22 May 2018
Dear QTU TAFE/CQU members,
Inquiries from members requiring clarification with regards to the award and certified agreement are being addressed each day. These enquiries can vary in nature, however some have a common theme and I will endeavour to address these in this and future TAFE Union News newsletters. I would encourage members to print and distribute these to fellow members and non-members.
Hours of work
The ordinary hours of duty for educators (covered by the Clause 15 of the award), exclusive of meal breaks, will be a maximum of 36.25 hours per week, nine hours per day and five consecutive days. The maximum ordinary programmed hours of work for educators will be 32 hours per week, 21 hours contact and 11 hours non-contact for a teacher, 24 hours contact and eight hours non-contact for a tutor. There is no reference in the award or certified agreement specifying that the 32 hours of duty is required to take place over the five days, Monday - Friday.
Averaging of contact hours over a pay period (two weeks) or longer is not permissible. If the timetable in any week does not contain the required amount of contact (or fraction), a teacher/tutor may make up the difference to 32 hours (or fraction) in non-contact time. However, they cannot be directed to make up the additional contact hours in a future week - this would incur an overtime penalty.
Ordinary hours of duty programmed before 08:00 or after 18:00 Monday to Friday, or on a Saturday, incur a penalty calculation that is solely the choice of the teacher/tutor. They are either:
1. by payment of $31.04 per hour for teachers/leading vocational teachers and $17.15 per hour for tutors in addition to the ordinary hourly rate of pay
2. by calculating the actual time worked at the rate of one and one-half times for recognising the teaching/tutoring contact time hours, for example if a teacher/tutor has a class from 18:00-21:00, 4.5 hours is to be calculated towards their contact hours for the week (this is the preferred method of calculation).
For work performed in excess of the 32 hours' programmed time in any given week, an educator may elect to be either compensated by payment of the additional hours at the overtime rate of pay or accumulate time off in lieu on the basis of time for time. Programmed hours must be on the pre-approved timetable, unless in an emergent circumstance. The timetable is required to be pre-approved in advance of the working week and failure may result in a programming dispute.
Payment for overtime by either method cannot be withheld, nor can any directive exist that conveys this. Any communication, either verbal or written that states otherwise, is in breach of the award and certified agreement.
The award defines non-contact time as time spent by an educator undertaking preparation and performing other regional duties. Non-contact duties are listed in Appendix 2 of the certified agreement.
Nothing is listed in the award or certified agreement the prohibits a teacher/tutor from completing a portion of their non-contact time away from campus, such as preparation or marking. Non-contact time must be recorded on the pre-approved timetable, including the negotiated non-contact time away from campus. A request by a teacher/tutor to undertake a portion of non-contact time away from campus should not be reasonably refused. A teacher/tutor must be contactable when undertaking non-contact time away from campus.
Programming and the delivery timetable
To quote clause 25.1 (a) of the certified agreement: “The parties recognise the professionalism of educators across TAFE Queensland and wish to empower teams to allocate workload in a way that meets the genuine needs of TAFE Queensland, employees, industry, and students”.
The delivery timetable will be developed through negotiation between the teaching team and the manager to allocate programmed time prior to the commencement of delivery. It is not the responsibility of the manager to complete the program and the delivery timetable and then direct the teacher/tutors to undertake these duties.
I have provided below a list of links which I thought might be useful to you.
Scott Tibaldi, TAFE Organiser
Queensland Teachers' Union
T: 07 3512 9000 | M: 0409 348 339 | F: 07 3512 9050
E: firstname.lastname@example.org | W: www.qtu.asn.au