In this edition: Review of the memorandum of agreement | End of year arrangements | Temporary to permanent MOA | QCT registration | Thank you
Review of the memorandum of agreement
In Semester 1, more than 200 QTU members, employed in every region across the state, participated in our online survey for a replacement Instrumental Music Memoranda of Agreement (MOA). Member responses to the survey informed the QTU’s log of claims that will frame our MOA negotiations.
In Term 3, the QTU provided the Department of Education with a detailed log of claims, and the Union has now written to the department on at least six occasions, urging it to commence negotiations in accordance with clause 12.3 of the Department of Education State School Teachers Certified Agreement 2019, which states: “The parties will review and/or renegotiate all existing memoranda of agreement during the life of the agreement.”
The certified agreement has a nominal expiry date of 30 June 2022.
QTU State Council, the Union’s decision-making body comprised of representatives from every branch throughout Queensland - including instrumental music teachers, met on 6 November and carried the following resolutions:
THAT State Council condemns the failure of the Department of Education’s Employee Relations team for its failure to commence good faith negotiations with the QTU for a replacement Instrumental Music Teachers and Instructors Memorandum of Agreement.
THAT State Council authorise Senior Officers to consult with affected members and determine an appropriate course, including but not limited to work-to-rule.
The department’s failure to commence good faith negotiations for a replacement MOA alone is insufficient grounds to commence a dispute or engage in industrial action. However, the Council resolutions authorise member consultation on an appropriate course of action.
In the event that the Department of Education does not commence good faith negotiations with the QTU for a replacement MOA, the Union will write directly to instrumental music teacher/instructor members in Term 1, 2022. ...back to top
End of year arrangements
Hours of duty
The QTU recognises that the end of the school year often culminates in performances like graduation ceremonies or end of year celebrations. Performances outside of rostered duty time should only occur in the context of the Teaching in State Education Award – State 2016, specifically clause 15.2(c)(i), which sets the maximum time to be spent on incidental duties: “Conducting performances by students outside of rostered duty time – 20 per year.”
COVID-19
The following information is intended to support the work of our instrumental music teachers and instructors, school leaders, and school communities. The QTU recognises that COVID restrictions can change at short notice, however this information was current at 5 November.
Queensland’s COVID Safe Futures sets out restrictions in stages.
In the event of a regional or statewide lockdown, in all likelihood planned end of year performances will be cancelled or postponed. On 5 November, Queensland is in stage 3*, and the advice from the department is as follows.
- End of year performances, whether held indoors or outdoors, can take place.
- Allocated seating enables events to proceed with 100 per cent capacity.
- Where there is no allocated seating, the event organisers must ensure that seating is provided on the basis of 1 person per 2m2.
*Additional mask restrictions apply in South East Queensland local government areas (Brisbane, Moreton Bay, Ipswich, Lockyer, Somerset, Logan, Redlands, Sunshine Coast, Noosa, Gold Coast, and Scenic Rim)
- Masks are to be worn by teachers, high school students, and the community until seated.
- Masks can be removed by teachers, high school students and the community once they are seated.
- Masks can be removed by instrumental music teachers/instructors and student performers when standing where they are able to maintain 1.5m social distance (e.g. orchestra conductor from instrumentalists and audience, or saxophone soloist standing to perform with a jazz ensemble).
Ventilation
In the context of school management of COVID, national media has included reports on ventilation of classrooms. Most of this reporting is specific to Victoria and NSW. The COVID experience in Queensland has been significantly different.
However, all QTU members are reminded of the current Instrumental Music MOA, namely clause 12.6 which states: “Schools must ensure that there is an appropriate and functional workspace in order for instrumental music teachers and instructors to provide lessons and ensemble instruction to students.”
In the current context of mitigating the risk of a COVID outbreak, and for the safety of our members and students, it is the QTU’s position that the MOA clause requires Queensland’s instrumental music curriculum to be delivered in an appropriately ventilated space.
Workload
The QTU reminds school principals and instrumental music teachers and instructors of the resolution to a stage 3 dispute agreed by the parties at the end of the 2020 school year. The resolution holds in 2021.
The resolution to 2020 dispute included correspondence to school principals from the Department of Education’s Executive Director – Integrity and Employee Relations, which was dated 4 December 2020 and included the following text:
“As outlined by the RMCs, principals and instrumental music teachers and instructors are required to ensure that school-owned instruments are cleaned appropriately, utilising the specialist knowledge of the instrumental music teachers and instructors, prior to re-loaning instruments in 2021. I must emphasise that this cleaning is to be done on the school site during rostered duty time as negotiated by the instrumental music teacher or instructor and the principal at each school.
“Principals are advised that instrumental music teachers and instructors doing this cleaning will require access to suitable space, approved chemicals and personal protective equipment to undertake these activities.
“The Department of Education’s guidelines to support instrumental music programs in managing hazards associated with COVID-19 are available on OnePortal.”
Supervision
Instrumental music teachers and instructors are aware of continued discussions to resolve the matter of a return-to-teach (RTT) condition on Queensland College of Teachers registration. The QTU position is that the RTT means that instrumental music teachers cannot be allocated supervision duties other than that of instrumental music students. ...back to top
Temporary to permanent MOA
All QTU members are covered by a suite of industrial instruments. In addition to the award, the certified agreement and the MOA, all instrumental music teachers and instructors are eligible to participate in the temporary to permanent conversion process.
The Temporary State School Teachers and Music Instructors MOA ensures that all instrumental music teachers and instructors who have been engaged in a continuous capacity for at least two years will receive an invitation, via email, informing them of their eligibility and inviting them to participate in the temporary to permanent conversion process.
Employees who accept an invitation to participate in the temporary to permanent conversion process are guaranteed continuity of employment, although not necessarily at the same school(s).
Any instrumental music teacher or instructor who meets the two year eligibility requirement but has not received an invitation to participate in temp to perm conversion, should email temptchrconversion.humanres@qed.qld.gov.au. ...back to top
QCT registration
Earlier bulletins this year predicted that a resolution to this continuing matter will take time. The QTU understands that the department is working with the QCT and the Queensland Curriculum Assessment Authority (QCAA) on a proposal to resolve this matter.
We share members’ frustration that the matter will not be resolved this year. We will continue to engage with the department and other stakeholders to ensure the progress that has been achieved this year does not stall. ...back to top
Thank you
Just over the horizon, another complex and challenging school year is drawing to a close. We know that the end-of-year work intensification phase of end-of-year concerts, recruiting, reporting, stocktaking, cleaning and various other tasks is now upon our IM teachers/instructors.
Unless there are significant developments in the progress of the MOA or the return-to-teach matter, this will be the last Instrumental Music Bulletin for the year.
If you need assistance during the summer vacation, please contact our QTU Queensland Teachers’ Assist Desk which will be open until 5pm on 22 December and will reopen on 5 January.
Thank you for everything that you contribute to Queensland’s unique instrumental music program. The QTU knows that instrumental music teachers and instructors have well and truly earned a holiday. We wish you a safe and joyous break with loved ones. ...back to top
Authorised by Kate Ruttiman, General Secretary, Queensland Teachers' Union
21 Graham Street, Milton, QLD, Australia, 4064