//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
[2003] WAIRComm 10166
plaintiff. Murdoch College Enterprise Agreement 2003 ordered registered on 2 December 2003.
1 cited instrument linked from this judgment.
The Commission registered the 2003 enterprise agreement for Murdoch College teachers. The order gives no detailed legal reasons and does not decide a contested interpretation of the agreement. The scheduled agreement covers matters including salary, leave, professional responsibilities, performance management, consultation and dispute resolution.
AI-generated legal information, not legal advice. Zoe can make mistakes. Check the cited source, and for advice about your situation consult a qualified Australian lawyer.
1,983 words · generated 28/09/2026
This is a short registration order of the Western Australian Industrial Relations Commission, not a reasoned judgment resolving a contested legal dispute. The matter is identified as The Independent Schools Salaried Officers' Association of Western Australia, Industrial Union of Workers and Murdoch College v (Not applicable) [2003] WAIRComm 10166. The order is dated Tuesday, 2 December 2003, and Commissioner J L Harrison is identified as the commissioner.
The operative decision is direct: the Commission ordered that “the Murdoch College Enterprise Agreement 2003 in the terms of the following schedule be registered” on 2 December 2003. The order says it was made pursuant to powers conferred on the Commission under the Industrial Relations Act, 1979. It records that Mr N Briggs appeared for the union, that there was no appearance on behalf of Murdoch College, and that the order was made “by consent”.
The scheduled agreement is between Murdoch College and the Independent Schools Salaried Officers' Association of Western Australia, Industrial Union of Workers, which the agreement describes as a registered organisation of employees. Clause 5 says it applies to teachers employed by the College within the scope of the Independent Schools' Teachers' Award 1976 who are members or eligible to be members of the union. That clause states that 43 staff members are covered.
The agreement says it commenced on registration and was to expire on 31 December 2004 (clause 8(1)). It also says that, if it expired without a subsequent enterprise agreement being registered, its provisions would continue to apply until a new agreement was registered and took effect (clause 9). The order therefore both registers the instrument and gives its stated commencement date. The text does not say whether a later agreement was registered or what happened after the stated term.
The schedule addresses a wide range of employment matters. These include appointment and termination, salaries and allowances, salary packaging, deferred salary, professional responsibilities, performance management, sick and carer's leave, special leave, jury and witness duty, training, long service leave, police clearance, consultation, dispute resolution and further claims. The Commission's order does not separately analyse any of those provisions.
The supplied text records the result and a short procedural recital, not the Commission's full reasoning. Its stated basis is that the Commission acted under the powers conferred by the Industrial Relations Act, 1979, heard the union's representative, had no appearance for Murdoch College, and acted “by consent”. It then ordered registration.
That information supports a narrow account of the decision: the Commission registered the agreement in the scheduled form, in a matter recorded as being by consent. It does not support attributing a more detailed rationale to Commissioner Harrison. There is no discussion of statutory registration requirements, evidence, objections, negotiations, public interest, or the legal effect of particular clauses.
For that reason, this order does not establish a ratio decidendi about the meaning of the agreement or a general rule for other registration applications. Nor does it identify any issue on which the parties disagreed. The result is procedural: registration was ordered. The agreement's clauses should be understood as the terms of the registered instrument, not as propositions that the Commission individually examined and endorsed in detailed reasons.
The order also does not say that the College opposed the application. It records no appearance for the College and says the order was by consent. Those statements should be kept distinct: absence of an appearance is not, on the face of this text, a finding of opposition or non-opposition; consent is the order's express description of the basis on which it was made.
The order does not describe the legal position before registration. It does not identify the previous workplace agreements, set out their terms, or explain the process by which the 2003 agreement replaced them. Clause 1 says the agreement “shall replace the current workplace agreements”, but the order does not specify which instruments were replaced or when they ceased to operate.
The instrument itself states that it would come into effect on the date of registration and expire on 31 December 2004 (clause 8(1)). As a result, the scheduled text gives 2 December 2003 as the operative start date and 31 December 2004 as the stated expiry date. Clause 8(2) required the parties to meet no later than four months before expiry to commence negotiations for a new agreement. Clause 9 provided for continuation of the agreement's provisions in the absence of registration of a subsequent agreement.
Those are terms written into this particular agreement. The order does not explain how those provisions interact with any other instrument or statutory rule, and it does not make a finding about what occurred after 2004. It therefore cannot, on its own, supply a complete account of the agreement's subsequent status or the state of industrial law before or after registration.
