordance with the rates prescribed in
    Column A, Items (4), (5), (6), (9) or (10) of Schedule D of this award as
    the case may require, provided that:


    (a) Where the locality of the new position is situated at a radius of
        50 kilometres or less from the locality where the employee was
        previously stationed, or usually resident in the case of an initial
        appointment, reimbursement of the abovementioned expenses, if any,
        shall be at the discretion of the employer.


    (b) Where a spouse referred to in this clause is also an employee who
        was appointed, transferred or promoted to the same locality as the
        employee, such spouse may not claim for reimbursement of expenses
        incurred on behalf of the spouse and dependants and claimed by the
        employee.


(3) An employee who takes up a position in another locality where
    Government or private residential accommodation is unavailable and hotel
    or motel accommodation is utilised, shall be paid an allowance in
    accordance with the rates prescribed in Column A, Items (4), (5) or (6) in
    Schedule D of this award as the case may require up to a maximum period of
    fourteen days after arrival at the new locality.


(4) When Government residential accommodation is unavailable in a locality
    and an employee is unable to obtain suitable alternative accommodation
    within the period of fourteen days mentioned in subclause (2) of this
    clause, the employer shall determine an appropriate rate of reimbursement
    for accommodation, meal expenses and incidental expenses, having regard
    for the cost of hotel or motel accommodation and normal reasonable living
    expenses for the employee and the employee's spouse and dependants.


(5) An employee who takes up a position in a locality where Government
    residential accommodation is available shall not be entitled to
    reimbursement under subclauses (3) and (4) of this clause except where
    entry or re-entry into such Government residential accommodation is
    delayed through circumstances beyond the employee's control. Such employee
    shall, subject to the production of receipts, be reimbursed actual
    reasonable accommodation and meal expenses for the employee, spouse and
    dependants less a deduction for normal living expenses prescribed in Items
    15 and 16 of Schedule D of this award.


(6) Where an employee's Government residential accommodation is not
    available at the date of appointment, transfer or promotion, the employer
    shall reimburse the employee for any cost of storage and insurance of the
    employee's furniture made reasonably necessary because of such delay.


(7) Payment of the allowances under this clause shall not apply to
    employees transferred at their own expense in accordance with the
    provisions of Section 7C of the Education Act or to an employee who seeks
    a transfer after a period of service of less than two years in a
    particular locality, unless payment of an allowance is approved by the
    employer.


(8) Where it can be shown by the employee that the allowances payable under
    subclauses (2), (3) and (4) of this clause are insufficient to meet the
    actual costs incurred by the employee, a higher rate of reimbursement
    appropriate to the circumstances as determined by the employer shall apply.


(9) Claims under this clause must be submitted to the employer within 12
    months of the date the costs or expenses are incurred by the employee.


(10) Any dispute arising out of the rate of reimbursement fixed pursuant to
    subclause (8) of this clause may be referred to the Tribunal.

18. - LOCALITY ALLOWANCE


(1) Definitions


    For the purpose of this clause -


    Dependent in relation to an employee shall mean either:


    (a) a spouse who is usually resident within the State and is not in
        receipt of an income exceeding $96.48 per week or $5033.00 per annum.


        or, where there is no spouse:


    (b) a student child under the age of 18 years, or any relative who is
        usually resident with the State and is not in receipt of income
        exceeding $96.48 per week or $5033.00 per annum.


        Family shall mean the spouse of an employee and their children.


        Locality shall mean a locality specified in Schedule C to the Award.


        Spouse includes a person who is not married to the employee but is
        living with the employee on a permanent domestic basis as a
        de-facto wife or husband.


(2) Employees employed in localities contained within Schedule C to this
    award shall be paid the Locality Allowance at half the applicable rate
    specified in that Schedule, excepting that an employee who makes
    application on the prescribed form that he or she is supporting a
    dependant shall be entitled to receive the full rate.


(3) Where both spouses are employees, the total of the allowances payable
    to them shall not exceed the allowance at the full rate for the locality
    in which they are employed.


(4) When an employee is on long service leave or other approved leave with
    pay (other than school vacations) that employee shall only be paid the
    locality allowance for the period (if any) of the said leave his or her
    family or other dependants remains or remain resident in the locality to
    which the allowance relates.


(5) If an employee leaves the locality in which he or she is employed on
    duty and remains away for a continuous period of two weeks thereafter and
    until that employee returns he or she shall not be entitled to the
    Locality Allowance which ordinarily would have been payable unless the
    employer otherwise determines.


(6) An employee who is employed for a complete school year in a school in a
    locality in respect of which a Locality Allowance is payable shall be paid
    the appropriate allowance for the full year in which so employed.


(7) An employee regularly employed on less than a full time basis in a
    Locality Allowance area and who is entitled to an allowance in accordance
    with the provisions of this clause shall be paid that proportion of the
    appropriate allowance which his or her regular hours of work bears to the
    hours of work of a full time employee.


(8) The rates expressed in Schedule C - Locality Allowance of this Award
    shall be adjusted every twelve (12) months, effective from the first pay
    period on or after the first day of July in each year, in accordance with
    the official Consumer Price Index (CPI) for Perth, as published for the
    preceding twelve (12) months at the end of the March quarter by the
    Australian Bureau of Statistics.


(9) The income used as a dependency test shall be adjusted on the first day
    of July each year in accordance with variations to the taxable limit for
    earnings for the dependent spouse rebate for the preceding year.


(10) Liberty is reserved to the union to apply to amend this award for the
    purpose of establishing a locality allowance for an employee taking up an
    appointment in a new location not mentioned in the schedule.

19. - MOTOR VEHICLE ALLOWANCE


(1) For the purposes of this clause:


    A year shall mean 12 months commencing on the first day of July and
    ending on the thirtieth day of June next following.


    Metropolitan area shall mean that area within a radius of 50 kilometres
    from the Perth Railway Station.


    Qualifying service shall include all service in positions where there
    is a requirement as a term of employment to supply and maintain a
    motor vehicle for use on official business but shall exclude all
    absences which effect the entitlements prescribed in Clause 23. -
    Summer Vacation Travel Concessions, of this award.


    Rest of the State shall mean that area south of 23.50 south latitude,
    excluding the metropolitan area and the South West land division.


    Southwest land division shall mean the southwest land division as
    defined by section 28 of the Land Act, 1933-1972 excluding the area
    contained within metropolitan area.


    Term of employment shall mean a requirement made known to the employee
    at the time of applying for the position by way of publication in the
    advertisement for the position, written advice to the officer
    contained in the offer for the position or oral communication at
    interview by the interviewing officer and such requirement is accepted
    by the employee either in writing or orally.


