3.9 Surplus Staffing and Merger Provisions

3.9.1 Application of Provisions in This Part

  1. General
    The following provisions set out the processes and entitlements applicable where in a school (or centre), other than the Correspondence School, either a surplus staffing or merger process has been initiated. The provisions that apply to the Correspondence School are in Part Eleven of this agreement. Attention is drawn to the provisions in 4(1A) (c) and 4 (4) (e) of the Employment Relations Act.
  2. Application Only to Permanent Teachers
    These provisions apply only to a teacher appointed as a permanent secondary teacher or a permanent specialist teacher of technology who comes within the coverage in clause 1.4(a).
  3. Surplus Staffing Process
    The positions to be disestablished or altered in status in a surplus staffing process are to be determined in accordance with clause 3.9.3 and other relevant parts of clause 3.9.
  4. Merger Process
    The positions to be reconfirmed, reassigned, altered in status or disestablished in a merger process are to be determined in accordance with clause 3.9.4 and other relevant parts of clause 3.9.
  5. Voluntary Options
    1. Any teacher (including a teacher holding a job sharing position) whose position as a permanently appointed secondary teacher or specialist secondary teacher of technology who comes within the coverage in clause 1.4(a) is disestablished in accordance with clause 3.9 as a result of voluntary election or otherwise, has the options available, where applicable, as provided for in clause 3.9.
    2. The options will become available at the date of disestablishment.
    3. The teacher must advise the employer before the date of disestablishment which option they have selected. If no selection is made by this date the teacher will be deemed to have supernumerary status.
    4. The options are:
      1. Supernumerary employment;
      2. Retraining;
      3. Severance payment; (this option does not apply where the teacher volunteers to be considered for disestablishment as set out in clause 3.9.3(c); and
      4. Long service payment.
    5. The options set out in this sub-clause shall have the meaning set out in clause 3.9.7 below and apply in the manner set out in that clause.
  6. Trained Permanent Employees in Their First Year (Merger Process)
    In a staffing merger process, trained permanent employees in their first year shall be reconfirmed or reassigned and may not volunteer for the voluntary options.
  7. Trained Beginning Permanent Employees in Their First Year (Surplus Staffing Process)
    In a surplus staffing process, trained beginning employees in their first year have absolute protection and their positions cannot be considered for disestablishment.

3.9.2 Definitions

Functionally equivalent means positions in middle or senior management which are generally similar in role, duties and status and which require similar qualifications, training, skills and experience but may have different titles and unit allocation. Note:  Middle management positions may include positions without units but which have subject responsibilities attached.  Such positions may be referred to by titles such as ‘Teacher in Charge of a subject’.
Merged school the continuing school from the date of merger.
Merger process

means the process to be followed where by reason of a merger of a school (or centre)

  1. the employer is required to reconfirm or reassign teaching positions, or
  2. to alter the status of positions to which units are allocated; or
  3. to reduce, by disestablishment, the number of teaching positions.
Merging schools includes the merging school(s) before the date of merger.
Merit means the most suitable person and primarily includes assessment of qualifications, training, skills and experience.
Reassignment shall mean the process that applies to functionally-equivalent positions.
Reconfirmation shall mean the process whereby teachers without permanent units are transferred to suitable positions at the merged school.  
Surplu sstaffing process

means the process to be followed where by reason of either:

  1. a reorganisation of, or a change in the attendance at, or the sale or transfer of, a school or centre; or
  2. the closure, or change of class of a school or centre

an employer is required to either:
  1. reduce, by disestablishment, the number of teaching positions; or
  2. alter the status of positions to which units are allocated.
Suitable position is one which has similar duties and/or for which the applicant is appropriately qualified and experienced or could become so with reasonable access to re-training.
Voluntary options means, where applicable, the options described in clauses 3.9.1(e)(iv) and 3.9.7 as applied in those clauses.
Attrition attrition is the non-replacement of employees who die, retire, resign, transfer or are promoted.