The schedule refers to the Independent Schools' Teachers' Award 1976 and says the agreement is to be read and interpreted in conjunction with that award (clause 6(1)). It further states that where there is an inconsistency, the agreement prevails to the extent of the inconsistency (clause 6(2)). This describes the agreement's own stated relationship with the award; the order does not analyse that clause or determine a dispute about its operation.
The schedule also refers to legislation by title, including the Industrial Relations Act, 1979 in the order and the Fringe Benefits Tax Act 1986 in clause 13. The supplied material does not include the relevant statutory provisions, so no broader explanation of their requirements or effect can safely be drawn from this decision alone.
There are no numbered paragraphs in the supplied order. The references below are therefore to clauses of the agreement, rather than judgment paragraph numbers.
Registration order: “THAT the Murdoch College Enterprise Agreement 2003 in the terms of the following schedule be registered” on 2 December 2003. In plain English, the Commission formally registered the agreement set out after the order.
Consent and appearances: The Commission records that it heard the union's representative, that there was “no appearance” for Murdoch College, and that the order was made “by consent”. In plain English, the order describes the application as consent-based, while recording that the College did not appear at the hearing.
Coverage (clause 5): The agreement applies to specified teachers employed by Murdoch College in Western Australia who are union members or eligible to be members. It states that 43 staff members are covered.
Award relationship (clause 6): The agreement says it should be read alongside the identified award and that it prevails to the extent of any inconsistency. This is the agreement's expressed priority rule; the Commission did not explain how it would apply to a particular conflict.
Term (clause 8): The agreement says it starts on registration and expires on 31 December 2004. It also provides for discussions to begin no later than four months before expiry.
Continuation after expiry (clause 9): The agreement says its provisions continue to apply if no subsequent enterprise agreement is registered, until a new agreement is registered and takes effect. The order does not state whether that contingency occurred.
Salary (clause 12): The schedule sets out annual salary rates for steps 4 to 13 and provides for certain adjustments, allowances and proportional remuneration for part-time employees. The figures are terms of the 2003 instrument and should not be treated as current rates.
Dispute procedure (clause 25): The parties are to try to resolve a dispute by discussion, then may refer it to a meeting between the parties and representatives, and may refer it to the Commission if it remains unresolved. This is the agreed procedure in the schedule; the registration order does not apply it to an actual dispute.
Strictly speaking, this order offers little precedent on substantive legal questions. It records registration of one particular enterprise agreement by consent and contains no reasoned treatment of a contested legal issue. It is most directly relevant as an example of a Commission order that registers an agreement in a specified schedule under the Commission's statutory powers.
The agreement's own dispute resolution clause is framed to apply where a “question, dispute or difficulty” arises out of that agreement (clause 25(1)). It sets out stages of discussion, a meeting, and possible referral to the Commission. That clause describes a contractual process for disputes under this instrument. The registration decision itself did not involve such a dispute.
The schedule may also be useful as a source for understanding the intended employment conditions of the teachers it covers during the stated term. For example, a question about notice of termination would direct attention to clause 11; salary rates to clause 12; performance assessment to clause 16; or leave to clauses 17 to 22. The order does not determine how those clauses should be interpreted when particular facts arise. Any such question would require the full relevant facts, the applicable law and any other relevant instruments, none of which is analysed in the order.
It would be inaccurate to treat the registration order as deciding that each clause is valid in every possible application, or as a ruling on disputes that were never before the Commission in the supplied material.
The supplied text gives no information about later judicial or Commission treatment of this order. It contains no citations to other decisions, no discussion of precedent, and no reference to an appeal or later proceeding.
Accordingly, no claim can be made from this source that later courts followed, applied, distinguished, affirmed, reversed, or otherwise treated this decision in a particular way. Its formal citation is [2003] WAIRComm 10166, but the citation alone does not establish subsequent treatment. That question would require research beyond the material provided.
The agreement itself includes a “No Precedent” clause. Clause 27 says the parties will not seek to use its terms as a precedent for other enterprise agreements, whether involving the College or not. This is a term of the agreement between its parties. It is not a statement about how later courts treated the Commission's order, and the Commission did not explain or rule on the clause's wider legal effect.
The order leaves several matters unanswered because it contains no detailed reasons and no later history.
First, it does not set out the statutory registration criteria applied by the Commission or explain how the agreement satisfied them. The order simply cites the Commission's powers under the Industrial Relations Act, 1979 and makes the registration order.