(2) (a) An employee who is required to supply and maintain a motor vehicle
        for use when travelling on official business as a term of employment shall
        be reimbursed the appropriate rate of hire prescribed in Part 1 of
        Schedule E of this award provided that such travelling is authorised by an
        officer approved by the employer. For the purposes of this clause, school
        business shall include: measuring bus routes, travelling between dispersed
        schools for the purpose of teaching when not part of the usual duties of
        the employee, transporting sick school children, collecting official mail
        and stock, school banking, school sports meetings, school camps, field
        trips, site visits and in-service training courses.


    (b) An employee who is reimbursed under the provisions of paragraph (a)
        of subclause (2) of this clause will also be subject to the following
        conditions:


        (i) for the purposes of paragraph (a) of subclause (2) of this
            clause an employee shall be reimbursed with the appropriate rates
            set out in Part 1 of Schedule E of this award for the distance
            travelled from the employee's residence to the place of duty and
            for the return distance travelled from place of duty to residence
            except on a day where the employee travels direct from residence
            to headquarters and return and is not required to use the vehicle
            on official business during the day;


        (ii) where an employee in the course of a journey travels through
            two or more separate areas, reimbursement shall be made at the
            appropriate rate applicable to each of the areas traversed as set
            out in Part 1 of Schedule E of this award.


        (iii) where an employee does not travel in excess of 4000
            kilometres in a year an allowance calculated by multiplying the
            appropriate rate per kilometre by the difference between the
            actual distance travelled and 4000 kilometres shall be paid to the
            employee provided that where the employee has less than 12 months
            qualifying service in the year then the 4000 kilometre distance
            will be reduced on a pro rata basis and the allowance calculated
            accordingly;


        (iv) where a part time employee is eligible for a payment of an
            allowance under paragraph (b)(iii) of subclause (2) of this clause
            such allowance shall be calculated on the proportion of total
            hours worked in that year by the employee to the annual standard
            hours had the employee been employed on a full time basis for the
            year;


        (v) An employee who is required to supply and maintain a motor
            vehicle for use on official business is excused from this
            obligation in the event of his/her vehicle being stolen, consumed
            by fire, or suffering a major and unforeseen mechanical breakdown
            or accident, in which case all entitlement to reimbursement ceases
            while the employee is unable to provide the motor vehicle or a
            replacement;


        (vi) the employer may elect to waive the requirement that an
            employee supply and maintain a motor vehicle for use on official
            business, but three month's written notice of the intention so to
            do shall be given to the employee concerned.


(3) (a) Subject to subclause (2) of this clause, an employee who is not
        normally required to supply and maintain a motor vehicle as a term of
        employment and who is required to relieve an employee required to supply
        and maintain a motor vehicle as a term of employment shall be reimbursed
        all expenses incurred in accordance with the appropriate rates set out in
        Part 1 of Schedule E of this award for all journeys travelled on official
        business and approved by the employer where the employee is required to
        use the vehicle on official business whilst carrying out the relief duty.


    (b) For the purposes of paragraph (a) of this subclause an employee
        shall be reimbursed all expenses incurred in accordance with the
        appropriate rates set out in Part 1 of Schedule E of this award for
        the distance travelled from the officer's residence to place of duty
        and the return distance travelled from the place of duty to residence
        except on a day where the employee travels direct from residence to
        headquarters and return and is not required to use the vehicle on
        official business during the day.


    (c) Where an employee in the course of a journey travels through two or
        more separate areas, reimbursement shall be made at the appropriate
        rate applicable to each of the areas traversed as set out in Part 1 of
        Schedule E of this award.


    (d) For the purpose of this subclause the allowance prescribed in
        subparagraphs (iii), (iv) and (vi) of paragraph (b) of subclause (2)
        of this clause shall not apply.


(4) (a) An employee who is not required to supply and maintain a motor
        vehicle for use when travelling on official business as a term of
        employment, but when requested by the employer voluntarily consents to use
        the vehicle shall for journeys travelled on official business approved by
        the employer be reimbursed all expenses incurred in accordance with the
        appropriate rates set out in Parts 2 and 3 of Schedule E of this award.


    (b) For the purpose of paragraph (a) of this subclause an employee
        shall not be entitled to reimbursement for any expenses incurred in
        respect to the distance between the employee's residence and
        headquarters and the return distance from headquarters to residence.


    (c) Where an employee in the course of a journey travels through two or
        more separate areas, reimbursement shall be made at the appropriate
        rate applicable to each of the areas traversed as set out in Part 2 of
        Schedule E of this award if applicable.


(5) (a) In cases where employees are required to tow departmental caravans
        on official business, the additional rate shall be three cents per
        kilometre.


    (b) When departmental trailers are towed on official business the
        additional rate shall be two cents per kilometre.


(6) An employee who is required to accompany school groups attending
    educational and sporting functions when public transport is used, shall be
    reimbursed the cost of the fare incurred.


(7) Employees shall be reimbursed all expenditure outlaid while using a
    Government vehicle on approved Ministry business.

20. - PROPERTY ALLOWANCE


(1) For the purposes of this clause:


    Prescribed expenses shall mean:


    (a) Legal fees in accordance with the Solicitor's Remuneration Order
        1976 mutatis mutandis, duly paid to a solicitor or in lieu thereof
        fees charged by a settlement agent for professional costs incurred in
        respect of the sale or purchase, the maximum fee to be claimed shall
        be as set out under Item (8) of the above order.


    (b) Disbursements duly paid to a solicitor or a settlement agent
        necessarily incurred in respect of the sale or purchase of the
        residence.


    (c) Real estate agent's commission in accordance with that fixed by the
        Real Estate and Business Agents' Supervisory Board, acting under
        Section 61 of the Real Estate and Business Agents' Act, 1978, duly
        paid to an agent for services rendered in the course of and incidental
        to the sale of the property, the maximum fee to be claimed shall be
        fifty per cent as set out under Items (1) or (2) - Sales by Private
        Treaty or Items (1) or (2) - Sales by Auction of the Maximum
        Remuneration Notice.


    (d) Stamp Duty


    (e) Fees paid to the Registrar of Titles or to the officer performing
        duties of a like nature and for the same purpose in another State of
        the Commonwealth.


    (f) Expenses relating to the execution or discharge of a first mortgage.


    (g) The amount of expenses reasonably incurred by the employee in
        advertising the residence for sale.


