TEACHERS (PUBLIC SECTOR PRIMARY AND SECONDARY EDUCATION) AWARD 1993

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Department of Education

APPLICANT

-v-

State School Teachers' Union of Western Australia, Principals' Federation of Western Australia

RESPONDENT

CORAM Commissioner D J Matthews

DATE WEDNESday, 24 June 2020

FILE NO/S APPL 22 OF 2020

CITATION NO. 2020 WAIRC 00350

Result Award varied

Representation

Applicant Ms J Stone as agent (by correspondence)

First Respondent Ms P Byrne as agent (by correspondence)

Second Respondent Mr B Ripp as agent (by correspondence)

Order

HAVING heard Ms J Stone, as agent, on behalf of the applicant, Ms P Byrne, as agent, on behalf of the first named respondent and Mr B Ripp, as agent, on behalf of the second named respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Teachers (Public Sector Primary and Secondary Education) Award 1993 be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after Monday, 29 June 2020.

Commissioner D J Matthews

SCHEDULE

1.  Clause 5 – Definitions: 

1. Delete the existing definition of “Casual Employee” within this clause and insert the following in lieu thereof:

“Casual Employee” means an employee engaged for a minimum of three hours for a period not exceeding four weeks in any period of engagement at a single school, centre or site, as determined by the employer.  The hourly rate is inclusive of 20% loading paid in lieu of leave, other than leave that is expressly stated as applying to a casual employee, and allowances;

2. Delete the existing definition of “Dependant” within this clause and insert the following in lieu thereof:

“Dependant” means:

(a) for the purposes of Clause 53. – Locality Allowance of this Award, in relation to an employee:

(i) a partner who is resident within the State and is not in receipt of an income exceeding the Dependent (Invalid and Carer) Tax Offset (DICTO), as set by the Australian Taxation Office, or its replacement as determined by the Australian Taxation Office, for the purposes of the dependent spouse tax offset; and/or

(ii) a student child under the age of eighteen (18) years who is not in receipt of income exceeding the Dependent (Invalid and Carer) Tax Offset (DICTO), as set by the Australian Taxation Office, or its replacement as determined by the Australian Taxation Office, for the purposes of the dependent spouse tax offset.

(b) for the purpose of the remainder of the Award in relation to an employee:

(i) a partner;

(ii) child/children; and/or

(iii) other dependent family

who reside with the employee and who rely on the employee for support.

2.  Clause 13 – Teachers – Face To Face Teaching: Delete this clause and insert the following in lieu thereof: 

13. – TEACHERS – FACE TO FACE TEACHING

(1) A Teacher shall not be required to teach in excess of the maximum standard number of hours per week of face to face teaching.

(2) A Teacher is required to teach up to a maximum number of hours of face to face teaching as follows:

(a) Secondary – 21 hours and 20 minutes per week

(b) Primary – 22 hours and 10 minutes per week

(c) Pre-Primary – 21 hours and 20 minutes per week

(d) Kindergarten – 21 hours and 20 minutes per week

(3) Effective from the commencement of the 2021 school year, the maximum number of hours of face to face teaching time for primary school teachers will decrease to 21 hours and 20 minutes per week.

(4) All contact/form classes will be considered face to face teaching time for the purpose of calculating teachers’ face to face teaching hours.

3.  Clause 14 – Teachers – Duties Other Than Teaching (DOTT) Time: Delete this clause and insert the following in lieu thereof: 

14. – TEACHERS – DUTIES OTHER THAN TEACHING (DOTT) TIME

(1) In addition to face to face teaching hours, the following periods of time (exclusive of recess and lunchtime) are provided to teachers to perform other than face to face teaching duties within the normal school day or normal operating hours:

(a) Secondary – 320 minutes per week

(b) Primary – 220 minutes per week

(c) Pre-Primary – 320 minutes per week

(d) Kindergarten – 320 minutes per week

(2) Effective from the commencement of the 2021 school year, the period of time for primary school teachers provided for at subclause 1(b) will increase to 270 minutes per week.