3.9.3 Surplus Staffing Processes

  1. Employer to Advise Number of Positions to Be Disestablished or Reduced in Status
    These provisions apply where a school is required to reduce staffing or alter the status of positions due to a surplus staffing process.
    The employer shall inform employees of the number of full-time teaching equivalent (FTTE) positions to be disestablished and the number of positions to which units are allocated to be altered in status.
  2. Use of Attrition Where Possible
    The employer shall attempt to meet any reduction required by the use of attrition. The employer will adopt a policy of reviewing vacancies when staff surpluses are expected to arise whereupon a partial or complete freeze will be placed on recruiting new permanent employees and/or promotions.
  3. Three Voluntary Options Available Where Attrition is Insufficient
    Where the reduction in staffing or alterations in status of positions cannot be fully met by attrition the following voluntary options, as defined in clause 3.9.7 of this Agreement, will be made available to employees:
    1. Supernumerary employment;
    2. Retraining;
    3. Long service payment
    provided that the employer shall not be bound to agree to any voluntary offer. The employer’s decision shall be final.
    Note: In the case of employees who are job sharing this clause will only apply where both employees volunteer for the options.
  4. Curriculum and Pastoral Needs Analysis Where Attrition and Voluntary Options Insufficient
    Where the staffing reductions or alterations in status cannot be fully met by using attrition and voluntary options the remaining reductions or alterations shall be made in accordance with the following:
    1. A detailed analysis of the school’s current curriculum and pastoral needs (CAPNA) and of the projected needs for the following year will be carried out after consultation with employees. The completed analysis will be made available to employees and the Association.
    2. The employer after consultation with a nominee of the national executive of the Association will identify the basic scale teaching positions to be disestablished in accordance with the following guidelines in the order stated:
      • the curriculum balance within the school and pastoral care considerations;
      • the tenure of the position(s) being considered; and
      • the duration of service in the school of employees holding any positions being considered.
  5. Four Options Available Where Position Disestablished Following CAPNA
    Any teacher whose position is disestablished as a result of the operation of clause 3.9.3(d) above shall have available the following options, as defined in clause 3.9.7 of this Agreement:
    1. Supernumerary employment;
    2. Retraining;
    3. Severance payment;
    4. Long service payment.
  6. Teacher Competence Not Relevant in Determining Positions to be Disestablished
    A judgement of whether the teacher is competent to teach is not one of the criteria for selection and should not be a consideration for disestablishment. Matters of competence shall be dealt with in terms of clause 3.3 of this Agreement.
  7. Process Where Positions (to Which Units are Allocated) Are to be Altered in Status
    1. The employer after consultation with a nominee of the national executive of the Association will identify the positions to which units are allocated to be altered in status in accordance with the following guidelines in the order stated:
      • the balance of the distribution of the units within the school and will take cognisance of the administrative, curricular and pastoral needs of the school;
      • duration of service in the school of employees holding any positions being considered.
    2. A teacher whose position is reduced in status shall have available the period of salary protection set out in clause 3.9.8(b) of this Agreement.
  8. Period of Notification Where Position Disestablished or Reduced in Status
    A teacher whose position is to be disestablished or reduced in status shall be:
    1. Notified of the change at least two months before the effective date of disestablishment or reduction; and
    2. In the case of employees whose position is to be disestablished, notified of the options available in clause 3.9.1(e) and clause 3.9.3; or
    3. In the case of employees whose position is to be reduced in status, notified of the options available in clause 3.9.8 and clause 3.9.3.
  9. Re-establishment of Positions Following Issuing of Disestablishment Notices
    Re-establishment of positions which become available after the issuing of disestablishment notices:
    1. When disestablishing positions or units in accordance with clauses 3.9.3(d) - (g) above the employer shall determine and record the order of disestablishment.
    2. If, as a consequence of roll change or staff changes following the issuing of notice(s) of disestablishment, one or more positions become available then, in the curriculum areas in which the positions have become available, the notice(s) of disestablishment shall be withdrawn in reverse order to the record of disestablishment.