(2) Subject to the exclusions expressed in this clause, when an employee is
    transferred or promoted from one locality to another, the employee shall
    be entitled to be paid a property allowance for reimbursement of
    prescribed expenses, as defined in subclause (1), of this clause incurred:-


    (a) in the sale of a residence in the employee's former locality which,
        at the date on which the employee received notice of transfer to the
        new locality:


        (i) the employee owned and occupied; or


        (ii) the employee was purchasing under a contract of sale and
            occupying; or


        (iii) the employee was constructing for personal occupation on a
            permanent basis on completion of construction; and


    (b) in the purchase of a residence or land for the purpose of erecting
        a residence thereon for personal occupation on a permanent basis in
        the new locality.


(3) An employee transferred at his or her own expense in accordance with
    the provisions of Section 7C of the Education Act and an employee who
    applies for and is granted a transfer after periods of service of less
    than two years in a particular locality shall not be entitled to be paid a
    property allowance under this clause unless such payment is expressly
    approved by the Chief Executive Officer.


(4) An employee is not entitled to the payment of a property allowance in
    respect of a sale or purchase within the terms of subclause (2) of this
    clause which is effected more than twelve months after the date on which
    the employee took up duty in the new locality or after the date on which
    the employee received notification of transfer back to the former
    locality, provided that the employer may in exceptional circumstances
    grant an extension of time for such period as is deemed reasonable.


(5) An employee is not entitled to be paid a property allowance under
    paragraph (b) of subclause (2) of this clause unless that employee is
    entitled to be paid a property allowance under paragraph (a) of subclause
    (2) of this clause unless the employee can show that it is necessary to
    purchase a residence or land for the purpose of erecting a residence
    thereon in the new locality because of the transfer or promotion of the
    employee.


(6) For the purposes of this clause, it is immaterial that the relevant
    transaction is made or entered into:


    (a) in the case of a married employee solely, jointly or as a tenant in
        common with -


        (i) the employee's spouse; or


        (ii) a dependent relative; or


        (iii) the employee's spouse and a dependent relative.


    (b) in the case of any other employee solely or jointly or as a tenant
        in common with a dependent relative living with the employee.


(7) Where an employee sells or purchases a residence jointly or as a tenant
    in common with another person or other persons, not being a person
    referred to in the immediately preceding subclause, such employee shall be
    reimbursed only the proportion of the prescribed expenses for which the
    employee is responsible.


(8) An application by an employee for a property allowance shall be
    accompanied by satisfactory evidence of the payment by the employee of the
    prescribed expenses.


(9) Any dispute arising as to the entitlement of an employee under this
    clause may be referred to the Tribunal.

21. - RELIEVING ALLOWANCE


(1) An employee who is required to take up duty away from the employee's
    usual locality to relieve another employee or to perform special duty, and
    necessarily resides temporarily away from the usual place of residence
    shall be reimbursed reasonable expenses on the following basis:


    (a) Where the employee is -


        (i) supplied with accommodation and meals free of charge; or


        (ii) accommodated at a Government institution, hostel or similar
            establishment and supplied with meals;


            reimbursement shall be in accordance with the rates prescribed
            in Column A, Items (1), (2), or (3) as the case may require,
            of Schedule D of this award.


    (b) Where the employee is fully responsible for accommodation, meals
        and incidental expenses and hotel or motel accommodation is utilised:-


        (i) For the first 42 days after arrival at the new locality
            reimbursement shall be in accordance with the rates prescribed in
            Column A, Items (4) to (8) of Schedule D of this award.


        (ii) For periods in excess of 42 days after arrival in the new
            locality reimbursement shall be in accordance with the rates
            prescribed in Column B, Items (4) to (8) of Schedule D of this
            award for employees with dependants or Column C, Items (4) to (8)
            of Schedule D of this award for employees without dependants:
            provided that the period of reimbursement under this subclause
            shall not exceed forty-nine days without the approval of the
            employer.


    (c) Where the employee is fully responsible for accommodation, meals
        and incidental expenses and other than hotel or motel accommodation is
        utilised, reimbursement shall be in accordance with the rates
        prescribed in Column A, Items (9), (10) or (11) of Schedule D of this
        award.


    (d) If an employee whose normal duties do not involve camp
        accommodation is required to relieve or perform special duty resulting
        in a stay at a camp, the employee shall be paid camp allowance in
        accordance with the appropriate rates prescribed in Clause 14. -
        Camping Allowance of this award and Schedule F of this award for the
        duration of the period spent in camp, and in addition, shall be paid a
        lump sum of $105.00 to cover incidental personal expenses: provided
        that an employee shall receive no more than one lump sum $105.00 in
        any one period of three years.


(2) Reimbursement of expenses shall not be suspended should an employee
    become ill whilst on relief duty, provided leave for the period of such
    illness is approved in accordance with the existing sick leave provisions
    applicable to employees and the employee continues to incur accommodation,
    meal and incidental expenses.


(3) When an employee, who is required to relieve or perform special duties
    in accordance with subclause (1) of this clause, is authorised by the
    employer to travel to the new locality in the employee's own motor vehicle
    such officer shall be reimbursed for the return journey as follows:


    (a) An employee who is required to supply and maintain a motor vehicle
        as a term of employment for the period of relieving or special duties
        shall be reimbursed the appropriate rate prescribed by Clause 19. -
        Motor Vehicle Allowance of this Award for the distance necessarily
        travelled.


    (b) Where the employee will not be required to maintain a motor vehicle
        for the performance of the relieving or special duties reimbursement
        shall be on the basis of one half of the appropriate rate prescribed
        by Clause 19. - Motor Vehicle Allowance of this award, provided that
        the maximum amount of reimbursement shall not exceed the cost of the
        fare by public conveyance which otherwise would be utilised for such
        return journey.


(4) Where it can be shown by the production of receipts or other evidence
    that an allowance payable under this clause would be insufficient to meet
    reasonable additional costs incurred, an appropriate rate of reimbursement
    shall be determined by the employer.


(5) The provisions of Clause 24. - Travelling Allowance of this Award shall
    not operate concurrently with the provisions of this clause to permit an
    employee to be paid allowances in respect of both travelling and relieving
    expenses for the same period: Provided that where an employee is required
    to travel on official business which involves an overnight stay away from
    the employee's temporary headquarters the employer may extend the periods
    specified in paragraph (b) of subclause (1) of this clause by the time
    spent in travelling.


(6) An employee who is directed to relieve another employee or to perform
    special duty away from the employee's usual head quarters and is not
    required to reside temporarily away from the employee's usual place of
    residence shall, if the employee is not in receipt of a higher duties or
    special allowance for such work, be reimbursed the amount of additional
    fares paid in travelling by public transport to and from the place of
    temporary duty.

