Temporary to permanent changes
Queensland Teachers' Journal, Vol 128 No 4, 9 June 2023, page no.6
On Friday 5 May, the QTU received notification from the Department of Education that the necessary steps have been taken to terminate the Memorandum of Agreement – Temporary State School Teachers and Instrumental Music Instructors (the MOA), more commonly referred to as the Temporary to Permanent MOA.
What does this mean?
Essentially, the MOA is being replaced by the Public Services Act (the Act) and Directive 02/23- Review of non-permanent employment. The MOA was developed between the QTU and the department to create a pathway to permanency for temporary teachers, however due to the changes in the Act, the MOA is now unnecessary. Until 25 August, members can seek permanency under either the Act or the MOA.
What will change?
The process will remain largely the same, with some key changes which the QTU believes will go further to support temporary teachers seeking permanency. Under the Act, there will be two different processes though which temporary teachers can access permanency: an employer required review (after two years), or an employee requested review (after one year).
Employee required review
As was the case under the MOA, the department is required to review the employment status of an employee following two years of continuous employment. The Act allows for a break in service of 12 weeks or less, as did the MOA. The school vacation periods are “authorised leave”, and as such are not considered a break in service.
Employee requested review
An employee can request a review following one year of continuous employment. For those undertaking an employee requested review, breaks in service must be limited to six weeks or less (the school vacations do not count toward this total).
The QTU has seen an increase in the number of requests through this process; however, it is important that members are aware of the following factors before making a request.
- An employee can only make one request in a 12-month period.
- There must be a continuing need for someone to be employed in the role.
- Consideration must be given to the operational requirements of the department.
The QTU continues to work with the department to ensure a smooth transition from the MOA to the Act for temporary teachers. The QTU will continue to update its members as we progress towards the end of the MOA.