Teachers - Know Your Rights
- Permanency for teachers is enshrined in the Teachers (Public Sector Primary and Secondary Education) Award 1993 Clause 7.
- This clause states that a position is only fixed term and casual if the program of work is limited (e.g. a federally funded contract) or it is a leave vacancy.
- IPS and Local Selection positions must abide by these requirements.
AWARD Clause 7. – PERMANENCY AND TENURE
01 The Department is committed to the engagement of Teachers and School Administrators on a permanent basis. Fixed term and casual contracts will only be used to the extent that the position is unable to be filled on an ongoing basis due to it being:
- (a) For a defined and limited program of work; or
- (b) A vacancy due to leave of absence.
02 Fixed term contracts, subject to the above, will be for the maximum possible duration.
03 (a) The Department will continue to engage Teachers on a permanent basis where a suitable vacancy occurs in accordance with the Department’s policy on permanency for all teaching staff.
- (b) Changes to the policy on permanency and tenure are to be negotiated between the Parties.
04 This clause applies to all positions including locally selected positions.
Assert Your Rights
Action for members and Union Reps where Award cl 7 is not being adhered to:
- 1. Obtain the facts regarding the teaching position from the principal and/or DOE staffing
- 2. Work with the Union Rep to progress your case.
Union Rep Action:
- 1. Contact your union via Member Assist – with background materials and case details.
- 2. Provide the member with support and advice.
- 3. Provide the branch members with the background and facilitate possible branch action.
Union Office Action:
- 1. Member Assist will provide advice to clarify and/or progress the matter.
- 2. Member Assist will refer the case to EREC ICG (Employee Relations Executive Committee – Industrial Coordination Group)
- 3. If unresolved the Union will proceed to the industrial relations commission.