22. - REMOVAL ALLOWANCE


(1) An employee who is relocated in the ordinary course of appointment,
    promotion or transfer or on account of illness due to causes over which
    the employee has no control shall be reimbursed:


    (a) the actual reasonable cost of conveyance of the employee, the
        employee's spouse and dependants;


    (b) the actual reasonable cost of the packing and the conveyance of the
        employee's furniture, effects and appliances including insurance of
        such property whilst in transit;


    (c) an allowance of $477.00 for accelerated depreciation and extra wear
        and tear on furniture, appliances and effects.


        Payment of this allowance to employees shall be made on every
        appointment, promotion or transfer, provided that the employer is
        satisfied that the value of household furniture, effects and
        appliances moved by the employee is at least $2854.


        Where in the circumstances it is reasonable to do so, the
        furniture, effects and appliances of the employee may be
        transported on two separate dates not more than six months apart.


(2) An employee located outside the Metropolitan Schools District who
    resigns after serving not less than two years in the locality shall be
    entitled to reimbursement of costs incurred in moving to the Metropolitan
    Schools District as provided in paragraphs (a) and (b) of subclause (1) of
    this clause and to the allowance for accelerated depreciation prescribed
    in paragraph (c) of subclause (1). Where an employee has served for one
    year in the locality and the employee's resignation takes effect at the
    end of the school year, such employee shall be entitled to reimbursement
    of costs in moving to the Metropolitan Schools District as prescribed in
    paragraphs (a) and (b) of subclause (1). Otherwise an employee who resigns
    shall not be entitled to any benefits under this clause unless the
    employer so determines.


(3) An employee shall be reimbursed the full freight charges necessarily
    incurred in respect of the removal of the employee's vehicle. If
    authorized by the employer to travel to the new locality in the employee's
    own motor vehicle, the employee shall, for all purposes, be deemed to be
    in the course of his or her employment and shall be reimbursed for the
    distance necessarily travelled outside the Metropolitan Schools District
    at the following rates:


    (a) Within District 1 at the rate of 0.5 of the appropriate rate of
        hire prescribed by Clause 19. - Motor Vehicle Allowance, of this award.


    (b) Within District 2 at the rate of 0.625 of the appropriate rate of
        hire so prescribed.


    (c) Within Districts 3 - 6 inclusive at the appropriate rate of hire so
        prescribed.


(4) The rates prescribed in subclause (3) of this clause shall be paid
    subject to the following conditions:


    (a) the journey is by the shortest practical route.


    (b) the reimbursement does not exceed the cost of the air fare for the
        employee, spouse and dependants.


    (c) the reimbursement does not exceed the cost of the employee's air
        fare when the employee's family travels by other means.


(5) The maximum reimbursement for the cost of the packaging and the
    conveyance of furniture, appliances and effects including insurance whilst
    in transit shall be as determined by the employer. Only necessary
    household furniture, appliances and effects shall be taken into
    consideration.


(6) Receipts must be produced for all sums paid.


(7) The employer may, in lieu of cost of conveyance, authorise payment of
    an amount to compensate for loss in any case where an employee with prior
    approval disposes of the employee's furniture, appliances and effects
    instead of removing them to the employee's new headquarters, provided that
    such payment shall not exceed the sum which would have been paid if such
    furniture, appliances and effects had been removed by the cheapest form of
    transport available.


(8) Where an employee is transferred or promoted and the accommodation
    provided is furnished, and as a consequence, it is reasonably necessary
    for the employee to store all or part of the furniture owned by the
    employee, the actual cost of such storage and insurance as approved and
    authorised by the employer be reimbursed.


(9) Where an employee of single status is transferred or appointed to a
    locality and such status is subsequently changed, the employee shall be
    reimbursed for reasonable freight charges for any reasonable additional
    furniture movement required by the employee.


(10) All employees appointed, promoted or transferred to localities north
    of 30 degrees latitude shall have included in the air ticket both to and
    from the locality.


    (a) an allowance for 25 kilograms excess baggage. An excess baggage
        allowance of 16 kilograms is to be provided for children under 3 years
        of age who are not fare paying passengers.


    (b) in addition, employees appointed, promoted or transferred to
        isolated schools specified in Schedule I of this award shall be
        granted an additional 5 kilograms excess baggage allowance.


(11) Where a spouse referred to in this clause is also an employee who is
    appointed, promoted or transferred to the same locality as the employee, a
    spouse may not claim allowances for reimbursement of expenses incurred on
    behalf of the spouse and dependants and claimed for by the employee.


(12) Payment of the allowances under this clause shall not apply to
    employees transferred at their own expense in accordance with the
    provisions of Section 7C of the Education Act, or to employees who seek
    transfers after periods of service of less than two years in a particular
    locality unless payment of an allowance is approved by the employer.


(13) Claims under this clause must be made within twelve months of the
    appointment, promotion or transfer.

24. - TRAVELLING ALLOWANCE


(1) An employee who travels on official business shall be reimbursed
    reasonable expenses in accordance with the provisions contained in this
    clause provided that such travelling is authorised by an officer approved
    by the employer.


(2) When a trip necessitates an overnight stay away from headquarters and
    the employee:


    (a) is supplied with accommodation and meals free of charge; or


    (b) attends a course, conference, etc., where the fee paid includes
        accommodation and meals; or


    (c) travels by rail and is provided with a sleeping berth and meals; or


    (d) is accommodated at a Government institution, hostel or similar
        establishment and supplied with meals, reimbursement shall be in
        accordance with the rates prescribed in Column A, Items (1), (2), or
        (3) of Schedule D of this award.


(3) When a trip necessitates an overnight stay away from the employee's
    headquarters and the employee is fully responsible for the provision of
    accommodation, meals and incidental expenses:


    (a) where hotel or motel accommodation is utilised reimbursement shall
        be in accordance with the rates prescribed in Column A, Items (4) to
        (8) of Schedule D of this award.


    (b) where other than hotel or motel accommodation is utilised
        reimbursement shall be in accordance with rates prescribed in Column
        A, Items (9), (10) or (11) of Schedule D of this award.


(4) When a trip necessitates an overnight stay away from headquarters and
    accommodation only is provided at no charge to the employee, reimbursement
    shall be made in accordance with the rates prescribed in Column A, Items
    (1), (2), or (3) and Items (12), (13), or (14) of Schedule D of this award
    subject to the employees' certification that each meal claimed was
    actually purchased.


(5) To calculate reimbursement under subclauses (2) and (3) of this clause
    for a part of a day, the following formula shall apply -


    (a) if departure from headquarters is:


        before 8.00am - 100 percent of the daily rate.


        8.00am or later but prior to 1.00pm - 90 percent of the daily rate.


        1.00pm or later but prior to 6.00pm - 75 percent of the daily rate.


        6.00pm or later but prior to 11.00pm - 50 percent of the daily rate.