3.9.4 Merger Processes

  1. Commencement date of staffing merger process and filling of vacancies at that time
    The staffing merger process in clause 3.9.4 below shall be followed from the date the merger is Gazetted except as provided. Actual vacancies that appear at the school from the Gazetting of the date of merger shall be filled with temporary appointments, except that if curriculum delivery is threatened, the employer may determine, in consultation with the Ministry of Education that any such position may be made permanent, subject to any staffing limitations.
  2. Purpose of provisions Including Use of Attrition Where Possible
    The purpose of these provisions is to:
    1. Provide a staffing merger process that facilitates a fair and orderly transition
    2. Ensure an appropriate management structure is in place to enable the re-organised school to function efficiently and effectively;
    3. Ensure continuity of curriculum delivery at the merging schools prior to merger
    4. Ensure that as many teachers as possible currently employed are re- assigned or re-confirmed to positions in the process of merger. Throughout the staffing merger process the employer shall attempt to meet any reduction required by the use of attrition.
    5. Ensure the curriculum, management and pastoral needs of the reorganised school are met.
  3. Merger Committee to Conduct Staffing Needs Analysis
    A merger committee will be established to implement the staffing merger process.
    The merger committee, in consultation with the nominee of the Executive of the Association, shall work to document:
    1. an analysis of the current staffing usage at the affected schools; and
    2. a teacher/subject analysis. This will include subjects taught at each year level over recent years; and
    3. an analysis of the likely curriculum, pastoral, and management positions of the merged school.
  4. Preparation of Draft Staffing Schedules
    1. Following the staffing needs analysis, draft staffing schedules shall be developed and made available to each teacher, and to the nominee(s) of the Executive of the Association.
    2. Unless otherwise agreed, no less than five (5) working days will be provided for comment and feedback to the representative of the employer before any further step is taken.
    3. A further three (3) working days will be provided for comment on any alterations to the initial draft staffing schedules.
  5. Expressions of Interest in Teaching Positions
    1. When the new staffing structure is announced, the employer shall invite all teachers to express a preference (or preferences) in writing, for a teaching position (or positions) at the merged school.
    2. Teachers shall have at least 1 calendar week’s notice of the closing date for expressions of interest in the positon(s) at the merged school.
  6. Voluntary Options
    1. Following the publication of the staffing schedules, the employer boards shall seek written expressions of interest in the following voluntary options, as detailed in clause 3.9.7 of this agreement:
      1. supernumerary employment of 40 (forty) school weeks at the merged school (see 3.9.7(1));
      2. supernumerary employment of 40 (forty) school weeks in another school (see clause 3.9.7(1);
      3. retraining (see 3.9.7(2));
      4. severance (see 3.9.7(3));
      5. long service payment (see 3.9.7(4).
    2. Teachers may continue to volunteer for the options without prejudice or withdraw from them at any point in the staffing merger process, providing the employer has not already accepted the offer in writing.
    3. The employer shall not be bound to agree to any voluntary offer. The employer’s decision shall be final.
  7. Re-assignment to Functionally Equivalent Positions
    1. If a teacher expresses a preference for a position that is determined to be the functional equivalent of their current position, and they are the only suitably qualified and experienced teacher for that position, they shall be reassigned to that position, subject to the provisions in this clause.
    2. Teachers may be reassigned to the teacher’s preferred position or to a position for which they are appropriately qualified and experienced.
    3. Where there are more teachers in positions that are functionally equivalent, than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those teachers and shall reassign the most suitable candidate(s) based upon merit.
    4. The number of units (or, where applicable, the number of middle management allowances) held by a teacher shall not give a greater or lesser entitlement to a functionally equivalent position at the merged school.
    5. A teacher who is reassigned to a position with fewer permanent units shall be reminded of the options available in clause 3.9.4(f).
    6. Teachers who are not reassigned to a functionally-equivalent position at the merged school may, subject clause 3.9.4(h), be reconfirmed in a teaching position.
  8. Reconfirmation
    1. The employer shall reconfirm (as defined in clause 3.9.2 above) employees to suitable positions at the merged school. Reconfirmation may be to a teacher’s preferred position or to a position for which they are appropriately qualified and experienced.
