STAFFING OF NSW PUBLIC SCHOOLS 2016–2020

Information Session April 2016

School Staffing Agreement 2016-2020 INTRODUCTION • Legally binding industrial agreement. • Positive, goodwill negotiations premised on a

shared commitment to high quality public education.

• Commitment to supporting Principals and Federation Representatives to emulate this collaborative approach at the school level.

School Staffing Agreement 2016-2020 LEARNING OBJECTIVES • This session aims to support Principals and

Federation Representatives in each school to: Understand the requirements of the Agreement Ensure decisions are compliant with the Staffing Agreement Uphold the highest standards of probity, transparency and

accountability Develop and maintain open consultation and communication

processes to ensure appropriate staffing of schools

School Staffing Agreement 2016-2020 KEY FEATURES • The Staffing Agreement balances key priorities

for students, teachers and schools: Maintains a state-wide transfer system that helps optimise

teacher supply and curriculum guarantee Provides schools flexibility in filling teaching vacancies

effectively and appropriately, ensuring students benefit from a consistently high quality teaching and learning environment

Creates opportunities for schools to fill vacancies through various processes to best meet the local needs of the school

Ensures permanency in teacher employment and provides career mobility

School Staffing Agreement 2016-2020 CLAUSE 1 : APPLICATION & SCOPE

• Pursuant to Section 14 of the Teaching Service Act, 1980.

• Filling of vacant classroom teacher, executive staff and principal positions and related matters.

• Note: Commencement of Term 2, 2016 until the end of Term 1, 2020.

School Staffing Agreement 2016-2020 CLAUSE 2 : TEMPORARY APPOINTMENTS

• Principal determines, based on the needs of students and local workforce planning needs, whether the position is to be filled on a temporary or permanent basis: Declining enrolments (actual and/or projected) Fluctuating enrolments Changing curriculum offerings Part-time positions subject to annual review

• Monitored through compliance reporting and certified by the Principal.

School Staffing Agreement 2016-2020 CLAUSE 3 : EXTENDED TEMPORARY APPOINTMENTS

• Longer-term temporary engagements of up to 3 years to fill a vacant position where: Permanent teacher is absent and maintains right of return Declining / fluctuating enrolments, changing curriculum, or

part-time position subject to annual review Position is above centrally identified staffing establishment

• Provides greater stability and continuity for schools and teachers in temporary appointments.

Note: Normal cessation conditions apply in changed circumstances.

School Staffing Agreement 2016-2020 CLAUSE 4 : TEMPORARY TO PERMANENT STATUS

• Principals at 2,4,6 or 8 transfer point schools may elect to appoint a temporary teacher to a permanent vacancy: Minimum 2 years continuous service Satisfactory participation in Performance & Development

Process (PDP) Teacher deemed suitable to the position Permanent vacancy subject to local choice Candidate assessment process to determine between

eligible teachers • Provides incentives for teachers to undertake temporary

appointments in harder to staff locations.

School Staffing Agreement 2016-2020 CLAUSE 5 : CLASSROOM TEACHER VACANCIES

• Permanent classroom teacher positions will continue to be filled: Via the alternating methodology of central appointment / local

choice Once matching for incentive transfers and Aboriginal

employment has been undertaken To be eligible for central appointments teachers must be

certified by their current principal to validate satisfactory performance in the position held in that school

• This appropriately balances a state-wide transfer system and Local Schools, Local Decisions reform agenda.

School Staffing Agreement 2016-2020 CLAUSE 5 : CLASSROOM TEACHER VACANCIES (cont’d)

• Central appointments include: Incentive Transfer Aboriginal Employment applicants Nominated Transfer Service Transfer Priority Transfer of Aboriginal and Torres Strait Islander Teachers Priority Transfer of Teachers in Special Education Settings Graduate Employment Sponsored Teachers

• ‘Resumption of Duty’ following Leave Without Pay (LWOP) is excluded from the central appointment mix and no longer available.

• Teachers now may only take Leave Without Pay (LWOP): By application at the school level At the discretion of, and upon approval by, the principal on a yearly basis Right of return is to that school only, not to the state-wide system

School Staffing Agreement 2016-2020 CLAUSE 6 & 7 : EXECUTIVE & PRINCIPAL VACANCIES

• Principal and executive positions will continue to be filled: Via the alternating methodology of central appointment / local

choice Once matching for incentive transfers has been undertaken To be eligible for central appointment school executive must be

certified by their current principal (or Director in the case of Principals) to validate satisfactory performance in the position held in that school

• This appropriately balances a state-wide transfer system and Local Schools, Local Decisions reform agenda.