        11.00pm or later - 50 percent of the daily rate.


    (b) If arrival back at headquarters is:


        8.00am or later but prior to 1.00pm - 10 percent of the daily rate.


        1.00pm or later but prior to 6.00pm - 25 percent of the daily rate.


        6.00pm or later but prior to 11.00pm - 50 percent of the daily rate.


        11.00pm or later - 100 percent of the daily rate.


(6) When an employee travels to a place outside a radius of 50 kilometres
    measured from the employee's headquarters, and the trip does not involve
    an overnight stay away from headquarters, reimbursement for all meals
    claimed shall be at the rates set out in Column A, Items 12 or 13 of
    Schedule D of this award subject to the employee's certification that each
    meal claimed was actually purchased. Provided that when an officer departs
    from headquarters before 8.00am and does not arrive back at headquarters
    until after 11.00pm on the same day reimbursement shall be at the
    appropriate rate prescribed in Column A, Items 4 to 8 of Schedule D of
    this award.


(7) When it can be shown to the satisfaction of the employer by the
    production of receipts that reimbursement in accordance with Schedule D of
    this award does not cover an employee's reasonable expenses for a whole
    trip the employee shall be reimbursed the excess expenditure.


(8) In addition to the rates contained in Schedule D of this award an
    employee shall be reimbursed reasonable incidental expenses such as train,
    bus and taxi fares, official telephone calls, laundry and dry cleaning
    expenses, on production of receipts.


(9) If, on account of lack of suitable transport facilities an employee
    necessarily engages reasonable accommodation for the night prior to
    commencing travelling on early morning transport, the employee shall be
    reimbursed the actual cost of such accommodation.


(10) Reimbursement of expenses shall not be suspended should an employee
    become ill whilst travelling, provided leave for the period of such
    illness is approved and the employee continues to incur accommodation,
    meal and incidental expenses.


(11) Reimbursement claims for travelling in excess of 14 days in one month
    shall not be passed for payment by a certifying officer unless the
    employer has endorsed the account.


(12) An employee who is relieving at or temporarily transferred to any
    place within a radius of 50 kilometres measured from headquarters shall
    not be reimbursed the cost of midday meals purchased, but an employee
    travelling on duty within that area which requires absence from
    headquarters over the usual midday meal period shall be paid the rate
    prescribed by Item (17), of Schedule D of this award for each meal
    necessarily purchased, provided that:


    (a) such travelling is not a normal feature in the performance of the
        employee's duties; and


    (b) such travelling is not within the suburb in which the employee
        resides; and


    (c) total reimbursement under this subclause for any day period shall
        not exceed the amount prescribed by Item (18) of Schedule D of this
        award.

25. - COUNTRY INCENTIVES ALLOWANCE


(1) For the purpose of this clause:


    District 1' shall mean that area of the State within a line commencing
    on the coast; thence east along latitude 28 to a point north of
    Tallering Peak; thence southeast to Mt. Gibson and Burracoppin; thence
    to a point southeast at the junction of latitude 32 and longitude 119
    to the coast.


    District 2' shall mean that area of the State within a line commencing
    on the south coast at longitude 119 thence east along the coast to
    longitude 123; thence north along longitude 123 to a point on latitude
    30; thence west along latitude 30 to the boundary of No. 1 District.


    District 3' shall mean that area of the State within a line commencing
    on the coast at latitude 26; thence along latitude 26 to longitude
    123; thence south along longitude 123 to the boundary of No. 2
    District.


    District 4' shall mean that area of the State within a line commencing
    on the coast at latitude 24; thence east to the South Australian
    Border; thence south to the coast; thence along the coast to longitude
    123; thence north to the intersection of latitude 26; thence west
    along latitude 26 to the coast;


    District 5' shall mean that area of the State situated between the
    latitude 24 and a line running east from Carnot Bay to the Northern
    Territory.


    District 6' shall mean that area of the State north of a line running
    east from Carnot Bay to the Northern Territory Border.


(2) Employees appointed, promoted or transferred by the employer to schools
    in Districts 2, 3, 4, 5 or 6 shall be paid an allowance for each continous
    year of service completed at the school beyond the minimum compulsory
    service period applicable to the appointment.


(3) This allowance shall be a percentage of the relevant Locality Allowance
    and be paid at the end of each additional year served for a maximum of
    four years, with payment being calculated on the following basis:


    +---------------------+----------------------

    |  Year Served Beyond  |     Percentage of     |

    |Minimum Service Period|  Applicable Locality  |

    |                      |       Allowance       |

    +---------------------+----------------------

    |                      |                       |

    +---------------------+----------------------

    |          1           |         42.5%         |

    +---------------------+----------------------

    |          2           |         47.5%         |

    +---------------------+----------------------

    |          3           |         52.5%         |

    +---------------------+----------------------

    |          4           |         57.5%         |

    +---------------------+----------------------

    

(4) The allowance shall be paid on a pro rata basis for actual additional
    service completed to employees who are transferred at the employer's
    convenience part way through a school year.


(5) The allowance shall be paid on a pro rata basis for employees who are
    employed on a part time basis.


(6) (a) If an employee applies for and gains transfer to another school,
        whether in the same town or district or not, the qualifying period of
        service will for payment of this allowance recommence from the time of
        commencement of duty at the new school.


    (b) Where the employer initiated a transfer within a town or district,
        service at the previous school will be regarded as being continuous
        with service at the new school and shall be taken into account for the
        purpose of calculating an entitlement to the allowance under this
        clause.


        PART III - LEAVE PROVISIONS

27. - VACATIONS


(1) Subject to this award, employees other than provided for in Clause 26.
    - Annual Leave of this award, and in subclauses (2) to (9) of this clause,
    shall be entitled to payment of salaries and allowances during school
    vacations.


(2) A temporary employee who -


    (a) does not work a full school year; and


    (b) is employed for a continuous period of four weeks or more,


        shall be entitled to payment for the same proportion of an
        employee's annual vacations as the period worked bears to a full
        school year's work.


(3) For the purposes of subclause (4) the vacation periods shall not be
    included as service, but shall not constitute a break in an employee's
    continuity of service.


(4) Subject to Clause 32. - Leave Without Pay and without affecting
    subclause (5) -


    (a) a permanent employee on probation who does not work a full school
        year;


    (b) a permanent employee granted leave without pay for a period not
        exceeding the full school year;


        shall be entitled to payment for the same proportion of an
        employee's annual vacations as the period worked bears to a full
        school year's work.


(5) Where an employee does not work a full school year because a period of
    maternity leave commences or expires, or both commences and expires,
    during that year she is entitled to payment for the same proportion of a
    school vacation in that year as the period worked during that year bears
    to a full school year.


