Office of the Commissioner for Public Employment

Bulletin 4 - offer for new enterprise agreement - issued 9 July 2024

I am pleased to advise that I have made an offer to the Australian Education Union (AEU) to settle the Principals, Teachers and Assistant Teachers enterprise agreement negotiations.

The offer reflects the open and collaborative negotiations between the parties since bargaining commenced, and takes into account the AEU bargaining issues and claims made during the negotiations.

In considering this offer, it has also been acknowledged that a key bargaining claim for the AEU is to address teacher workloads.  The implementation of a teacher workload reduction action plan will commence from Semester 2, 2024, and the reforms to move to enrolment-based funding will commence from 2025.

These, combined with the additional investment by the Australian and Northern Territory governments to move to full funding in all Northern Territory Government schools, will enable schools to employ additional resources to support teachers which will also assist in addressing workload issues.

This offer comprises of a complete package that will provide significant improvements to conditions; greater job certainty; is reflective of the economic outlook; will assist in cost of living pressures; and provides generous wage increases that meets the AEU’s claim for teachers “to be the best paid in the country”.

Summary of the offer

See full details of the offer including all new conditions proposed.

  • The name of the Agreement will be changed to the ‘Northern Territory Public Sector Educators 2024-2027 Enterprise Agreement’.
  • Term of the Agreement to be three years and approximately three months to change the expiry date from the agreement expiring on 11 October 2024 to 31 December 2027.
  • Salary and Allowance increases to be applied as follows:
    • 4.3%* from first pay period commencing on or after 11 October 2024
    • 3.6% from first pay period commencing on or after 1 January 2026
    • 3.6% from first pay period commencing on or after 1 January 2027

    • This provides a total salary increase of 11.5%, or 11.94% compounding over the term of the Agreement.

    *CT1 salary rates will also receive a $1 000 increase prior to the 4.3% increase, making the increase approximately 5.5% in the first year for these employees.

    Allowances under the agreement, that are currently adjusted in line with the Darwin Consumer Price Index will continue to increase in line with current provisions; those that increase in line with EA, will continue to increase in line with the EA; and allowances which are not currently adjustable (e.g. NT Allowance) will remain at their current rates.

    Payment of the salary and allowance increases (including any back payments that might apply) shall only be payable to employees who are employed from the commencement of this agreement.

  • $1 000 ‘Recognition of Experience’ lump sum payment for CT9s

    • Classroom Teacher Level 9 (CT9) employees will receive a once off payment of $1 000 (approximately 0.83% of current salary), in recognition of their experience and long term commitment to the profession.  The payment will be made as soon as reasonably practicable after the commencement of the new agreement and will apply to approximately 995 teachers at the CT9 level.

  • Increase in Non-Contact Time:
    • from 3 hours to 5 hours and 20 minutes for primary school teachers, providing them with the same non-contact time as secondary teachers
    • the Agreement will set out that non-contact time is provided for the purpose of preparation, planning either individually or with other colleagues, assessment and correction of a teacher’s allocated classes. A teacher will have flexibility to achieve the required outcomes in line with the Australian Institute for Teaching and School Learning (AITSL) Professional Teacher Standards
    • compensation (additional payment) will also be provided for teachers when they are unable to access non-contact time due to taking on extra classes or a relief teacher not being available
    • Assistant Teachers will be provided with 2 hours non-contact time to assist with collaborative planning
    • these improvements will assist in addressing teacher workload issues
  • Improvements to Class Sizes:
    • class sizes to have an average class size of 25 students (reduced from 27) for transition classes in primary schools and Year 11 and 12 classes in secondary schools
    • special education centres and satellite classrooms to have classroom maximums based on students’ needs and will ensure the workplace health and safety of students, teachers and classroom support staff
    • class structures will factor in the needs of students with special needs and associated impact to a teacher’s workload
    • these improvements will also assist in addressing teacher workload issues
  • Assistant Teachers (Aboriginal Team Teachers):
    • to better reflect the role and cultural contribution that an Assistant Teacher makes in the classroom, the Agreement will change their title to Aboriginal Team Teacher
    • Assistant Teachers will be provided with 2 hours non-contact time to assist with collaborative planning
    • a restructure of the Assistant Teacher classification and incremental points will be implemented to provide for employees who prefer to primarily ‘assist’ the classroom teacher, to progress through AT1 to AT5 increments annually, without any qualification requirements
    • a further two increment points (AT6 and AT7) will be created to introduce a career pathway for those Aboriginal Team Teachers (paraprofessional) who wish to progress to become a classroom teacher, and obtain formal qualifications

