Specialist Residential Schools' Collective Agreement

2.1.1 Full-time, permanent employment will be the norm, however:

1. 1. The employer may engage part-time salaried employees where the work is as follows: 
      1. 1. ongoing (that is, not temporary, seasonal or fluctuating in nature); and
         2. of a type which would be performed by full-time employees if it were full time; and
         3. it involves a regular work pattern which should normally be at least 15 hours per week; and is
         4. capable of being performed efficiently on a part-time basis.
   2. Fixed term employment
      1. 1. The employer may engage temporary or fixed-term employees where the work is temporary, seasonal or fluctuating in nature, including acting in a relieving capacity.
         2. An employee and an employer may agree that the employment of the employee will end:
            1. 1. at the close of a specified date or period; or
               2. on the occurrence of a specified event; or
               3. at the conclusion of a specified project.
         3. Before an employee and employer agree that the employment of the employee will end in a way specified in subsection (b)(ii) the employer must:
            1. 1. have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way; and
               2. advise the employee in writing of when or how his or her employment will end and the reasons for his or her employment ending in that way.
         4. The following reasons are not genuine reasons for the purposes of subsection (b)(iii)(a) -
            1. 1. to exclude or limit the rights of the employee under the Employment Relations Act 2000(external link):
               2. to establish the suitability of the employee for permanent employment.

2.2.1 A permanent employee who resigned from the School to care for pre-school children may apply to re-enter that School under preferential provisions provided that:

1. 1. The absence does not exceed four years from the date of resignation or, five years from the date of cessation of duties to take up parental leave.
   2. The applicant must:
      
      1. 1. produce a birth certificate for the pre-school child;
         2. sign a statutory declaration to the effect that absence has been due to the care of a pre-school child and paid employment has not been entered into for more than 15 hours per week or other income received during that absence.
            Note: Where paid employment has been entered into for substantially more than 15 hours per week, or other income earned is in excess of $8625 pa, eligibility will be at the discretion of the employer.
   3. An applicant seeking to return to a School must give at least 3 month’s notice and renew that notice at least one month before the date he/she wishes to return to work or one month before the expiry of the period in (a), whichever is the earliest.

2.2.2 Where the applicant meets all the provisions of Clause 2.2.1 above and at the time of application:

1. 1. has the necessary skills to fill competently a vacancy which is available in the School; and
   2. the position is substantially the same in character and at the same or lower salary and grading as the position previously held,
      
      then the applicant under these provisions is to be appointed in preference to any other applicant for the position.

2.2.3 Absence for child care reasons will interrupt service but not break it. The period of absence will not count as service for the purposes of sick, annual, or any other leave entitlement.

2.2.4 There shall be no right of review against the appointment of an applicant under these provisions unless the applicant is appointed to a position at a higher grade than that held at the time of resigning.

2.2.5 If an applicant under these provisions is not appointed to any position within three months after the expiry of the period in clause 2.2.1 (a) the benefits of these provisions will lapse.