The PSA seeks your opinion about a potential change to Clause 10 (Appointments) of the Crown Employees (School Support and Administrative Staff) Award. CLICK HERE TO VIEW AWARD
Clause 10 (Appointments) of the (SAS Staff) Award sets out the steps to be followed to fill positions. When student enrolments reduce the formula allocation for permanent positions, the clause sets out the priority for staff appointments, including in situations where an affected staff member seeks a transfer.
In 2011, Clause 10 of the Award was varied to add the following provision in relation to the appointment of School Administrative Officer positions; School Learning Support Officer positions, and Aboriginal Education Officer positions:
“Long term temporary staff members who express interest in permanent employment and meet the criteria described in Determination 1 of 2011 Long Term Temporary School Administrative and Support Staff Staffing Procedures shall be appointed but only following priority consideration being given to any existing permanent staff’
This was done to ensure the Award reflected the terms of the Department’s Determination enabling long term temporary staff to be appointed to vacant permanent positions. This came about because of the PSA winning its dispute with the Department about their failure to permanently appoint long term temporary staff leaving them in insecure work for years.
The change that was made to Clause 10 in 2011 states that long term temporary staff expressing an interest in a vacant permanent position will be appointed subject to meeting the conditions in the Determination, and after priority consideration, not priority, is given to permanent potentially displaced staff.
A concern was raised by your PSA delegates through the School’s Departmental Committee, that this change could now affect the rights of permanent staff to obtain a transfer. The clause could be applied to give priority to long term temporary staff in filling positions rather than displaced permanent staff (nominated) transfers. Priority consideration, whilst requiring careful thought and deliberation, does not give actual priority.
The Department appears to be applying the award to maintain the priority to permanent staff.
However, the School’s Departmental Committee requested that Cause 10 be rewritten to remove the potential inadvertent disadvantage to permanent staff. Legal advice has been obtained and this confirms that the potential unintended effect of the clause, can be remedied and still recognise the conversion rights of long term temporary staff, by removing the word “consideration” from “priority consideration”. Because of the importance of this clause for the rights of all SAS staff members, the Schools Departmental Committee Executive seeks your views prior to proceeding with any changes to Clause 10.
Any changes would involve seeking the Department’s agreement to vary the Award. It is important to note that the change being considered is to ensure consistency between the intention in varying the Award in 2011; the actual wording of the Award and the application of the Award.
You are invited to express your view by completing the attached survey by 10AM Friday, 30 November 2018. CLICK HERE TO SURVEY
Only PSA members are eligible to complete the survey. You will be asked for your membership number prior to proceeding with the survey.
Your membership number has been included in this email and also appears on your membership card or fees statement, and the tax receipt provided by the PSA.
Thank you for taking the time to compete this brief survey. If you have any questions about this issue, please contact firstname.lastname@example.org , and put ‘Clause 10’ in the subject line.