(6) Notwithstanding subclause (5) of this clause, an employee who has
    received payment for any vacation in a year is not required to repay any
    part of that payment if, on account of maternity leave subsequently taken
    in that year, the payment exceeds the amount of which she is entitled
    under that subclause.


(7) Where an employee will be on maternity leave on the first day of a
    school term, she is not entitled to payment for any part of the
    immediately preceding school vacation except to the extent that an
    entitlement arises from work performed before the commencement of that
    vacation.


(8) An employee shall be paid at the commencement of maternity leave any
    sum to which she is entitled under this clause for any vacation which
    falls during the period for which maternity leave has been approved.


(9) In this clause maternity leave means maternity leave pursuant to Clause
    31. - Maternity Leave of this award.


(10) Unless otherwise authorised by the employer, a person employed as:


    (a) A School Psychologist;


    (b) A School Psychologist (Provisional); or


    (c) A School Development Officer;


        shall be required to be on duty for four weeks per year when
        teachers are on vacation, and this duty will be undertaken during
        the following school vacation periods -


        * two weeks before teachers commence the school year;


        * one week at the end of Term 2; and


        * one week at the end of Term 3.


(11) Unless otherwise authorised by the employer, a person employed as a
    teacher at the Distance Education Centre shall be required to be on duty
    for four weeks per year when teachers are on vacation, and for the
    purposes of this clause this duty will be undertaken during the following
    school vacation periods -


    * one week before teachers commence the school year; and


    * three weeks during school term vacations; or


    * by arrangement with the Principal.

28. - LONG SERVICE LEAVE


(1) Subject to this clause, a permanent employee shall be entitled to long
    service leave of thirteen weeks on completion of -


    (a) ten years' continuous service; and


    (b) any subsequent period of seven years' continuous service following.


(2) A temporary employee shall be entitled to long service leave of
    thirteen weeks on completion -


    (a) of ten years' continuous service within eleven calendar years;


    (b) any subsequent period of seven years continuous service within
        eight calendar years.


(3) For the purposes of this clause the term continuous service shall be
    construed in accordance with subclause (4) of this clause.


(4) An interruption in the service of an employee shall not count as
    service and shall break his/her continuity of service provided that -


    (a) any period of sick leave with pay; or


    (b) any continuous period of approved sick leave without pay that does
        not exceed 13 weeks; or


    (c) any continuous period of approved leave (other than sick leave)
        without pay that does not exceed two weeks; or


    (d) any continuous period of absence on workers' compensation that does
        not exceed 26 weeks; or


    (e) any period of approved leave without pay for the purpose of
        undertaking studies as referred to in Clause 32. - Leave Without Pay
        of this award;


        shall count as service and shall not be construed as a break of
        service; and -


    (f) any period of long service leave and any period of school vacation
        within that period; or


    (g) any period during a vacation for which the employee is not entitled
        to payment; or


    (h) any portion of a continuous absence on approved sick leave without
        pay that exceeds thirteen weeks; or


        (i) any portion of continuous absence on approved leave without pay
            that exceeds two weeks; or


    (j) any portion of a continuous absence on workers' compensation, that
        exceeds 26 weeks; or


    (k) any default period as defined; or


    (l) in the case of a temporary employee, any period not exceeding
        thirteen weeks during which the employee's services are not required,


        shall not count as service but shall not be construed as a break of
        service.


(5) For the purposes of this clause, default period shall mean -


    (a) the period commencing from the third anniversary -


        (i) of the date on which an employee becomes entitled to take long
            service leave for thirteen weeks; or


        (ii) if a postponement election by an employee has been approved
            under subclause (12) of this clause, the date on which the
            employee becomes entitled to take long service leave for one
            semester and ending on the date on which that entitlement has been
            completely taken.


    (b) where as at 1 January 1990, an employee had an entitlement to 26
        weeks long service leave, the period commencing four years from the
        date on which that entitlement arose, and ending on the date on which
        that entitlement has been completely taken.


(6) Where an employee takes long service leave over more than one term, any
    period of school vacation that occurs between the terms shall be regarded
    as long service leave.


(7) (a) The employer, on application by an employee, may approve the
        conversion of the employee's ordinary long service leave entitlement to
        extended long service leave.


    (b) For the purpose of this subclause, extended long service leave
        means approved long service leave for a period longer than the period
        of ordinary long service leave specified in paragraphs (a) or (b) of
        subclause (1) of this clause; provided that the long service leave
        taken is not greater than twice the long service leave the employee
        would have been entitled to take plus any school vacation occurring in
        the period.


    (c) Extended long service leave shall be taken at a salary that is
        reduced in proportion to the longer period.


(8) An employee who during the period of continuous service was employed on
    -


    (a) a part time basis is entitled to be paid the rate applying to that
        part time work during long service;


    (b) a full time basis and a part time basis is entitled to be paid
        during long service leave in proportion to the full time service and
        the part time service served during that period of continuous service.


(9) Subject to subclause (12) of this clause, any entitlement to long
    service leave arising from part time service may be converted to long
    service leave for a shorter period provided that the salary applying shall
    be adjusted proportionately to reflect this.


(10) (a) An application for long service leave shall be made by completing
        a long service leave application form authorised by the employer.


    (b) An application for long service leave shall be made to the employer
        -


        (i) in the year preceding the year in which long service leave is
            proposed to be taken;


        (ii) not later than the date specified by the employer by notice
            published in the Education Circular; and


        (iii) not later than two years after the date on which an
            entitlement to thirteen weeks' long service leave has accrued.


(11) The employer may, on application by an employee made within two years
    of the date on which the employee becomes entitled to long service leave
    for thirteen weeks, approve of the employee postponing the taking of that
    entitlement (a postponement election) until the employee becomes entitled
    to take long service leave over one semester.


(12) (a) Long service leave shall be taken over a complete term or a
        complete semester or complete school year commencing in the year specified
        by the application from such date as is approved by the employer and any
        portion of a long service leave entitlement that is not exhausted by
        virtue of the operation of this subclause shall be credited to the
        employee; (the credit being a carry-over entitlement).


    (b) Notwithstanding paragraph (a) of this subclause, the employer may,
        in special circumstances, direct that the provisions of that subclause
        do not apply.


(13) (a) An employee who has a carry-over entitlement (or carry-over
        entitlements) may take the long service leave entitlement pursuant to
        paragraph (b) of subclause (1) on a pro-rata basis before the expiry of
        seven years if the period of any carry-over entitlement (or carry-over
        entitlements) of the employee, when added to the period of pro-rata long
        service leave, equals one complete term.