    2. Where there are two or more teachers eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based upon merit.
    3. Teachers who are not reconfirmed in a position in which they have expressed interest at the merged school may be reconfirmed in any vacant teaching position for which they are suitable, or could become suitable with access to re-training.
  9. Process Where Positions Remain Unfilled
    1. Where positions are created at the merged school that have no direct equivalent in the merging schools, such position(s) shall be advertised nationally in the Education Gazette and existing teachers may apply for them. Selection shall be on merit with no automatic right to such positions.
    2. Actual vacancies at the merged school that remain unfilled after the completion of the processes for reconfirmation and reassignment shall be advertised nationally in the Education Gazette. Selection shall be on merit with no automatic right to such positions.
  10. Notice
    The employer shall give notice of all positions that are to be disestablished at least two months prior to the date of disestablishment.
  11. Date of Disestablishment of Positions
    1. Subject to (ii) below, the positions of permanently appointed teachers who are not reconfirmed or reassigned to positions in the merged school through the operation of (g) and (h) of this clause shall be disestablished on the last day of the school year in which the merger is Gazetted.
    2. If, as a consequence of exceptional administrative delays, the notice of disestablishment has been issued after 27th November in the year of the Gazetting of the merger, then the date of disestablishment shall be two months from the date that the notice was issued.
  12. Latest Timing of Offer of Voluntary Options
    1. Teachers whose positions are to be disestablished, and who have not already identified voluntary options, must be offered the options identified in (f) of this clause at least two months before their positions are disestablished.
    2. If, during the two-month notice period, a suitable permanent position arises at the merged school the teacher may seek reassignment or reconfirmation to that position and if suitably qualified and experienced he/she shall be reassigned or reconfirmed in that position.
    3. The provisions of 3.9.7 of this Agreement shall apply from the date of disestablishment.
  13. Supernumerary Status Where No Option Selected
    1. no option has been selected by the effective date of disestablishment, the teacher will be deemed to have supernumerary status in the merged school.
    2. Upon termination of the supernumerary period, teachers who complete their supernumerary employment of 40 school weeks at the merged school and have yet to secure a permanent position in another state or state-integrated school, will retain an entitlement to removal expenses as per clause 8.2 and Appendix C of this Agreement for a period of 12 months from the cessation of their supernumerary employment. This entitlement will cease on permanent appointment to another teaching position in a state school.
  14. Options for permanent part-time teachers
    1. A permanent part-time teacher who is offered a position with reduced hours at the reorganised school may either elect:
      1. that the position has been disestablished and the provisions of (f) of this clause shall apply; or
      2. to accept the position with reduced hours, in which case from the date of disestablishment the teacher shall be timetabled for the reduced number of hours but for a period of forty school weeks shall continue to be paid for the number of hours which applied to the original position.
    2. A permanent part-time teacher who elects the option in (i) b of this clause shall receive an allowance calculated as the difference between their fortnightly salary in the new position accepted by the teacher and their fortnightly salary based on the number of hours which applied to the original permanent position. Where the teacher’s hours are increased during any one fortnight, the value of the allowance in that fortnight shall be abated accordingly. The value of the allowance shall not increase where the teacher works reduced hours in the new position in any one fortnight. The teacher shall receive the allowance over the number of weeks of entitlement set out in (i) b of this clause.
  15. Salary Protection For Permanent Unit Holders Moving to Reduced Status Positions
    All holders of permanent units who are reconfirmed or reassigned to positions at the reorganised school which are reduced in status as a result of the application of these provisions shall have salary protection for 1 year from the establishment of the merged school.
  16. Continuation of Fixed-Term Units
    Fixed-term units already allocated to teachers prior to the official date of merger shall continue until the agreed expiry date of those units where the teacher is reconfirmed or reassigned at the merged school.
  17. Determination of Use of Unallocated Units
    At the beginning of the new school year, the employer shall under clause 4.3.1 of this Agreement, following consultation with the teaching staff, determine the use of any unallocated units subject to (p) of this clause.

