Guidance Matters No. 5 March 2022  

Guidance Matters No. 5 - March 2022

EB10

As reported in the March Queensland Teachers’ Journal, the Department of Education and the QTU have finalised the good faith bargaining guidelines for the commencement of EB negotiations.  Formal negotiations have commenced for replacement for the current certified agreement, which is due to expire on 30 June.

The parties have committed to using an interest-based bargaining approach to negotiation, which promotes the identification of shared interests.  The QTU has provided our eight areas of interest which include:

• recognition of complex school environments and 21^st century schooling through a review and enhancement of the resourcing and allocative methodology in schools.
• salaries placing Queensland teachers and school leaders among the highest paid in Australia.
• recognition of additional duties and hours worked outside rostered duty time.
• improvement of working conditions, including class sizes to mitigate workplace health and safety risks and the complexities of inclusive education and 21^st century schooling.
• the provision of intentional collaboration and strategic planning time in schools.
• recognition of the complexity of remote and rural education through enhanced incentives and resourcing for professional development and learning.
• provision of security and certainty in employment through prioritising permanent employees for vacancies across the state.
• addressing employment inequities across the system.
   

Regular meetings with the department have been set. The QTU Executive and State Council will receive regular updates from these meetings, with information provided to members via Newsflash.  QTU Organisers are also providing information to members at branch meetings and area councils.

For more information on EB10 visit www.qtu.asn.au/eb10

EB 9 senior guidance officers – teachers’ award coverage

VARIATION OF THE TEACHING IN STATE EDUCATION AWARD – STATE 2016 TO INCLUDE SENIOR GUIDANCE OFFICERS (SGOs) AND REPRESENTATIVE SCHOOL SPORT OFFICERS (RSSOs AND QSSOs).

While “without prejudice” negotiations are continuing, the following is a report on the progress of negotiations to action the variation of the Teaching in State Education Award – State 2016 (teachers’ award) to include coverage of representative school sport officers (RSSOs and QSSOs) and senior guidance officers (SGOs).

The QTU and the department have held formal negotiation meetings (2 December, 7 February, 23 February, 8 March and 22 March) to progress the matter of coverage under the teachers’ award. The discussions are without prejudice, meaning that while any matters explored do not necessarily lock the parties into a position, they can be analysed and proposals put forward.

The following matters can be reported:

Transition of leave entitlements

There are established protocols in place for entitlements to move between the public sector award and the teachers’ award prescribed by the Recreation Leave Directive (Schedule 2 - Recreation Leave Directive 04/17). As mutually agreed, the department is working with payroll to develop communications regarding the conversion of accrued leave entitlements to reflect a 25-hour week following the transition to the teachers’ award, including developing worked examples.

Accrued unused recreation leave

The department has clarified that SGOs and RSSOs will not need to conserve two weeks of recreation leave to cater for the summer vacation period. The department’s payroll section has confirmed that upon transition to the teachers’ award, SGOs and RSSOs will automatically be entitled to the full school vacations (ie winter, spring and summer) as per provisions in the teachers’ award. No minimum recreation leave balances have to be retained. This is consistent with the existing leave entitlements for public servants who transfer into teacher roles.

The following approach for management of the remaining accrued unused annual leave balances following transition to the teachers’ award has in principle acceptance:

• Systems already exist within the public sector to manage leave balances. There are also provisions in the Industrial Relations Act. The QTU has sought the grandparenting of leave balances to allow SGOs and RSSOs reasonable time to use their accruals with some discretion and benefit to them.
   

The following has in-principle agreement from the parties:

• SGOs and RSSOs will be invited to cash out accrued unused annual leave in excess of a balance of four weeks (s37(2) IR Act) and otherwise provide details of their plan to take their accrued unused annual leave within the next two (2) years. If any excess annual leave balances remain after the end of two years, the department will direct them to take their leave during the third year by giving eight weeks' written notice (s33(3) IR Act).
   

The department has agreed to develop draft communications for consideration, including sharing some examples of how the accrued leave can be managed through the department’s flexible work arrangements (FWA) procedure and utilised during the school term through the development of a flexible work arrangement (FWA) in accordance with the department’s procedure. DoE’s Flexible by Design resources provide practical examples for such arrangements. For example, the SGO or RSSO may wish to have a particular afternoon off for a period of a term or a year, depending on their leave balances.

Accrued unused TOIL/ADO

The following has in-principle agreement from the parties:

• SGOs and RSSOs will provide details of their plan to take their accrued unused TOIL/ADO leave within the next two years. At the end of the two years, unused TOIL/ADO will be forfeited.

Memorandum of agreement

Finally, the parties are exploring the development of a memorandum of agreement (MoA), which would capture key issues that apply to the SGO and RSSO workforce.

Matters covered by the MoA, aside from the transition arrangements mentioned above, would include:

• overarching statements that will make explicit the context of working conditions for SGOs and RSSOs under the teachers’ award, specifically taking into account the nature of the roles
• acknowledgment of the ability to implement a mechanism for SGOs to be periodically rostered to be available for SCAN meetings during vacation periods (this model is already in place in some regions)
• acknowledgment of the opportunity for RSSOs to take some time during the school term (for example, in the initial week/s of Term 1, the final week/s of Term 4, NAPLAN week) to off-set weekend work/work outside the span of hours. This would be achieved through locally negotiated and documented flexibility arrangements with individual RSSOs
• broader acknowledgment of the availability of locally negotiated and documented flexibility arrangements (FWAs) with individual SGOs and RSSOs (for example, to address significant travel obligations outside the span of hours to support and service isolated rural and remote communities).
   

The QTU has requested that small working parties of SGO and of RSSO members be convened to consider proposals and draft clauses. The SGOs who form the sub-committee of the QTU’s statewide senior guidance officer special interest group will be part of the Joint QTU/DoE SGO working party.  The SGOs are Brian Day, Marie De Daunton, Lee McGlynn, Jenny Spencer, Ronna Swan, Trent Wheeley and Glen Zagami.

The QTU and the department will be in touch shortly to jointly arrange consultation sessions to allow you to ask any questions and to discuss your thoughts, ideas, proposals and suggestions in relation to award variation.

QuEST (Queensland Education Support and Training)

Queensland Education Support and Training (QuEST) is an initiative of the QTU.  QuEST operates in a niche professional development space, to meet the articulated professional development needs of QTU members, aligned to the ethos and shared values of the QTU.

A range of programs is offered, including face-to-face, live online and on-demand web courses.  These are open to all members, and as a not-for-profit initiative, QuEST aims to keep professional development affordable.

To check out what is on offer from QuEST in forthcoming terms go to www.qtu.asn.au/quest.

Promotion panel training

Last November, guidance and senior guidance officer members were encouraged to nominate as QTU-endorsed nominees for promotion selection panels.  A number of you did so. Thank you.

The QTU is offering promotion panel training throughout 2022.  The training is designed for QTU members who have nominated to be QTU promotion panel nominees, have been asked to be a QTU nominee on a panel, or are considering becoming a QTU promotion nominee.  The training aims to provide participants with up-to-date information on recruitment and selection processes, as well as how to be an effective panelist on a promotion panel. 

The following opportunities are available in 2022:

For more information, contact the Queensland Teachers’ Education Centre qtec@qtu.asn.au.

 Authorised by Kate Ruttiman, General Secretary, Queensland Teachers' Union
21 Graham Street, Milton, QLD, Australia, 4064