(3) It is recognised the purpose of DOTT time is to undertake duties other than face to face teaching as provided in clause 12(1) of this Award.  Principals will ensure that the priority use of DOTT time is for teachers to focus on teaching, learning and assessment.

(4) For multi age classes where there are differences in the DOTT allocation, the minimum DOTT allocation is calculated by proportioning the allocations according to the ratio of students across year levels, in accordance with the following formula:

(5) An example of how to calculate the minimum DOTT allocation for 2020 is provided below:

(6) An example of how to calculate the minimum DOTT allocation for 2021 is provided below:

4.  Clause 31 – Carer’s Leave: Delete this clause and insert the following in lieu thereof: 

31. – CARER’S LEAVE

(1) Carer’s Leave

(a) Employees are entitled to access in any one year up to a maximum of 12.5 days paid leave to provide care or support to a member of the employee’s family or household who requires care or support because of an illness or injury of the member or an unexpected emergency affecting the member, provided the days used are accrued sick leave entitlements.

(b) Carer’s leave is not cumulative from year to year.

(c) In exceptional circumstances employees can apply to the Employer to access additional carer’s leave beyond the maximum of the 12.5 days entitlement at clause 31(1)(a) from their accrued sick leave in accordance with clause 41 – Sick Leave.

(2) Employees must, wherever practical, give the Employer notice of intention to take carer’s leave and the estimated length of absence.  If it is not practicable to give prior notice of absence, employees are to notify the Employer as soon as possible on the first (1st) day of absence.

(3) An employee who claims to be entitled to carer’s leave is to provide the Employer with evidence that would satisfy a reasonable person of the entitlement.

(4) Carers leave may be taken in full days or periods of less than one day.

(5) Where an employee has no accrued sick leave credits, the employee may, subject to the consent of the Employer, access long service leave in accordance with clause 38 or leave without pay in accordance with clause 36 of this Award for the purpose of providing care to a sick family member.

5.  Clause 38 – Long Service Leave: Delete this clause and insert the following in lieu thereof:

38. – LONG SERVICE LEAVE

(1) Subject to this clause, a permanent or fixed-term contract or casual employee is entitled to long service leave of 13 weeks on completion of:

(a) 10 years’ continuous service; and

(b) any subsequent period of seven (7) years' continuous service.

(2) A part-time employee or casual employee accrues an entitlement to long service leave at the same rate as a full-time employee but is paid on a pro rata basis.

(3) For the purposes of this clause the term "continuous service" is defined in accordance with clause 38(4).

(4) (a) An interruption in the service of an employee normally does not count as service and will break continuity of service.

(b) Notwithstanding clause 38(4)(a), the following periods count as continuous service and do not break service:

(i) sick leave with pay; or

(ii) all absences on workers' compensation leave; or

(iii) approved sick leave without pay not exceeding 13 weeks.

(c) Notwithstanding 38(4)(a) the following periods do not break service but do not count for the purpose of calculating entitlements:

(i) long service leave and any period of student vacation within that period; or

(ii) student vacation for which the employee is not entitled to payment; or

(iii) up to six (6) months during which the services of a fixed-term contract employee are not required; or

(iv) up to six (6) months during which the services of a casual employee are not required.

(5) An application for long service leave, using an authorised application form, must be made no later than:

(a) the date specified by the Employer by notice published in School Matters; and

(b) two (2) years after the date on which an entitlement to 13 weeks' long service leave has accrued.

(6) The Employer may, on application by the employee made within two (2) years of the date on which the employee becomes entitled to long service leave for 13 weeks, approve of the employee postponing the taking of that entitlement until the employee becomes entitled to take long service leave over one (1) semester.

(7) Subject to organisational needs the Employer may approve the clearing of any accrued entitlement to long service leave in any form provided that no absence is less than one (1) working day.

(8) The Director General may direct an employee to take accrued long service leave and may determine the date on which such leave commences.