3.9.5 Effective Date of Disestablishment Following Merger and Surplus Staffing Processes

Positions identified as surplus in the procedures set out in clause 3.9 will be effectively disestablished at the start of the next school year.

3.9.6 Period Following Issue of Notice and the Effective Date of Disestablishment

In the period between notice of disestablishment being given and the effective date of disestablishment, the following provisions shall apply:

  1. Withdrawal of Disestablishment Notice in Certain Circumstances
    Where a teacher’s position is to be disestablished and where, before the effective disestablishment of that position takes effect, the roll increases sufficiently to justify its continuation at its current level, the notice of disestablishment will be withdrawn and the teacher concerned shall continue in the position at the level which existed prior to the notice of disestablishment being issued unless that teacher has, in the meantime, resigned or been appointed to another permanent position. Where there is more than one suitable teacher the provisions of clause 3.9.4(i) will operate.
  2. Advertising Positions at Replacement School Following Closure
    Where, as a consequence of the closure of a school through a surplus staffing process a replacement school is created, positions at the replacement school shall be advertised nationally in the Education Gazette and notice of intention to advertise shall be given to the Board of the closing school. Teachers at the closing school may apply for the advertised positions. Selection shall be on merit with no automatic right to appointment. The entitlement to the options set out in clauses 3.9.1(e) and 3.9.7 applies where the teacher does not secure a position in the replacement school.
  3. Applications for Position of Equal/Lower Status at Merged/Reclassified School
    Where, in the case of the merger or change of class of a school as a consequence of the operation of clause 3.9 a teacher applies for a permanent teaching position of equal or lower status for which they are suitable at the merged or reclassified school, then the provisions of clause 3.9.4(g), (h) and (i) shall apply. The entitlement to the options set out in clause 3.9.1(e) and 3.9.7 applies where the teacher does not secure a position in the new school.
  4. Provision of Support by Employer
  5. Prior to the effective date of disestablishment of a position the employer will support the teacher’s finding a suitable alternative permanent teaching position either within or outside the school and will meet the actual and reasonable costs of attending interviews at other schools where prior approval is given.
  6. No Compensation if Teacher Declines Offer of Suitable Appointment
    Where a teacher holds a position which is about to be disestablished and, before the effective date of disestablishment, the teacher declines an offer of suitable permanent appointment at the same salary from their employer or applies for and declines an offer of appointment to a teaching position for which the teacher is suitable from another board, the teacher’s employment may be terminated from the effective date of disestablishment and no further compensation paid.
  7. Entitlement to Removal Expenses in Certain Circumstances
    Where a teacher is appointed, under the provisions of this part, to a suitable permanent teaching position with another board and a transfer of location is involved, the teacher shall be entitled to normal removal expense provisions provided that this entitlement shall be exercised for one transfer only.

3.9.7 Voluntary Options

The options set out in clause 3.9.1(e) shall have the meaning set out in this clause and apply in the following manner.
The term “school weeks” used in clause 3.9.7(1) and 3.9.7(2) mean those weeks forming part of the period during which in the normal course of events the school would be open for instruction.