    (b) The employer may, in special circumstances, permit an employee to
        take a carry-over entitlement before the employee's long service leave
        entitlement and the pro-rata long service leave equals one complete
        term.


(14) The rate of salary payable to an employee during his/her long service
    leave shall not be affected by any school vacation, other than a summer
    vacation, that occurs during that leave.


(15) A lump sum payment for the money equivalent of any long service leave
    entitlement of an employee under the provisions of this clause and/or any
    proportional long service leave credit of an employee under the provisions
    of this clause shall be due -


    (a) as of the date of retirement, to an employee who is retired because
        of age or incapacity, provided that at least twelve months continuous
        service has been completed prior to the date of retirement;


    (b) as of the date of retirement, to an employee who retires at or over
        the age of 55 years provided that at least three years of continuous
        service has been completed prior to the date of retirement;


    (c) as of the date of his or her death in respect of a teacher who dies
        provided that the teacher has completed not less than 12 months of
        continuous service prior to the date of his or her death.


(16) A lump sum payment for the money equivalent of any long service leave
    entitlement of an employee under the provisions of this clause shall be
    made as soon as practicable after the date of the employees resignation or
    dismissal, to an employee who -


    (a) resigns; or


    (b) is dismissed.


(17) The long service leave credit of an employee for each period of
    continuous service less than that required to entitle the employee to long
    service leave shall be that proportion of thirteen weeks as the period
    bears to the total period of service required.


(18) For the purposes of subclauses (15), (16) and (17) of this clause any
    long service leave entitlement of an employee shall include any carry-over
    entitlement but shall not include any pro-rata long service leave.


(19) Except as provided in subclauses (15) to (18) inclusive, an employee
    shall not be entitled to a lump sum payment in respect of any period of
    continuous service prescribed in paragraphs (a) or (b) of subclause (1)
    but shall be entitled to a lump sum payment in relation to any carry-over
    entitlement that remains to be taken.


(20) Where immediately prior to 1 January 1990, an employee has completed a
    period of continuous service exceeding ten years but not exceeding fifteen
    years but not taken long service leave in respect of that service, the
    employee may in lieu of any entitlement he or she would otherwise have in
    respect of that service under subclause (1) of this clause as in force
    after the commencement day elect -


    (a) to complete the fifteen years of continuous service and upon
        completion be entitled to 26 weeks long service leave; or


    (b) to be credited as at 1 January 1990 with long service leave in
        accordance with the following formula -


        +--------+--------

        |A = 91  |( B x 91)|

        |         |         |

        |         |C        |

        +--------+--------

        

        A representing the number of days long service leave credited;


        B representing the number of days continuous service in excess of
        ten years;


        C representing the number of days of continuous service in the 5
        year period between the employee's 10th and 15th year of
        continuous service.


(21) For the purposes of paragraph (b) of subclause (1) of this clause as
    in force after 1 January 1990 through regulation pursuant to the Education
    Act 1928, a seven year period referred to in that subclause, commences -


    (a) where an election is made under paragraph (a) of subclause (20),
        after the day on which fifteen years of continuous service is
        completed; and


    (b) where an election is made under paragraph (b) of subclause (20), on
        1 January 1990.


(22) Where as at 1 January 1990, an employee had an entitlement to 26 weeks
    of long service leave, the employee shall commence that leave not later
    than four years from the date on which that entitlement arose.


(23) Portability of long service leave credits (State and Commonwealth
    Employment).


    (a) For the purposes of this subclause -


        Commonwealth employee shall mean a person who is appointed as a
        teacher and whose appointment is continuous with employment with a
        Commonwealth instrumentality.


        Commonwealth instrumentality shall mean -


        (i) any department of the Australian public service;


        (ii) any body constituted under an Act of the Parliament of the
            Commonwealth; or


        (iii) any body subject to the administration of a Minister of the
            Crown in the right of the Commonwealth;


            as the Minister for Education declares by notice in the
            Government Gazette to be a Commonwealth instrumentality for
            the purposes of this subclause.


            period of accrued long service leave shall mean a period of
            long service -


        (i) to which an employee in a State instrumentality is entitled as
            of the date the employee ceases to be employed by that
            instrumentality; and


        (ii) for which the employee has received no benefit in lieu of such
            entitlement.


            State employee shall mean a person who is employed as a teacher
            and whose employment is continuous with employment in a State
            instrumentality.


            State instrumentality shall mean any body which is, or is
            capable of being declared to be, a department for the purposes
            of the Superannuation and Family Benefits Act 1938.


    (b) (i) A Commonwealth or State employee shall be credited (hereinafter
            'long service leave credit') with any service of that employee with a
            Commonwealth or State instrumentality calculated in accordance with
            (ii) hereof for the purposes of this clause.


        (ii) The formula for calculating any long service leave credit
            shall be -


            +-----------+-+-----

            |A =         |x |B     |

            |----------- |  |      |

            |            |  |D     |

            |            |  |      |

            |            |  |C     |

            +-----------+-+-----

            

            with A representing the long service leave credit, in days;


            B representing the period, in days, of continuous service with
            the instrumentality which ended on the date the employee left
            the service of the instrumentality; and which under the long
            service leave conditions of the instrumentality was -


            (aa) countable as service towards entitlement to a period of
                long service leave; and


            (bb) less than the period of service required to entitle an
                employee to a period of long service leave; and


                which in respect of which the employee has not taken long
                service leave or received from this instrumentality any
                benefit in lieu of long service leave;


                C representing the period, in days, of continuous service
                with the instrumentality which, under the long service
                leave conditions of that instrumentality, would have
                entitled the employee to a period of long service leave
                had that person remained in the employ of the
                instrumentality; and


                D representing the period, in days, of long service leave
                to which the employee would have been entitled under the
                long service leave conditions of the instrumentality had
                that person completed the period of continuous service
                with the instrumentality represented by B.


    (c) (i) A Commonwealth or State employee shall be credited (hereinafter
            'long service leave credit') with any service of that employee with a
            Commonwealth or State instrumentality calculated in accordance with
            (ii) hereof for the purposes of this clause.


        (ii) For the purposes of sub-paragraph (i) above the prescribed
            formula is in respect of an entitlement to a period of long
            service leave of 13 weeks, the formula -


            E = (91 -A) x 40;


            where E represents the period of service, in days, a
            Commonwealth or State employee must complete, from the date of
            that person's appointment as a teacher, in order to be
            entitled to long service leave; and


            A represents, in days, the employee's long service leave credit.


    (d) Where a State employee is entitled to a period of accrued long
        service leave, that person shall be deemed to be entitled, as of the
        date of that person's appointment as a teacher, to that period of long
        service leave as long service leave under this award.