Second, it does not explain the negotiation history or identify the previous workplace agreements referred to in clause 1. It is therefore not possible from this text alone to compare the 2003 terms with the prior arrangements.
Third, the order does not show whether a later agreement was registered, whether the parties commenced negotiations within the period stated in clause 8(2), or how clause 9 operated after the scheduled expiry date.
Fourth, the order does not resolve interpretive questions about the agreement. Examples might include how a particular salary allowance interacts with other remuneration, how the notice provisions apply in a specific employment situation, or what evidence satisfies the “reasonable person” standard in leave clauses. The text does not give factual examples or authoritative interpretations of those provisions.
Finally, the supplied material does not establish how later courts or the Commission treated this registration order, or whether any later legal developments affected the agreement's terms. Those questions remain beyond what can be concluded from this source.
This is general legal information, not legal advice. Zoe can make mistakes. Before acting on this, relying on it, or using any draft, get a qualified Australian lawyer to check it.
PARTIES THE INDEPENDENT SCHOOLS SALARIED OFFICERS' ASSOCIATION OF WESTERN AUSTRALIA, INDUSTRIAL UNION OF WORKERS AND MURDOCH COLLEGE
CITATION NO. 2003 WAIRC 10166
_______________________________________________________________________________
_______________________________________________________________________________
HAVING heard Mr N Briggs on behalf of the Independent Schools Salaried Officers' Association of Western Australian, Industrial Union of Workers and there being no appearance on behalf of Murdoch College, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders:
THAT the Murdoch College Enterprise Agreement 2003 in the terms of the following schedule be registered on the 2nd day of December 2003.
This agreement shall be known as the Murdoch College Enterprise Agreement 2003 and shall replace the current workplace agreements.
This agreement is made between Murdoch College (the College) and the Independent Schools Salaried Officers' Association of Western Australia, Industrial Union of Workers (the ISSOA), a registered organisation of employees.
(1) 'Teacher' shall mean any person employed on the teaching staff of Murdoch College but does not include the Principal, Deputy Principal or the Senior House Coordinator.
(2) 'Part-time teacher' shall mean a teacher employed regularly on the staff of Murdoch College and who works less than the normal hours, which a full time teacher is required to work.
(3) 'Temporary Teacher' shall mean a teacher engaged as full time or part time as a replacement teacher or such other purpose as may be required to fulfil the teaching obligations of the College, provided that the period of engagement of a temporary teacher shall be not less than twenty consecutive working days and not more than a period of twelve months.
(4) 'Position of Special Responsibility' shall mean a promotional position, which involves:
(b) Administrative duties or pastoral care duties in excess of those usually required of a teacher at Murdoch College;
(c) At Murdoch College these positions currently include:
(i) Middle School Coordinator Promotion Level 1,Category B;
Learning Area Team Leader Promotion Level 1, Category B;
Senior School Coordinator Promotion Level 2, Category B;
(iv) Learning Area Team Leader Promotion Level 2, Category B;
(1) This agreement shall apply to teachers who are employed within the scope of the Independent Schools' Teachers' Award 1976 (the Award) by Murdoch College in Western Australia and who are members or are eligible to be members of the ISSOA.
(2) The number of staff covered by this Agreement is 43
(1) This agreement is to be read and interpreted in conjunction with the Independent Teachers Award 1976 (the award).
(2) Where there is any inconsistency between this agreement and the Award, this agreement will prevail to the extent of the inconsistency.
Nothing contained herein shall entitle the College to reduce the salary or conditions of an employee which prevailed prior to entering into this Agreement, except where provided by this Agreement.
(1) This agreement shall come into effect on the date on which it is registered in the Western Australian Industrial Relations Commission and shall expire on 31 December 2004.
(2) The parties agree to meet no later than 4 months prior to the expiration of this agreement to commence negotiations for a new agreement.
On expiration of this agreement and in the absence of the registration of a subsequent enterprise agreement, the provisions of this agreement shall apply until such time as a new agreement is registered and takes effect.
(1) In reaching this agreement the parties have recognised the need to:
(a) Consolidate and develop further, initiatives arising out of the award restructuring process;
(b) Accept a mutual responsibility to maintain a working environment, which will ensure that the College and its teachers become genuine participants and contributors to the College's aims, objectives and philosophy;
(c) Recognise the professional and personal qualities of teachers, which enable them to create conditions which are conducive to learning and which foster the development of the individual student;
(d) Safeguard and improve the quality of teaching and learning by emphasising the upgrading of professional skills and knowledge. The College and the teaching staff acknowledge that this upgrading of skills and experience can best occur when both the College and teaching staff share responsibility for professional development by undertaking both in-service and external courses and training partly during school time and partly during the teachers time, and
(e) Develop and maintain a culture and working environment, which values teachers as professionals and ensures that the College is well positioned to attract and retain the highest quality teachers.