School Staffing Agreement 2016-2020 CLAUSE 6 & 7 : EXECUTIVE & PRINCIPAL VACANCIES (cont’d)

• Central appointments include: Incentive Transfer Nominated Transfer Priority Transfer of Executive / Principals in Special Education

Settings

• ‘Resumption of Duty’ following Leave Without Pay (LWOP) is excluded from the central appointment mix and no longer available.

• Executive & Principals now may only take Leave Without Pay (LWOP): By application at the school level. At the discretion of, and upon approval by, the principal (or Director,

PSNSW for principals) on a yearly basis. Right of return is to that school only, not to the state-wide system.

School Staffing Agreement 2016-2020 CLAUSE 5, 6 & 7 : TEACHERS, EXECUTIVE & PRINCIPALS

• Nominated transfers Permanency is a key recruitment and retention incentive for

teaching in NSW public schools Where changes to enrolments or curriculum requirements

necessitate the nominated transfer of public school teachers, such employees will retain permanent employment within the state-wide teaching service

Teachers nominated for transfer will be placed in a suitable vacancy closest to their current school

School Staffing Agreement 2016-2020 CLAUSE 8 : NOMINATED TRANSFERS • Matching on nominated transfer to vacancies will be

done on approved* subject / teaching area codes.

• Matching nominated transfers on skills and/or experiences codes may only occur in exceptional circumstances, where it is agreed that these are essential for the position.

*approved by the Department in accordance with its qualifications requirements.

School Staffing Agreement 2016-2020 CLAUSE 9 : INCENTIVE TRANSFERS & ABORIGINAL EMPLOYMENT APPLICANTS

• When a vacancy is matched for incentive transfers and Aboriginal employment applicants, applicants will be matched to the approved subject/teaching area codes submitted for the vacancy.

School Staffing Agreement 2016-2020 CLAUSE 10 & 11 : SECTION 51A TRANSFERS

• Compassionate transfers are replaced by Section 51A (s51A) Transfers on Compassionate Grounds.

• Where exceptional and compelling circumstances exist, an application for a 51A Transfer on Compassionate Grounds can be submitted (to a principal or to a Director, PSNSW in the case of a principal), for Executive Director PSNSW approval.

• Where the last vacancy was filled by a s51A Transfer (exceptional & compelling circumstances), this will count as a central appointment.

School Staffing Agreement 2016-2020 CLAUSE 12 : EXEMPTION FROM A CENTRAL APPOINTMENT

• Schools not able to access local choice for the preceding five vacancies at any level may apply for exemption from a central appointment and be permitted to access local choice.

School Staffing Agreement 2016-2020 CLAUSE 13: EXTENDED HOURS OF EDUCATIONAL DELIVERY

• This provides for extended hours of operation for the specified reasons, in accord with the requirements of Clause 18 ‘Alternative Work Organisation’ of the Salaries and Conditions Award (2014-2016).

School Staffing Agreement 2016-2020 CLAUSE 14: STAFFING OF IDENTIFIED SCHOOLS

• The Department will identify up to eight (8) schools that will have specialised staffing arrangements.

• For a period of five (5) years after establishment of these identified schools, all permanent vacancies at those schools shall be filled by local choice.

• Following this designated period of time, staffing will revert to the agreed state-wide practice at that time.

• Staff impacted by the change at those schools will transfer to the identified school as part of its establishment.

School Staffing Agreement 2016-2020 CLAUSE 15: STAFFING OF SPECIALIST SETTINGS

• Schools for Specific Purposes (SSPs) and Educational Training Units (ETUs) represent unique educational settings that require specialist skills and experience:

Permanent vacancies will be filled by specified central appointment modes (incentive transfer*, nominated special school transfers*, nominated transfers* and sponsored teachers), or by local choice

Service transfer to SSPs and ETUs will no longer apply

* Where the applicant is currently serving in an ETU or special education setting (SSP or support class).

School Staffing Agreement 2016-2020 CLAUSE 16: PERMANENT POSITIONS ABOVE CENTRAL ESTABLISHMENT

• Under RAM schools will have a wider discretion to allocate additional funding to fund positions above the school’s centrally identified positions.

• The principal may seek to establish and fill an above centrally identified position (ACIP) on a permanent basis.

• Decisions are to be based on the: Principles for Determining the Mix of Staff in Schools Amount and continuity of funding Ongoing requirement for the role Educational needs of the school

School Staffing Agreement 2016-2020 CLAUSE 16: PERMANENT POSITIONS ABOVE CENTRAL ESTABLISHMENT (cont’d)

• Positions can only be established: by application by the Principal; after consultation with the school community; and with the approval of the Director PSNSW.

