Agreement certified at last!
Queensland Teachers' Journal, Vol 128 No 1, 17 February 2023, page no. 8
On 15 December 2022, the QTU appeared in the Queensland Industrial Relations Commission to support the application by the Department of Education to terminate the expired state school teachers’ certified agreement and support the certification of the proposed new agreement.
The application to certify the agreement was granted by the Commission, and the agreement now operates from 15 December 2022 until the nominal expiry date of 30 June 2025.
Following certification, the department provided the following advice to employees.
Permanent employees
Members employed on a permanent basis by the department on 15 December 2022 will be eligible for back pay effective from 1 July 2022. The department announced that backpay would be paid to eligible employees in the pay period fortnight ending 29 January 2023.
The department does not provide back pay for employees who retire or resign prior to the date of certification of the new agreement. This is standard practice across all government agencies.
Similarly, if an employee retires before the agreement is certified, QSuper (a division of ART) will calculate their superannuation pay-out on the basis of their existing salary, not the new rate in the agreement. Again, this is consistent practice across the superannuation industry.
Casual/supply teachers
If you are a casual teacher who has worked at least one day since 15 September 2022, you are eligible for backpay. If you have not worked within the three months prior to the date of certification (i.e. 15 December 2022) you are not eligible for backpay.
Temporary teachers
i Temporary teachers employed at certification date (i.e. 15 December 2022) are due any backdated arrears.
ii Temporary teachers who are not on contract on 15 December 2022 but who are subsequently re-employed with the Department of Education after this date and provided there is no break in service greater than 3 months would be entitled to back dated arrears.
In relation to (ii): An employee’s eligibility to arrears depends on when employment ceased and they were re-employed. For example:
- Temp teacher ceased 09/12/2022 would need to be re-employed by 09/03/2023 to be entitled to the arrears
- Temp teacher ceased 02/12/2022 would need to be re-employed by 02/03/2023 to be entitled to the arrears
- Temp teacher ceased 24/11/2022 would need to be re-employed by 24//02/2023 to be entitled to the arrears.
The QTU will now turn to the implementation of elements contained in the agreement, and will update our advice and information brochures, guides, and training materials.