(9) Where an employee takes long service leave over more than one (1) term, any student vacation period that occurs between the terms is not regarded as long service leave.

(10) Any public holiday occurring during an employee's absence on long service leave is deemed to be a portion of the long service leave and extra days in lieu thereof cannot be granted.

(11) Payment of Accrued Long Service Leave

(a) Long Service Leave on Full or Half Pay

Subject to the Employer's convenience, the Director General may approve an employee's application to take a complete entitlement of accrued long service leave on full pay or half pay.

(b) Long Service Leave on Double Pay

Employees may by agreement with their Employer, access any portion of an accrued entitlement to long service leave on double pay for half the period accrued. In these circumstances the leave actually taken is 50 percent of the accrued entitlement accessed.

Where employees proceed on long service leave on double pay, the entitlement accessed is excised pursuant to clause 38(4) for the purpose of continuous service.

(12) Early Access to Pro Rata Long Service Leave

(a) Subject to clause 38(12)(c), employees within seven years of their preservation age under Western Australian Government superannuation arrangements may, by agreement with their Employer, choose early access to their long service leave at the rate of:

(i)  6.5 days per completed twelve month periods of continuous service for full time employees in their first period of long service leave accrual; or

(ii) 9.28 days per completed twelve month periods of continuous service for full time employees in subsequent periods of long service leave accrual.

(b) Part time and casual employees have the same entitlement as full time employees.

(i) For part time employees their entitlement is calculated on a pro rata basis according to any variations to their ordinary working hours during the accrual period.

(ii) For casual employees their entitlement is calculated on a pro rata basis according to the average hours worked during the accrual period.

(c) Early access to pro rata long service leave does not include access to long service leave to which the employee has become entitled, or accumulated prior to being within seven years of their preservation age.

(d) Under this clause, long service leave can only be taken as paid leave and there is no capacity for payment in lieu of leave.

(e) Employees may, by agreement with their employer:

(i) clear long service leave in minimum periods of one day; and/or

(ii) access pro rata long service leave at half, full or double pay.

(f) Where employees access pro rata long service leave early, any period of leave taken will be excised for the purpose of continuous service in accordance with clause 38(4).

(13) Cash out of Accrued Long Service Leave

(a) An employee may by agreement with their Employer, cash out any portion of an accrued entitlement to long service leave.

(b) Where an employee cashes out any portion of an accrued entitlement to long service leave in accordance with this clause, the entitlement accessed is excised for the purpose of continuous service.

(c) Employees should seek financial advice at their own cost with regard to the effects on taxable income and/or superannuation arrangements prior to making a request for cashing out of accrued long service leave.

(14) Lump Sum Payment

(a) A lump sum payment for the money equivalent of any accrued long service leave entitlement of an employee under the provisions of this clause and/or any pro rata long service leave credit of an employee under the provisions of this clause is due:

(i) as of the date of retirement, to an employee who is retired because of incapacity, provided that at least 12 months continuous service has been completed prior to the date of the retirement;

(ii) as of the date of retirement, to an employee who retires at or over the age of 55 years provided that at least three (3) years of continuous service has been completed prior to the date of retirement;

(iii) as of the date of their death in respect of an employee who dies provided that the employee has completed not less than 12 months of continuous service prior to the date of their death.

(b) A lump sum payment for the money equivalent of any accrued long service leave entitlement of an employee under the provisions of this clause must be made as soon as practicable after the date of the employee’s termination.

(15) Pro-rata long service leave is the proportion of long service leave credit that an employee has accumulated towards a long service leave entitlement.

(16) Except as provided in this clause an employee is not entitled to a lump sum payment in respect of any pro rata long service leave credit.

