Bulletin 8 - teacher in-charge of a preschool allowance - issued 10 September 2024
As reported in Bulletin 7 the proposed Northern Territory Public Sector Educators’ 2024-2027 Enterprise Agreement PDF (1.1 MB) (the Agreement) has been distributed for your consideration, prior to casting your vote in the ballot commencing on 12 September 2024.
During drafting the parties had agreed to clarify the ‘Special Allowance’ provisions of the Agreement.
There was no intention to change the entitlement to the Teacher in-charge of a preschool allowances, except to increase the allowance rates over the term of the agreement. However, it has been identified that the following two provisions were varied in drafting, inadvertently increasing the number of teachers required to qualify for the allowance (i.e. from two or more teachers to three or more teachers; and from one teacher to two or less teachers).
Clause in the proposed Agreement reads:
44.1(d) - Teacher in-charge of a preschool with three or more teachers is a teacher performing duties as a senior teacher, which can include a semi-autonomous preschool where three or more teachers are employed, provided that none of the latter teachers are classified as a senior teacher; and
44.1(e) - Teacher in charge in a preschool with two or less teachers is a teacher performing duties as a teacher in charge in a preschool where two or less teachers are employed, provided that neither person is classified as a senior teacher.
These clauses should have read:
44.1(d) - Teacher in-charge of a preschool with two or more teachers is a teacher performing duties as a senior teacher, which can include a semi-autonomous preschool where two or more teachers are employed, provided that none of the latter teachers are classified as a senior teacher; and
44.1(e) - Teacher in charge in a preschool with one teacher is a teacher performing duties as a teacher in charge in a preschool where one teacher is employed, provided that person is not classified as a senior teacher.
Commitment to maintain current teacher in-charge provisions
Subject to the Agreement being voted for by a majority of employees who vote in the ballot, the Australian Education Union NT (AEU) have agreed to jointly request the assistance of the Fair Work Commission (FWC), to address the issue during the Agreement approval process, to provide the intended outcome of the parties and maintain the current entitlement.
If the FWC are unable to address the issue through the approval process, I intend to issue a Commissioner’s Determination to provide the intended conditions (as the clause should have read as noted above which would maintain the current number of teachers to qualify for the allowances).
Please note that if the Agreement is not approved by a majority of employees who vote in the ballot, the new salaries, allowances and conditions will not be able to be implemented and the current agreement will continue to apply.
More information
For further information on the proposed agreement (to have terms of the agreement explained to you, and the effect of those terms); the explanatory notes, or the ballot process, please contact Amee Brown at the Department of Corporate and Digital Development on 8999 3260, or OCPE at enquiries.ocpe@nt.gov.au or by phone on 8999 4282.
All bulletins related to this bargaining process are available at NTPS non-contract principals, teachers and assistant teachers enterprise agreement negotiations.
Nicole Hurwood
Commissioner for Public Employment
10 September 2024