(1) All new appointees, including teachers appointed to a Position of Special Responsibility, are on probation for a maximum of two consecutive school terms.
(2) Following the satisfactory completion of the probationary period, a contractual letter will be issued.
(3) Except in the case of a relief or temporary teacher, the termination of the service of a teacher shall require a minimum of six weeks' notice by either party to take effect from the close of business at the end of the school term.
(4) Provided that the requirements of this subclause may be waived in part or in whole by mutual agreement between the teacher and the employer. Any request to waive such notice shall not be unreasonably withheld by the employer, where it is deemed that the teacher has not been able to give the required notice through no fault of his/her own.
(5) Subject to the provisions of this subclause, failure to give the required notice shall make either party liable for the payment to the other party of an amount equivalent to the period of notice not given.
(6) Nothing within this clause detracts from the employer's right to dismiss summarily any teacher for serious misconduct in which case salary shall be paid up to the time of dismissal only.
(1) The minimum annual rate of salary payable to teachers engaged in the classifications prescribed in Clause 14 - Salaries of the Award, shall be:
(2) Notwithstanding subclause (1) of this clause, if, during the life of this agreement the Education Department of Western Australia salaries for the 2004 school year, receive a further general increase, then the rates in subclause (1) shall increase by that general increase from the same operative date as the EDWA increase.
(3) In the event of any safety net adjustment being applied to the Award, such adjustment shall be absorbed into the salary rates prescribed by this Agreement.
(4) A leave loading equivalent of 17.5% of four weeks salary has already been configured into the salary scale used to determine the employee's basic salary paid on a fortnightly basis.
(a) The process for appointment to a Position of Special Responsibility and the criteria for each level will be in accordance with Murdoch College policy.
(b) All Positions of Special Responsibility as identified in subclause (4)(c) will be covered by this agreement.
(c) Positions of Special Responsibility will be remunerated at the following levels:
(6) Subject to the provisions for implementing the classification set out in the Appendix to the
Award, an appointee to a Senior Teacher classification shall be entitled to the following annual allowance:
(a) Level One - 3.2% of the maximum total salary per annum as prescribed in subclause (1) of this clause.
(b) Level Two - 6.9% of the maximum total salary per annum as prescribed in subclause (1) of this clause.
(7) Part-time employees shall receive remuneration proportional to their workload that relates to full time equivalent.
(8) An employee who is required to perform the duties of a position at a classification level higher than his/her normal substantive level for a period of four weeks or longer, shall temporarily be remunerated at a level of pay associated with the higher level of responsibility.
(9) The employee's salary will be transferred electronically to the employee's designated bank account every fortnight.
(1) The College will allow salary packaging by teaching staff on condition that participating employees:
(a) Meet the full cost of the services of an approved remuneration specialist and obtain independent financial advice on the implications of salary packaging for the employee;
(b) Agree that the employer is not liable for the effect of any change to taxation law rulings concerning salary packaging;
(c) Will reimburse the College for any Fringe Benefits Tax paid by the College on their behalf under the terms of this clause.
(a) 'Benefits' means the benefits nominated and received by the teacher;
'Benefit Value' means the amount specified by the College as the cost to the College of the benefit provided including Fringe Benefit Tax, if any; the College must advise the teacher in writing of the Benefit Value;
(b) 'Fringe Benefit Tax' means tax imposed by the Fringe Benefits Tax Act 1986 as amended;
(c) The College may offer to provide and the teacher may agree in writing to accept a salary equal to the difference between the Benefit Value and the salary which would have applied to the teacher under subclause (2)(a) of this clause, had salary packaging not been accepted.
(a) Except as provided by this clause, teachers must be employed at a salary based on a rate of pay, and on terms and conditions, not less than those prescribed by the Agreement;
(b) For all purposes of the Agreement, salary shall be deemed to include the value of any benefits provided under this clause.
(4) During the currency of an Agreement under this clause:
(a) Any teacher who takes paid leave on full pay shall receive the Benefits and salary referred to in paragraphs (a) of subclause (2) of this clause;
(b) If a teacher takes leave without pay the teacher will not be entitled to any Benefits during the period of leave;
(c) If a teacher takes paid leave on less than full pay he or she shall receive:
(ii) any balance of salary as agreed between the School and the teacher.