    (e) (i) For the purposes of this clause, the employment of a person
            with a Commonwealth or State instrumentality shall be deemed to be
            continuous with that person's service as a teacher if the period
            commencing with the date that person ceases employment with the
            instrumentality and ending with the date of that person's appointment
            as a teacher does not exceed 4 weeks, or such longer period as the
            employer, in special circumstances, determines.


        (ii) A Commonwealth employee shall not proceed on long service
            leave until he or she has completed a period of over 3 years of
            continuous service as a teacher.


(24) A permanent part time employee shall accrue an entitlement to long
    service leave at the same rate as a full time teacher but shall be paid on
    a pro rata basis in the proportion that the time worked bears to full time.

30. - SICK LEAVE


(1) Subject to this clause the employer may grant an employee leave on full
    pay, leave on half pay or leave without pay because of illness or
    disability.


(2) (a) An application for sick leave shall be made by an employee not
        later than the day on which he/she resumes duty following an absence
        because of sickness.


    (b) In the event of sick leave being required for an extended period of
        ten working days or more, a sick leave application will be required by
        the end of the first ten days and monthly thereafter for as long as
        the absence continues.


(3) Subject to paragraph (b) hereof, the employer


    (a) shall not grant sick leave unless the application therefor is
        supported by the certificate of a legally qualified medical
        practitioner approved of by the employer stating -


        (i) the nature of the employee's illness or disability; and


        (ii) the period during which the employee is unfit for duty.


    (b) If the employer is satisfied that it is not possible for an
        employee to obtain such a certificate the employer in lieu may require
        the applicant to produce a certificate from a person specified by the
        employer.


(4) The employer may grant an employee non-cumulative sick leave with pay
    without the production of a medical certificate for absence not exceeding
    a total of three days in any year;


    providing that no such leave will be granted for any day immediately
    preceding or immediately following a school vacation or the Easter
    holiday period; or immediately preceding leave granted to attend
    examinations.


(5) A permanent employee is entitled to a cumulative credit towards sick
    leave on full pay and half pay (referred to in this clause as a sick leave
    credit) as follows -


    +-------------------------------------------+---------+---------

    |                                            |  Credit  |  Credit  |

    |                                            | towards  | towards  |

    |                                            | leave on | leave on |

    |                                            | full pay |half pay. |

    +-------------------------------------------+---------+---------

    |                                            |          |          |

    +-------------------------------------------+---------+---------

    |On permanent appointment                    |    5     |    2     |

    +-------------------------------------------+---------+---------

    |                                            |          |          |

    +-------------------------------------------+---------+---------

    |On completion of 6 months' continuous       |    5     |    3     |

    |service from permanent appointment          |          |          |

    +-------------------------------------------+---------+---------

    |                                            |          |          |

    +-------------------------------------------+---------+---------

    |On completion of 12 months' continuous      |    10    |    5     |

    |service from permanent appointment          |          |          |

    +-------------------------------------------+---------+---------

    |                                            |          |          |

    +-------------------------------------------+---------+---------

    |On completion of each additional 12 months' |    10    |    5     |

    |continuous service                          |          |          |

    +-------------------------------------------+---------+---------

    

(6) In respect of service on and after 1 January 1992, a temporary employee
    is entitled to a cumulative credit in working days towards sick leave as
    follows:


    +----------------------------------------+---------+---------

    |                                         |  Credit  |  Credit  |

    |                                         | towards  | towards  |

    |                                         | leave on | leave on |

    |                                         | full pay |half pay. |

    +----------------------------------------+---------+---------

    |                                         |          |          |

    +----------------------------------------+---------+---------

    |On temporary appointment                 |    3     |    1     |

    +----------------------------------------+---------+---------

    |                                         |          |          |

    +----------------------------------------+---------+---------

    |On completion of 3 months' continuous    |    2     |    1     |

    |service from temporary appointment       |          |          |

    +----------------------------------------+---------+---------

    |                                         |          |          |

    +----------------------------------------+---------+---------

    |On completion of 6 months' continuous    |    5     |    3     |

    |service from temporary appointment       |          |          |

    +----------------------------------------+---------+---------

    |                                         |          |          |

    +----------------------------------------+---------+---------

    |On completion of 12 months' continuous   |    10    |    5     |

    |service from temporary appointment       |          |          |

    +----------------------------------------+---------+---------

    |                                         |          |          |

    +----------------------------------------+---------+---------

    |On completion of each additional 12      |    10    |    5     |

    |months' continuous service               |          |          |

    +----------------------------------------+---------+---------

    

(7) The employer shall not grant an employee sick leave with pay unless the
    employee has an appropriate sick leave credit.


(8) Sick leave with pay taken by an employee shall be deducted from his/her
    sick leave credit at the rate of one day for each working day including
    public holidays that the employee is on such leave.


(9) Where an employee's sick leave credit on full pay is exhausted, the
    employer may, on application by the employee, allow any credit towards
    sick leave on half pay to be converted to sick leave on full pay provided
    that the conversion is at the rate of two half pay days for one full pay
    day and the credit towards sick leave on half pay shall be reduced
    accordingly.


(10) When an employee's credit towards sick leave with pay becomes
    exhausted, the employer may grant a credit towards sick leave on full pay
    of one day for each day that the employee is entitled to long service
    leave and the entitlement to long service leave shall be reduced
    accordingly.


(11) For the purposes of this clause service includes -


    (a) any period of leave except -


        (i) leave granted without pay in excess of ten working days; and


        (ii) any continuous period of sick leave without pay in excess of
            three months.


    (b) service before 1 January 1975 as a monitor or as a student with
        allowances in a teachers college.


(12) An employee is not entitled to sick leave with pay in respect of an
    illness or disability -


    (a) caused by that employee's misconduct; or


    (b) caused by circumstances within that employee's control.


(13) Unless otherwise provided for in this clause no previous contract of
    employment between a teacher and the employer will have any bearing on the
    entitlement to sick leave.


(14) Where an employee -


    (a) resigns from the permanent staff;


    (b) is appointed a temporary employee; and


    (c) the temporary appointment is, exclusive of school vacations,
        continuous with that person's service as a permanent employee,


        that person shall be credited with any sick leave to which he/she
        was entitled on the date of resignation.


(15) Where an employee who retires on medical grounds is subsequently
    re-employed as a teacher, that teacher shall be credited with any sick
    leave credit to which he/she was entitled as of the date of retirement.


(16) Where a temporary employee is appointed to the permanent staff and the
    permanent appointment is continuous with that person's service as a
    temporary employee, he/she shall retain any sick leave credit to which
    that person was entitled as a temporary employee immediately before
    his/her appointment as a permanent employee.


(17) Where a temporary employee ce