  1. Supernumerary employment
    Supernumerary employment is employment for a period of up to thirty (30) school weeks. A teacher whose position is disestablished as a result of voluntary election or otherwise who has either elected to be employed as a supernumerary teacher, or who has not taken up any of the other options set out in clause 3.9.1(e) before the date of disestablishment, shall be entitled to supernumerary employment in accordance with the following provisions:
    1.  
      1. Generally
        The teacher will continue to be employed at their existing salary for a period of thirty (30) school weeks from the effective date of the disestablishment of the position (normally at the beginning of term one of the following year).
      2. School mergers
        In the case of school mergers the teacher may elect to be employed at their existing salary for a period of forty (40) school weeks at the merged school or in any other school – provided that the board of that school gives consent – from the effective date of the disestablishment of the position and the provisions of clause 3.9.4(f)(i) a and 3.9.4(f)(i) b apply.
      3. School closures
        In the case of school closure the teacher may be supernumerary for forty (40) school weeks in any other school provided that the board of that school gives consent.
    2. Teacher options
      The teacher may elect to take up their supernumerary employment at the same school or at any other school at the request of the teacher and with the approval of the original employer and the board at the other school.
    3. Provision of Support by Employer
      The employer will encourage the teacher to find a suitable alternative permanent teaching position and will meet the actual and reasonable expenses of attending interviews at other schools where prior approval is given.
    4. Appointment to Suitable Permanent Positions
      If during the supernumerary period the teacher applies for a permanent position of equal or lower status for which they are suitable at the school or centre where they are employed at the time, they shall be appointed to, or in the case of a merger reconfirmed or reassigned to, that position.
    5. Termination of Supernumerary Period
      The teacher’s supernumerary employment shall cease upon the teacher being appointed to a new teaching position or upon the teacher choosing to resign or at the expiration of the applicable number of school weeks specified in 3.9.7(1)(a) from the effective date of the disestablishment of the position, whichever is the earlier.
    6. Time the Supernumerary Position Commences
      In the case of the closure, merger, sale or transfer of, or change of class of a school the supernumerary period shall begin on the date of the opening of the new school, unless the teacher takes up their supernumerary position at another school in terms of (b) above, in which case supernumerary status will begin from the effective date of disestablishment. Where a school is closed without replacement the teacher is entitled to the options set out in clause 3.9.1(e).
    7. Removal Expenses
      Where a supernumerary teacher is appointed to a new permanent teaching position and a transfer of location is involved, that teacher shall be entitled to normal removal expense provisions provided that this entitlement shall be exercised once only for each supernumerary period.
      Note: Attention is drawn to 8.1.1(h) in relation to removal expenses.
    8. Supernumerary Status Will Cease if Suitable Offer Declined
      Where a supernumerary teacher declines an offer of suitable appointment at the same salary from the employer with whom they are employed at the time, or applies for and declines an offer of appointment from another board, the teacher’s supernumerary status shall cease forthwith.
    9. Salary Increases/Increments Preserved
      During any period of supernumerary employment a teacher is entitled to any salary increases or increments due.
  2. Retraining
    Where a teacher‘s position is disestablished as the result of voluntary election or otherwise the teacher may elect to take a course of study approved by the Secretary for Education that will enhance or upgrade the teacher’s skills as a secondary school teacher, provided that:
    1. Supernumerary Status for a Maximum of (40) School Weeks
      The teacher will continue to be employed at their existing salary for a maximum period of forty (40) school weeks from the effective date of the disestablishment of the position (normally at the beginning of term one of the following year).
    2. The teacher is employed as a supernumerary teacher during this period and has the rights and obligations of a supernumerary teacher except as specifically provided in this clause.
    3. No Employer Contribution to Costs
      There is no requirement on the employer to meet any costs and expenses of training, including course fees.
    4. Provision of Evidence That Retraining Undertaken
      The teacher will provide evidence of attendance at the approved course of study where requested by the employer. The employer may make enquiries during the retraining period to establish that the teacher is undertaking the approved course of study.
    5. Supernumerary Status Affected by Duration of Course of Study
      Where the approved course of study is for a shorter period than forty (40) school weeks the teacher is required to attend the school as a supernumerary teacher in periods when the school is open for instruction provided that where the approved course of study is less than the applicable period under 3.9.7(1)(a) supernumerary status from the effective date of disestablishment of the position shall not extend beyond that period.
    6. Where the course of study commences later than the effective date of disestablishment, the teacher is required to attend the school as a supernumerary teacher in periods when the school is open for instruction, except in special circumstances approved by the employer.
    7. Where the teacher chooses to withdraw from the course before its completion, further employment shall cease, except where the employer and the Secretary for Education agree that there was just cause for the withdrawal, the teacher shall return to the school as a supernumerary for the remainder of the retraining period.
  3. Severance Payment
    Except where otherwise provided in clause 3.9, where a teacher’s position is disestablished as a result of the application of the provisions in clause 3.9, the teacher may elect to be paid a severance payment provided that:
    1. Deemed Supernumerary Status until Severance Payment Made
      The teacher will be deemed to have supernumerary status for the period after disestablishment until severance payment is paid. This period will usually be that between the beginning of the next school year and the first (1st) of March census of the school roll. During this period, the rights and obligations of a supernumerary teacher will apply.
    2. Effect of Early Payment of Severance Where Closed School Not Replaced
      Where a school is closed without replacement at the end of a school year the teacher shall receive a salary for the supernumerary status up to 1 March. The severance payment shall be paid in the pay period immediately after 1 March. A teacher may request to be paid the severance payment prior to 1 March (although no earlier than the end of the school year) and in these circumstances the payment for the supernumerary period shall be for the period between the end of the school year and the date of payment of the severance payment.
    3. Calculation of Severance Payment
      Payment under this clause will be made in accordance with the provisions below. For the purpose of these provisions, ordinary pay is defined as basic taxable salary, plus regular taxable allowances paid on a continuous basis as at the effective date of disestablishment of the position. For teachers on leave without pay, ordinary pay shall be the ordinary pay at the time of taking leave.
    4. A teacher whose position is disestablished who elects to take a severance payment shall be paid according to the table below:

      Length of Service Weeks of Payment (ordinary pay)
      Up to 3 years 7 weeks
      Over 3 years and up to 5 years 15 weeks
      5 years and over 23 weeks
    5. Calculation of Length of Service for Severance (and Long Service) Payment
      For the purposes of calculating length of service for clause 3.9.7(3) and 3.9.7(4) only service as a teacher in a state or integrated school shall be counted. Non-permanent part-time service shall be calculated on the basis that 80 hours equals one month’s service and 1000 hours equals one year’s service. Where non-permanent part-time service consists of 20 or more hours per week it may be credited as full-time service. For the purposes of this clause service includes service credits for childcare where a teacher resigned or took leave to care for their children, on the basis of one third credit for each year of such leave up to a maximum of five years’ credit.
    6. Circumstances Where Refund of Portion of Severance Payment Required
      Where a teacher having received a severance payment commences permanent employment within a number of weeks which is less than the number of weeks of payment received by the teacher as a severance payment under clause (3)(c) above, the teacher shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which severance payment was received. Provided that, for the purposes of this clause, employment means employment as a teacher in a state or integrated school or employment as a specialist secondary teacher of technology who comes within the coverage of clause 1.4(a).
    7. Effect of Severance Payment on Future Service
      Any teacher receiving the severance payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance or long service payment entitlements.
    8. Definition of “Pay”
      Pay for employees shall be defined as:
      1. For full-time employees, “Weekly” pay shall be 7/365 of ordinary pay.
      2. For part-time employees, “Weekly” pay shall mean the teacher’s average weekly earnings for the previous six/twelve months (whichever is more favourable to the teacher).
      3. Payment under this provision is conditional upon the teacher finishing on an agreed date (usually the first of March). Where the teacher resigns her/his position or is appointed to another teaching position before the date of payment no payment will be made.
  4. Long Service Payment
    1. Deemed Supernumerary Status until Long Service Payment Made
      Where a teacher’s position is disestablished either as the result of voluntary election or otherwise the teacher may elect to receive a long service payment. The intention of this payment is to assist the teacher to withdraw from the teaching service. This option will be available on the following basis:
      1. the teacher will be deemed to have supernumerary status for the period from the effective date of disestablishment until long service payment is paid. This period will usually be that between the beginning of the next school year and the first (1st) of March census of the school roll. During this period, the rights and obligations of a supernumerary teacher will apply;
      2. those with twenty-five (25) years’ service and less than thirty (30) years’ service shall be paid a lump sum of twenty-five (25) weeks’ ordinary pay;
      3. those with thirty (30) years’ service or more shall be paid a lump sum of thirty (30) weeks’ ordinary pay;
    2. Effect of Early Payment of Long Service Where Closed School Not Replaced
      Where a school is closed without replacement at the end of a school year the teacher shall receive salary for the supernumerary status up to 1 March. The long service payment shall be paid in the pay period immediately after 1 March. A teacher may request to be paid long service prior to 1 March (although no earlier than the end of the school year) and in these circumstances the payment for the supernumerary period shall be for the period between the end of the school year and the date of the payment of the long service payment.
    3. Definitions of “Service” and “Weekly Ordinary Pay” for Long Service Payment
      For the purposes of the long service payment the definitions of service and of weekly ordinary pay are the same as those for severance set out above.
    4. Circumstances Where Refund of Portion of Long Service Payment Required
      Where a teacher having received a long service payment commences permanent employment within a number of weeks which is less than the number of weeks of payment received by the teacher as a long service payment under clause (4)(a) above, the teacher shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which long service payment was received; provided that, for the purposes of this clause, employment means employment as a teacher in a state or integrated school or employment as a specialist secondary teacher of technology who comes within the coverage n clause 1.4(a).
    5. Effect of Long Service Payment on Future Service
      Any teacher receiving the long service payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance or long service payment entitlements.
    6. Payment under this provision is conditional upon the teacher finishing on an agreed date [usually the first (1st) of March].