(17) Portability of Long Service Leave Credits (State and Commonwealth Employment)

For the purpose of this clause:

"Commonwealth Employee" means a person who is employed in a classification contained within this Award and whose appointment is continuous with employment with a Commonwealth instrumentality;

"Commonwealth Instrumentality" means:

(a) any Department of the Australian Public Service; or

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

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

as the Minister for Education and Training declares by notice in the Government Gazette to be a Commonwealth instrumentality for the purposes of this clause;

"Period of Accrued Long Service Leave" means a period of long service:

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

(b) for which the employee has received no benefit in lieu of such entitlement;

"State Employee" means a person who is employed in a classification contained within this Award and whose employment is continuous with employment in a State instrumentality;

"State Instrumentality" means 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.

(18) Where an employee was immediately prior to being employed in the Department, employed in the service of:

(a) the Commonwealth of Australia; or

(b) any Western Australian State body or Western Australian statutory authority,

and the period between the date when the employee ceased previous employment and the date commencing employment in the Department does not exceed four (4) weeks, that employee is entitled to long service leave determined in the following manner:

(i) the pro rata portion of long service leave to which the employee would have been entitled up to the date the employee ceases employment with their previous Employer, is calculated in accordance with the provisions that applied to the previous employment referred to, but in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment is deducted from any long service leave to which the employee may become entitled under this clause; and

(ii) the balance of the long service leave entitlement of the employee is calculated upon appointment to the Department in accordance with the provisions of this clause.

(19) A previous Commonwealth employee cannot proceed on long service leave until they have completed a period of over three (3) years of continuous service in a classification contained within this Award.

6.  Clause 39 – Parental Leave:

1. Delete subclause (2)(b) of this clause and insert the following in lieu thereof:

(b) Paid Parental Leave

(i) Subject to clause 39(2)(b)(ii) and 39(2)(f), an employee is entitled to paid parental leave as follows:

(aa) 14 weeks continuous paid parental leave from 1 July 2008.

(ii) The paid parental leave entitlement provided in clause 39(2)(b)(i):

(aa) can be accessed by a pregnant employee in accordance with clause 39(2)(f)(i);

(bb) can only be accessed by an employee who is the primary care giver of a newly born or newly adopted child;

(cc) can only be accessed by an employee who has completed 12 months continuous service in the Western Australian public sector;

(dd) is provided only in respect to the:

 birth of a child to the employee or the employee’s partner; or

 adoption of a child who is not the child or the stepchild of the employee or the employee’s partner; is under the age of five; and has not lived continuously with the employee for six months or longer;

(ee) cannot be accessed by eligible casual employees; and

(ff) forms part of the 52 week unpaid parental leave entitlement provided in clause 39(2)(a).

(iii) The quantum of paid parental leave available to an employee is determined according to the quantum that applied at the date of commencement of the employee’s period of paid or unpaid parental leave.

(iv) An employee in receipt of a higher duties allowance for a continuous period of twelve months immediately prior to commencing paid parental leave is to continue to receive the higher duties allowance for the first four weeks of paid parental leave.

(v) An employee who is entitled to be paid higher duties allowance in accordance with clause 39(2)(b)(iv) and elects to take paid maternity leave at half pay will be paid the higher duties allowance at the full rate for the first four weeks of paid parental leave.

2. Delete subclause (5)(c) of this clause and insert the following in lieu thereof:

(c) An employee proceeding on parental leave may elect to take a shorter period of parental leave to that provided by clause 39(2)(b) and may at any time during that period elect to reduce or extend the period stated in the original application, provided four weeks written notice is provided.

7.  Clause 40 – Short Leave: Delete this clause and insert the following in lieu thereof:

40. – SHORT LEAVE

(1) The Employer may, upon sufficient cause being shown, grant an employee short leave on full pay not exceeding three (3) working days in any one (1) calendar year, subject to the following provisions.

(2) Short leave can only be taken for matters:

(a) of a personal and pressing nature;

(b) which arise with little or no notice;

(c) which require immediate attention; and

(d) that cannot reasonably be conducted outside normal business hours.

(3) Notwithstanding subclause 40(2), the Employer may approve an application for matters of a personal and pressing nature, which require the attendance of the employee at a time outside the control of the employee.

