FAQs on the New Agreement
AEU ACT Industrial Officer, Garrett Purtill, explains some important features of the new Enterprise Agreement for CIT teachers.
Q. What has changed for casuals between the old and the new CIT Enterprise Agreements?
Two things have changed:
In old CIT EBA Clause 14.2.1, ‘a sufficient period of time’ which can trigger a request by the occupant of a position for that position to be advertised as either permanent or contract ‘means employment over four consecutive semesters with an average of 8hrs or more per teaching week.’
In new CIT EBA Clause 14.4.1, ‘a sufficient period’ means ‘employment over four consecutive semesters with no less than 144hrs during each individual semester’.
This change was made for two reasons:
- to better reflect the fluctuations of casual employment over a longer period of time; and,
- to better test the viability of the position for progression to an on-going one.
So, theoretically, there is no cap on the number of actual hours per engagement. There is certainly no cap of 8hrs per engagement.
- At new CIT EBA Clause 40.2 & 40.3, Qualification Requirements, casual teachers are required, for the first time, to have a Certificate IV in Training and Assessment (either at the commencement of the CIT EBA ie 20 Oct 2014 or within 12months). This has been done so all teachers are on a level qualifications playing field.
Q. Do the new provisions for casuals exclude ‘guest’ lecturers or presenters?
No, far from it. Many courses contain ‘guest’ lecturers or presenters who bring a special expertise to a course. The new CIT EBA does not upset those arrangements. However, it is important to remember that the ‘guest’ be under the supervision of the course teacher and not in substitution for them.
Q. How is a casual defined and did anything change in the new Agreement?
A casual is defined as an employee engaged on a non-regular and non on-going basis ie each engagement stands alone. Where the employment is of a regular and on-going basis, then the job should be covered by other than a casual engagement. The hours of work for a casual are not stated in the CIT EBA or included in the definition of a casual. However, where a casual is engaged for more than 8 hours, then the health and wellbeing of that employee should be seriously assessed.
There has been no change made to the definition of a casual in the new CIT EBA.
Q. The new CIT EBA has made some changes to overtime. What are they and when do they commence?
A2.1: No changes have been made to overtime until 1 Jan 2015. So it is THE status quo of 70hrs per calendar year, without Chief Executive approval, until that date [see CIT EBA Clause 22.12.1].
However, from 1 Jan 2015, the overtime limit, without Chief Executive approval, reduces to 20hrs per calendar year. [see CIT EBA Clause 22.12.2]. Where overtime exceeds that limit, it will trigger a review of the overtime workload which may result in the engagement of additional staff or redeployment of some or all of that workload. [see CIT EBA Clause 22.13.1]. With CE approval, it will still be possible to work more than 20hrs per calendar year.
Q. Why has the AEU agreed to this change?
AEU members have been pressing the Union for some time that their workload is excessive and they have attributed this to two factors: overtime; and teachers having to perform increasingly non-teaching tasks. Consequently, AEU included these two items on its Log of Claims.
AEU has taken the view that overtime is a signal that there is additional work available and if it is of an on-going [rather than incidental] nature, then there needs to be an analysis of how that work should be performed and by whom. One outcome maybe that some casual teachers could be offered contracts for on-going work.
Q. What does the new CIT Enterprise Agreement say about workload?
It has been a long time since the teaching tasks have been examined. Teaching and non-teaching tasks have grown like topsy and teachers absorbed the tasks they perform to fill the evolving space. Teachers told the AEU in the preparation of the Log of Claims that it was time to draw a line in the sand.
To identify the teaching and non-teaching tasks teachers found acceptable and the non-teaching tasks they did not, AEU & CIT conducted three, consultant facilitated, focus groups of teachers in Oct 2013 as part of the enterprise bargaining negotiations. The teachers nominated 15 non-teaching tasks which they said reduced their planning and preparation time for their face to face teaching tasks and which could be performed by non-teachers. Those 15 tasks now appear in the CIT EBA at Clause 25.5.
Q. How will this examination of workload be conducted?
Workplace groups of teachers will examine these non-teaching tasks from early in 2015 with the objective of re-deploying them to non-teaching staff.
At present, AEU & CIT are conferring on the practical operational aspects and timetabling of this agenda of work. This work is to be finish by 20 Oct 2015.