      • Proposed wage increase

    • These new increment points will also acknowledge that these employees supervise students, along with the additional duties that they play in mentoring other Aboriginal staff and supporting the community to engage in the school.  AT4 and AT5 employees with the relevant diploma qualifications will transition to the new AT6 and AT7 levels at commencement of the agreement providing generous increases outlined below:

      • Old Level

      New Level

      Inclusive of proposed wage increase

      AT4 AT6 16%
      AT5 AT7 11%
    • Provisions to be included for employees who do not have the diploma level qualification to be a current AT4/5, to be employed at an AT6 or AT7. This would be subject to them holding a Certificate III (for an AT6) or Certificate IV (AT7), and an assessment of the cultural authority, and principal, in the community.
    • It is proposed this assessment will include, but not be limited to, an individual's role in the broader community and the cultural value and knowledge that the individual actively provides to the school's operations; and a demonstrated commitment to perform the typical duties and general standard required for the AT6/AT7 level.
    • It is acknowledged that consultation with current Assistant Teachers, local community and principals in communities will be required to develop the policy and procedures for these assessment considerations.  I will propose that the agreement provide a commitment of the parties to jointly undertake these steps by the commencement of the 2025 school year.
  • Classroom Teachers

    • CT1 salary rates will receive a $1 000 increase prior to any pay increases applying to ensure they are the best paid in the country.

    CT9 employees receive a once off payment of $1 000 in ‘Recognition of Experience’ lump sum payment on commencement of the new agreement, and will also be the best paid at the most experienced teacher classification from the commencement of the new agreement.

    This is in addition to non-contact time being increased from 3 hours to 5 hours and 20 minutes for primary school teachers, and compensation (additional payment) for teachers when they are unable to access non-contact time.

  • Principals

    • Terms and conditions of employment will be inserted into the Agreement (previously covered by a Determination). This includes improved provisions for pay progression, with the 24 months service requirement, being reduced to 12 months, to be eligible for an increment.

    Changes in budget responsibility for schools, particularly in remote locations will commence in 2025 in which the Department has committed to re-evaluate the principal classifications in line with new responsibilities.  The review will also consider the current application of the Mercer Job Evaluation System for classifying principal positions.  Any proposed outcomes and improvements may be implemented during the term of the Agreement.

    The current Determination provisions providing that employees who are Executive Contract Principals (PLECs), and who are members of a defined benefit superannuation scheme, such as the Commonwealth Superannuation Scheme, or the Northern Territory Government and Public Authorities Superannuation Scheme, may only transition to PLO1 to PLO3, will be formalised in a new Determination.

  • Teacher Probation has improved provisions with the current probationary period for ongoing employment to be reduced from 12 months to 6 months.  This will improve security of employment provisions for employees.
  • Improvements for Remote Based Employees

    The Agreement will provide for employees based:

    • in Laynhapuy Homelands School (remote category 2) who work a minimum of 3 days a week in a homeland learning centre will be eligible for remote category 3 entitlements; and
    • in Tennant Creek Primary School (remote category 1) who work a minimum of 3 days a week at the Mungkarta Homelands Centre will be eligible for remote category 2 entitlements

    • This will provide these employees with additional fares out and/or study leave points.

    The current remote retention payments (annual lump sums ranging from $500 to $1 000) will be rolled up into the remote incentive allowance, to be paid fortnightly, and count as salary for superannuation and other purposes.

    The Agreement will also provide signpost clauses to Determinations:

    • that may provide assistance if an employee is incurring a higher cost in respect to household insurance on a remote community, and
    • for employees in a remote locality that may be eligible to apply for special leave with pay for up to a day and a half where they would be disadvantaged in terms of lost holiday time when catching connecting flights to holiday destinations

    In addition to assistant teachers in charge of a homeland learning centre where there is no other teacher in charge receiving a special allowance, this will be expanded to include classroom teachers, providing an approximate $1 700 allowance for eligible teachers.

  • Review of End of Half Semester Travel – Remote Employees

    • During bargaining the parties identified the current provisions related to ‘End of Half Semester Travel’ for employees who are permanently stationed at an approved isolated locality, have not been well known (or accessed) by employees.

    It was further noted the conditions are similar, but separate, to the ‘Fares Out in Lieu’ (FOIL) entitlements which are also contained within the enterprise agreement.   These similarities may have caused some confusion as to the application and interaction of the entitlements.

    The Department of Education (DoE) and the AEU have agreed to review the ‘End of Half Semester Travel’ provisions to clarify and simplify the entitlement, and the interaction with FOIL provisions.  DoE and AEU have committed to review the provisions within the first 12 months of the new agreement, and to implement a communications strategy to advise employees of the entitlement.