(4) Short leave will not be approved for regular ongoing situations or for circumstances normally met by other forms of leave.

(5) Short leave may be taken in full days, or a period of less than one day.

(6) An employee can take more than one (1) day at any one time of short leave, subject to the discretion of the Employer.

(7) Notification of a request for short leave is to be made as soon as is practicable.

(8) An employee may be required by the Employer to provide an explanation of the reasons for taking short leave.

(9) Failure to notify the Employer as soon as is practicable will result in this leave being treated as absent without leave.

(10) Short leave entitlements do not accrue from year to year.

8.  Clause 41 – Sick Leave: Delete this clause and insert the following in lieu thereof:

41. – SICK LEAVE

(1) Entitlement

(a) Permanent employees and fixed-term contract employees with a contract period greater than 12 months are credited with the following cumulative sick leave credits:

(b) Fixed term contract employees for a period less than 12 months are credited with the same entitlements on a pro rata basis for the period of the contract.

(c) For the purposes of clause 41, "Service" includes any period of approved paid leave, excluding any continuous period of sick leave without pay in excess of three (3) months.

(d) A part time employee is entitled to the same sick leave credits as a fulltime employee on a pro rata basis.  Payment for sick leave is only made for those days that would normally have been worked had the employee not been on sick leave.

(e) Sick leave may be taken in full days, or a period of less than one day.

(f) Sick leave will not be debited for public holidays which the employee would have observed.

(g) The Employer cannot grant an employee sick leave with pay unless the employee has sick leave credits.  Employees who have exhausted all of their sick leave entitlements and are ill or injured may apply for sick leave without pay.

(h) Employees are required to complete the necessary application for accessing sick leave, which will include the period in which the employee was unfit for duty and, subject to subclause 41(3), evidence to satisfy a reasonable person.  The Employer shall not unreasonably withhold this approval.

(i) If the evidence provided by the employee does not meet the requirement to satisfy a reasonable person of the sick leave entitlement, the Employer may require the employee to provide the necessary written evidence, including the period that the employee is unfit for duty.

(j) If the employee fails to provide the required evidence, the Employer will not approve the leave and may cease the payment of sick leave if the employee is currently absent on paid sick leave.

(k) The provisions of this clause do not apply to casual employees.

(2) Variation of working hours

(a) When an Employees’ ordinary working hours change during an anniversary year, sick leave credits are adjusted to reflect the pro rata proportion for that anniversary year.

(b) At the time that the ordinary working hours change, sick leave credits are adjusted to reflect the ordinary working hours up to that point in time as a proportion of the total working hours for the anniversary year.

(c) Sick leave is credited pro rata on a weekly basis from the time ordinary working hours change until the next anniversary date, such that the total hours credited for that anniversary year is on a pro rata basis according to the ordinary working roster for that period.

(3) Approval of Sick Leave

The Employer may approve an application for sick leave as follows:

(a) a period not exceeding two (2) consecutive working days does not need to be supported by evidence; but provided the amount of sick leave approved without the production of evidence does not exceed, in the aggregate, five (5) working days in any one credit year; or

(b) any day taken immediately preceding or immediately following a student vacation, provided it is accompanied by evidence even where the absence does not exceed two (2) consecutive working days; or

(c) any period of more than two (2) consecutive days that is supported by evidence; or

(d) where the nature of the illness consists of a dental condition and the period of absence does not exceed five (5) consecutive working days, by the certificate of a registered dentist.

(4) Doubt as to Reason for Absence

(a) Where the Employer has prima facie evidence that causes doubt as to the reason for absence, the Employer may arrange for a registered medical practitioner to examine the employee to establish and verify the reason for absence.

(b) (i) The appointment for the medical examination is to be made in consultation with the employee.  The employee must attend such an examination.  If the employee fails to attend the examination the Employer may suspend sick leave payments until substantiation for the reason of absence is provided to the Employer.