(a) The employee can choose to participate in a program designed to enable him/her to acquire and be trained in the use of a Laptop (Notebook) computer, as designated by the employer, for work and personal use. This program will result in the employee owning the computer after three years.
(b) Should the employee choose to participate in the program, the employer agrees to provide a 50% subsidy of the monthly lease to purchase plan.
(c) The employee may pay his/her component by means of salary sacrifice over the purchase plan period of three years. (The total cost of the computer purchase to lease plan will include FBT costs directed to the employee).
(a) Provided that a sufficient number, (minimum 75%), of Murdoch College staff agree to join an employer nominated Group Income Protection plan, the employer agrees to provide a subsidised membership for the employee in a Group Income Protection/Salary Continuance Insurance Plan.
(b) Provided that the Group Income Protection/Salary Continuance Plan is implemented, the employer agrees to subsidise 50% of the employee's cost for this plan.
(c) The employee's contribution to the Salary Protection Plan will be deducted directly from the employee's salary.
(d) If there is any increase in the premium, the employer reserves the right to limit any increase in its contribution toward the Group Salary Continuance Plan at a rate no greater than the annual CPI. If there is an increase in the premium above this amount, it may need to be met by an increase in the contribution from each employee participating in the Group Income Protection Plan.
(1) Teachers may apply to have their salary payments deferred in accordance with the provisions of this clause.
(a) Full time and part time teachers who have been employed within the College for a minimum of two (2) years are eligible to apply;
(b) Approval of applications will be determined by the Principal, based on the needs and requirements of the school;
(c) Teachers may apply to the Principal to work for 4 years on 80% salary and defer the balance into an accumulation fund. In the fifth year the teacher can commence leave and be paid the balance of the accumulation fund.
(3) At any time in the first three years the teacher may return to the full salary and forego the entitlement to a year's leave with pay. In this event, or if the teacher leaves the employ of Murdoch College for any reason what so ever, the salary withheld will be paid in full.
(a) The period of leave will be for twelve (12) months, from 1 January to 31 December;
(b) The year of leave, the fifth year, will be taken in accordance with the conditions as prescribed within Clause 9. - Leave Without Pay of the Independent Schools' Teachers' Award 1976.
(a) During the four-year accrual period participants in the scheme receive 80% of their normal fortnightly salary and will thus be taxed at this reduced rate of pay. Normal salary is defined as a teacher's normal fortnightly salary plus any associated teaching allowance;
(b) In the fifth year, when leave is taken, the participants will receive the money contributed over the four-year period. This amount can be paid fortnightly; in one lump sum payment; or two payments, one in each of the financial years;
(c) The participant will be taxed only on the amount actually received, in this case approximately 80% of the normal salary (including allowances). This is a significant taxation incentive for participants. It is recommended that, prior to entering into this scheme; prospective participants discuss taxation implications and other related issues with their accountant or financial advisor;
(d) It should be noted that interest is not paid on amounts accumulated during that accrual period. A taxation ruling prohibits such payment on the basis that people taking advantage of a taxation incentive cannot derive interest on these funds. Interest accrued will be utilised to offset the administrative costs of the fund.
(1) The parties recognise that there is a wide range of duties and responsibilities included in the profession of teaching.
(2) All teachers agree to abide by the policies, rules and regulations of Murdoch College, as determined by the College Board and Administration.
(3) The parties recognise that the following principles apply in addressing the fair and reasonable participation of teachers:
(a) Much of the life and culture of the school is derived from College activities involving teachers and students conducted outside regular classroom contact;
(b) The efforts of teachers who contribute significantly to the life and values of the College should be recognised;
(c) Duty of care responsibilities must be considered in the planning of all activities conducted by the College;
(d) There will be collaborative planning between College and staff in the allocation of teachers to all activities conducted by the College;
(e) The competence, skills and qualifications of teachers, including part-time teachers, will be considered in the planning and allocating of activities conducted by the College, having regard for the teacher's professional development and family responsibilities.
(4) The employer will nominate the dates of the academic calendar each year, using as a guideline the annual school calendar as outlined by the Education Department of WA.
(5) The parties recognise that, in order to prepare for the start of school, to provide for ongoing assistance to the students, and to enhance their own professional development, teaching staff regularly participate in days in addition to the four terms that normally define the academic year.