• The role description for additional executive positions must include general selection criteria relevant to the position level, to provide relative status in the state-wide teaching service to facilitate future transfers.

School Staffing Agreement 2016-2020 CLAUSE 17 : MULTI-CAMPUS COLLEGES

• Processes are unchanged.

• A multi-campus college will continue to be considered a regular comprehensive high school for the purpose of staffing.

• Refer to the Principles for Staffing of Multi-Campus Colleges at Attachment 1 in the Staffing Agreement.

School Staffing Agreement 2016-2020 CLAUSE 18: STAFFING PROCEDURES

• The Promotion and Transfer Procedures for School Teachers document has been comprehensively updated to reflect the processes contained in this Agreement.

New title - Staffing Procedure for the Teaching Service in NSW Public Schools

Updating of staffing codes within this Staffing Procedure will be undertaken in consultation commencing Term 2, 2016

School Staffing Agreement 2016-2020 CLAUSE 18: STAFFING PROCEDURES (cont’d)

• The Selection Panel Procedures for School Teachers will be updated to modernise practices: Minor update in the interim:

New title: Merit Selection Procedure

Comprehensive updating of this Merit Selection Procedure will be undertaken in consultation commencing Term 2, 2016

School Staffing Agreement 2016-2020 CLAUSE 19 : APPEALS

• Appeal process is unchanged.

• Refer to Attachment 2 in the Staffing Agreement.

School Staffing Agreement 2016-2020 CLAUSE 20: COMPLIANCE MONITORING & REPORTING

• Joint Monitoring and Review Committee (JMRC) to ensure that the

highest standards of probity, accountability and transparency apply to the staffing of NSW public schools.

• Compliance Monitoring Report: State-wide ‘Heat Map’ of school groupings by unfilled teacher FTE and school

entitlement bands Each school’s FTE entitlement, permanent FTE establishment, the difference

between the two (unfilled entitlement), and the difference expressed as a percentage

Sorted by field Executive Director locations, highlighting schools for detailed review

Provided to Public Schools Executive Group (PSEG) monthly and reviewed by JMRC each term

Where a school is identified for review, the Director PSNSW will discuss the level of temporary employment with the relevant principal to ascertain reasons and any necessary action to rectify the situation

School Staffing Agreement 2016-2020 CLAUSE 20: COMPLIANCE MONITORING & REPORTING

School Name Entitlement Establishment (Filled) Vacant FTE Vacancy %

School 1 142.2 113.6 28.6 20.1% School 2 115 96 19 16.5% School 3 107.3 90 17.3 16.1% School 4 57.5 47.6 9.9 17.2% School 5 64.618 54.8 9.818 15.2% School 6 74.8 65 9.8 13.1% School 7 38.775 30.8 7.975 20.6% School 8 62.7 54.8 7.9 12.6% School 9 60.6 52.7 7.9 13.0% School 10 58.135 50.9 7.235 12.4% School 11 54.2 47 7.2 13.3% School 12 63.384 60.9 2.484 3.9% School 13 29.48 27 2.48 8.4% School 14 26.28 23.8 2.48 9.4% School 15 29.072 26.6 2.472 8.5% School 16 22.668 20.2 2.468 10.9% School 17 34.801 33.1 1.701 4.9% School 18 72.8 71.1 1.7 2.3% School 19 70.6 68.9 1.7 2.4% School 20 28.7 27 1.7 5.9% School 21 24.694 23 1.694 6.9%

*Schools sorted by priority in descending order of Vacant FTE

School Staffing Agreement 2016-2020

List of NSW Public Schools based on Vacancy Heat Map Colour Spectrum (Sample list)

School Staffing Agreement 2016-2020 CLAUSE 21, 22 & 23: TEACHER QUALIFICATIONS, CLASS SIZES & AGREEMENT VARIATIONS

• High standard of qualifications maintained for employment as a teacher in NSW public schools. Teachers in NSW public schools are required to hold qualifications

consistent with the requirements of the NSW BOSTES

• Class sizes maintained, either as stipulated in the agreement or based on the formulae at the time of the agreement.

• Variations to the Staffing Agreement during this period will only be made with the mutual consent of the parties.

DISCUSSION ACTIVITY Applying the Staffing Agreement

School Staffing Agreement 2016-2020 DISCUSSION ACTIVITY

1. What are the key benefits of the new staffing agreement?

2. What are the key challenges associated with

staffing schools under the staffing agreement? 3. What further information or support do you need

to apply the staffing agreement?