(ii) If the employee fails to attend any further referrals for a medical examination without reasonable cause, the Employer may refer this matter for disciplinary proceedings as a serious breach of discipline for failing to obey a lawful order.

(c) If the Employer is satisfied about the reason of absence, the fee and any associated expenses incurred in having to attend the examination is paid by the Employer.

(5) Access to future sick leave credits

(a) If an Employee has exhausted all accrued sick leave the Employer may allow the Employee who has at least 12 months’ service to anticipate up to 5 days’ sick leave from next year’s credit.  If the Employee ceases duty before accruing the leave, the value of the unearned portion must be refunded to the Employer, calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of the Employee.

(6) Reconciliation

(a) At the completion of an anniversary year, where an Employee has taken sick leave in excess of their current entitlement the unearned leave must be debited at the commencement of the following anniversary year/s.

(b) The requirements of the Minimum Conditions of Employment Act 1993 must be met at the commencement of the following anniversary year.  The remaining portion of debited sick leave that exceeds the leave credited is to be debited at the commencement of the subsequent and where necessary following anniversary year/s.

(c) Where an employee ceases duty and has taken sick leave that exceeds the leave credited for that anniversary year, the Employee must refund the value of the unearned leave, calculated at the rate of salary as at the date the leave was taken.  No refund is required in the event of the death of the Employee.

(7) Employee’s Fitness for Work

(a) Where the Employer is concerned about an employee’s health and wellbeing or medical fitness for work, to the extent that if allowed to attend or continue to work, the employee may put at risk the safety, health and welfare of themselves or others or may disrupt the normal work site operations:

(i) the employee may be directed by a notice in writing to be examined by a registered medical practitioner nominated by the Employer;

(ii) in this event the fee and any associated expenses incurred in having to attend the examination will be paid by the Employer;

(iii) an employee subject to a request under this clause to attend such an examination has the right to be provided with the information upon which the Employer’s opinion has been formed, prior to attending such a medical examination;

(iv) The implementation of clause 41(4) involves the following steps:

(aa) in circumstances where the concerns are such that to leave the employee in the environment may be harmful or injurious to themselves or others the employee can be immediately directed to vacate the premises;

(bb) the concerns and basis for the request are discussed at a meeting with the employee by the employee’s line manager and/or the Principal;

(cc) where the employee is aggrieved by the concerns or the basis on which the request has been made, notice in writing detailing the issues of concern, is to be provided within three (3) working days of the meeting to the line manager or Principal who will immediately inform the relevant Director Schools;

(dd) upon notice being provided, the Director Schools will, as a matter of urgency, meet with the employee and the line manager to discuss the concerns;

(ee) if the Director Schools is of the opinion that the concerns are sufficient to warrant the seeking of medical advice, the employee will be informed of this in writing within three (3) working days of the above meeting; and

(ff) if necessary, the Executive Director, Workforce will be advised by the Director Schools and will use the delegated authority of that Office to direct the employee to attend a medical examination.  In this circumstance, the employee’s non-attendance at the medical examination will constitute a serious breach of discipline that can be referred for disciplinary action.

(b) Where the employee is required to undergo a medical examination at the request of the Employer, and does so expeditiously, and is placed on sick leave prior to a determination of fitness and they are later determined to be fit for work the employee’s sick leave credits will be reinstated.

(c) Written notice as to the medical appointment will be provided to the employee following the expiry of the notice period as provided in clause 41(4)(a)(iv)(bb) or following the conclusion of the review process as provided by clause 41(4).

(d) For the purposes of clause 41, a medical examination may be undertaken by a registered medical practitioner, including: General Practitioner, Occupational Physician, Psychologist or Psychiatrist.

(8) Ill Health Retirement

(a) General

Where the Employer is of the opinion an employee’s sustained poor performance is directly attributed to the employee’s ill health, or where the Employer has sufficient evidence to suggest that an employee’s sustained poor health poses a significant risk to the welfare of themselves and/or other employees, the Employer may seek independent medical advice as to the employee’s ability to continue in current employment.