3.9.8 Preference in Appointment

  1. Preference for Re-appointment Prior to Dis-establishment of Position
    Where a position which has permanent units attached has been reduced in status because of the operation of clause 3.9 and the actual roll is sufficient to justify its re-establishment (or its continuation or resumption at the former level if altered in status) before the actual disestablishment of that position takes effect the teacher concerned shall be entitled to be reappointed to the position at the re-established level unless they have resigned or been appointed to another permanent position.
    Note: This sub-clause is not applicable to the holder of fixed-term unit(s).
  2. Preference of Appointment to Position at New Status and Salary Protection
    Any teacher who holds a position which has permanent units attached, and that position is or is about to be altered in status as a consequence of the operation of clause 3.9, who applies for the position as advertised at its new status shall be appointed to that position unless in the meantime the teacher has been appointed to another permanent position provided that where the position has been reduced in status the teacher concerned shall continue to be paid at the salary they were receiving immediately prior to the reduction for a period of one year from the effective date of the reduction provided that they continue to hold that position.
    Note: This sub-clause is not applicable to holders of fixed-term unit(s).
  3. During any period of salary protection a teacher is entitled to any salary increases or increments due.

3.9.9 Where a teacher appointed to a position to which unit(s) are allocated loses that position or has the position altered in status because of the application of the surplus staffing provisions of this agreement the salary protection arrangements of those provisions shall apply provided:

  1. that where the allocation has been made on a fixed-term basis the period of protection shall be for the lesser of the term of the appointment agreed or for one year while the teacher continues to hold a position at the school; and provided also:
  2. that in no case shall the eventual salary reduction be to a rate less than would otherwise apply had the teacher not been appointed to a position to which unit(s) had been allocated. For the sake of clarity, any increments received or due in accordance with clause 4.2.3 or 4.3.7 or 4.1.4 above shall remain payable or due notwithstanding the teacher’s reduction in status.

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