  • Special Leave Provisions will be put into the Agreement to provide for employees in their first year of employment, who have not accrued enough recreation leave to cover the Christmas and New Years break, to receive special paid leave to ensure they receive pay over this period.

    • The clause will also provide for the existing special paid leave provisions for teaching staff at Tivendale School; Owen Springs Education Centre, and Residential Youth Justice Facilities.

  • Stand Down Provisions will be clarified where an employee on school based conditions will receive payment of stand down salary when schools are otherwise not open to accept students.
  • Relief Teacher Provisions have been improved to provide relief teachers to be renumerated for half and full day payments, and a reduction in the number of days required to count towards one year of full time teaching, from 195 days to 180 days.
  • Improvements to Unions Rights provides an enhanced clause for Union Communication Rights that will allow for Unions to be informed of relevant orientation and educator events, and support for the deduction of union dues from employee wages.
  • Authority to Teach will provide new provisions to cover commencement salaries and mentoring for employees that have attained an authority to teach with the Northern Territory Registration Board.
  • Emergency Leave provisions has increased from 2 days to 3 days per annum to attend a sudden, unexpected, and serious situation where the employee is unable to attend work or is required to return home before the employee’s usual ceasing time to ensure their personal safety or the protection of the employee’s family and/or property.
  • Frozen Recreation Leave that has previously been in a policy will now be included into the Agreement which provides for an office based employee who transfers to a school based teaching position, will have all their accrued recreation leave entitlements frozen.  Frozen recreation leave entitlements may be utilised where a school based teaching employee doesn’t have sufficient paid leave to cover a stand down or end of school year holiday period.
  • Management of Unsatisfactory Performance and Disciplinary Proceedingswill be inserted into the Agreement providing the legislative basis for discipline or unsatisfactory performance proceedings and providing for employees to be regularly updated on any proceedings, including confirmation of natural justice provisions.
  • Fixed Period Employment conditions will be incorporated into the Agreement with the new Fair Work Act 2009 provisions where employees are to be offered ongoing employment after two years, or two fixed period contracts (whichever is the lesser).
  • Meal Breaks will now be included in the Agreement to ensure employees are receiving adequate meal breaks.
  • Classifications Descriptors updated for Senior Teacher, and introduction of Principal descriptors, with both setting out how the classifications are determined in accordance with the NTPS Job Evaluation System, and with the corresponding capability requirements for each level being set out in the NTPS Capability Framework.
  • Aspects of the Teacher Responsibility Guide will be included into the Agreement including face to face teaching time, professional duties, collaborative planning and flexible approaches to working hours.
  • Commissioner Determinations will be included into the Agreement:
    • Attraction and Retention Allowances for Katherine and Central Region Urban schools of up to $3 500 per annum;
    • up to 10 fortnightly relocation payments for employees relocating to Alice Springs;
    • up to 15 fortnightly relocation payments for employees relocating to Katherine; and
    • $3 000 HELP debt reimbursement provisions
  • School Based Work/Office Based Employees who are temporarily transferred to perform school based work to accrue 1 day of time off in lieu (TOIL) for each 12 work days of school based work performed.
  • Highly Accomplished and Lead Teacher Allowance (HALT)

    • The Agreement provides that ‘Highly Accomplished Teachers and Lead Teachers’ may be considered members of the school executive or leadership team; however this will be improved to clarify they are not substitutes for Senior Teacher positions required for the effective running of a school.

    The parties have further noted new federal funding incentive options are being introduced and the Department of Education will work with the AEU to consider improvements to support teachers in applying for the incentives.

  • Commitment re NTPS Common Core Conditions

    A commitment that any improvements to NTPS common conditions introduced in the 2025 NTPS General Agreement, will be passed on to employees including:

    • Parental and special maternity leave
    • Reproductive leave including, inter alia: IVF menstruation, premenstrual issues, menopause (including perimenopause)
    • Cultural and ceremonial leave
    • Fares out in lieu (FOIL Fares)
    • Infectious diseases leave
    • Community language allowance

Have your say – your feedback is important

The Australian Education expect to provide a response to my offer by 24 July 2024. Should you wish to express a view on the offer or make a suggestion, you can provide your feedback to me by emailing enquiries.ocpe@nt.gov.au

More information

Regular bargaining updates will be posted to the OCPE webpage at NTPS non-contract principals, teachers and assistant teachers enterprise agreement negotiations.  Information on bargaining in general can be obtained at www.fwc.gov.au or you can contact the Fair Work Commission information line on
1300 799 675.