(b) Medical Examination

Prior to, and in consideration of an employee being medically retired due to ill health, the affected employee will be required to undertake a medical examination.  A medical examination will be arranged by the Employer with a registered medical practitioner nominated by the Employer.  The fee and any associated expenses incurred in having to attend the examination will be paid by the Employer.

(c) Medical Evidence

(i) Where independent advice supports the employee’s retirement on the grounds of ill health, the Employer will advise the employee in writing of that advice and of the Employer’s intention to retire the employee.

(ii) Where the independent advice does not support the employee’s retirement on the grounds of ill health, the Employer may on the medical evidence presented:

(aa) seek further independent advice;

(bb) offer alternative work options suitable to both the employee and the Employer; or

(cc) take other action appropriate to the circumstances.

(iii) A decision to retire on the grounds of ill health is to be made in writing and a copy of the independent medical advice is to be provided to the employee.

(iv) A decision to retire an employee on the grounds of ill health must be based on evidence that on balance indicates that the employee is not fit to perform the duties and responsibilities of the position for which they have been employed.

(d) Accrued and Pro Rata Entitlements

Where the employee is retired due to ill health all outstanding accrued and pro rata entitlements are calculated and paid to the employee in the usual manner.

(e) Medical Retirement and Workers’ Compensation

An active or pending workers compensation claim will not be displaced where an employee is medically retired due to a work related illness or injury.

(f) Superannuation and CentreLink Benefits

(i) The Employer undertakes to provide written advice to the Government Employee’s Superannuation Board (GESB) to support the employee where they are retired on the grounds of ill health to assist them to access GESB entitlements.

(ii) The Employer undertakes to provide written advice to CentreLink to support employees to assist them access to the disability pension where they are retired on the grounds of ill health from the Department.

(9) Reinstatement of Long Service Leave Credits due to Illness

If an employee is ill during long service leave and produces at that time, or as soon as practicable thereafter, evidence that as a result of illness the employee was confined to their place of residence or a hospital for a period of at least 14 consecutive calendar days, the Employer may grant sick leave for the period during which the employee was so confined and reinstate long service leave equivalent to the period of confinement.

(10) Leave Without Pay

An employee who is absent on leave without pay is not eligible for sick leave during the currency of that leave without pay.

(11) No Entitlement due to Misconduct

Sick leave with pay cannot be approved by the Employer if the illness is caused by the misconduct of the employee or in any case of absence from duty without sufficient cause.

(12) War Caused Illness – Special Leave Credits

(a) An employee who produces a certificate from the Department of Veterans' Affairs stating that the employee suffers from war caused illness may be granted special sick leave credits of 15 days per annum on full pay in respect of that war caused illness. These credits accumulate up to a maximum credit of 45 days, and are recorded separately to the employee's normal sick leave credit.

(b) Every application for sick leave for war caused illness must be supported by a certificate from a registered medical practitioner as to the nature of the illness.

(13) Sick Leave on Half Pay

In exceptional and compassionate circumstances the Employer may allow employees to expand their sick leave entitlement and be paid half pay for each day taken.

(14) Portability of Sick Leave Credits (Commonwealth and State 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 in 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. 

(b) A Commonwealth or State employee whose appointment as a teacher is continuous with employment by a Commonwealth or State instrumentality is entitled on appointment to be credited with a sick leave credit equivalent to any paid sick leave entitlement to which he/she was entitled under the sick leave conditions of the Commonwealth or State instrumentality on the date that his/her employment in the instrumentality ended.

(c) (i) For the purposes of this subclause the employment of a person in a Commonwealth or State instrumentality shall be regarded as continuous with his/her service as a teacher if the period commencing on the date he/she ceases employment in the instrumentality and ending on the date of appointment as a teacher does not exceed four (4) weeks or such longer period as the employer may determine.

(ii) Any longer period than four (4) weeks shall only be in special circumstances.