It is expected that full-time staff members will participate in a maximum of 10 such additional days, per year, involving non-teaching professional duties and/or activities. At the discretion of the College Management, and in consultation with staff, the 10 days referred to in this clause, will involve:
(a) being present for at least three days immediately prior to the commencement of the academic calendar year and regular classes, to:
(b) undertaking professional development or training;
(c) Participating, outside of regular school time, in important school functions that include:
(d) At the discretion of the employer, some duties assigned under sub clause (5) may be completed off the premises.
(6) At Murdoch College a teaching position involves:
(7) All members of staff are required to attend scheduled College staff and House staff meetings. The employer will endeavour to ensure that such meetings are organized with minimum inconvenience to both students and staff.
(8) A part time member of staff works a proportional (pro-rata) load in regard to all responsibilities as specified in their letter of appointment.
(1) The employee agrees to participate co-operatively in Murdoch College's Performance Management Program**.**
(2) The central purpose of the Performance Management Program is to identify areas of strength and areas needing improvement with respect to the employee's performance of duties, and to establish a staff development program to address the performance areas needing improvement.
(3) The reports developed within the Performance Management Program will also be used as a significant component in the appraisal of the employee's performance of responsibilities at Murdoch College. The Performance Management and appraisal processes are outlined in the College Teacher Performance Management Handbook.
(4) The Performance Management process and guidelines will be established by the College Management Team after due consultation with nominated representatives of the College teaching staff and between the parties to this agreement.
(5) The employee being appraised will contribute to the formal appraisal, and a written copy of the appraisal will be given to that person.
(6) Where the employee is the subject of an adverse assessment in terms of the above clauses, the following clauses shall apply:
(a) The principal or designate shall meet with the employee to discuss his/her assessment when reasonably practicable;
(b) Assessment shall be put in writing and brought to the notice of the employee and shall be initialled as seen by the employee;
(c) If the employee desires to give any explanation in respect of the assessment or give any reasons for disagreeing with the assessment, he/she shall put the explanation or reasons in writing;
(d) The employer shall consider the assessment and the employee's explanation or reasons before reaching a final decision on the validity of the employee's or the employer's original assessment.
(1) A teacher who was employed by the College, prior to January 2003, shall be entitled to retain the benefit of accumulated sick leave prior to January 2003 up to a maximum of 15 days.
(2) A teacher who is unable to attend or remain at the place of employment during the normal hours of duty by reason of personal health or injury shall be entitled to payment during such absence in accordance with the following provisions.
(3) Entitlement to payment shall accrue at the rate of one day's pay for each completed month of service for eleven months and one day and a half-day's pay for the twelfth in each year of service.
(4) If in the first of successive years of service with the employer a teacher is absent on the grounds of personal ill health or injury for a period longer than his/her entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at a time the teacher's services terminate, if before the end of that year of service, to the extent that the teacher has become entitled to further paid sick leave during that year of service.
(5) A temporary teacher shall retain the benefit of accumulated sick leave credits upon appointment as a permanent teacher provided that the service is continuous. For the purpose of this paragraph school vacations shall not be deemed to break the continuity of service.
(6) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this subclause may be claimed by the teacher if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during that year at the time of the absence. Provided that a teacher shall not be entitled to claim payment for any period exceeding thirteen weeks in any one year of service.
(7) Any time in respect of which a teacher is absent from work except time for which he/she is entitled to claim sick pay or time spent on holidays or school vacations or special leave as prescribed by the award shall not count for the purpose of determining his/her right to payment under this clause.
(8) The provisions of this subclause with respect to payment do not apply to teachers who are entitled to payment under the Workers Compensation and Assistance Act nor to teachers whose injury or illness is the result of a teacher's own misconduct.
(9) A teacher who claims an entitlement under this clause shall provide to the employer evidence that would satisfy a reasonable person of the entitlement.
(1) A teacher with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement for absences to provide care and support for such persons when they are ill. Such leave shall not exceed five (5) days in any calendar year and is not cumulative.
(2) If required a Teacher who claims an entitlement to Carer's leave is to provide to the employer evidence that would satisfy a reasonable person of the entitlement.
(3) The entitlement to use sick leave is subject to:
(a) The teacher being responsible for the care of the person concerned;
(b) The person concerned being either a member of the immediate family or a member of the household;
(c) The teacher shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the teacher, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(1) A teacher shall on sufficient cause being shown, be granted special leave with pay.
(a) 'Sufficient cause' is defined as a matter or situation for which:
(i) no other paid leave is available;
(ii) no other arrangements can be reasonably be made;
(iii) the absence from duty is required due to pressing necessity.
(b) The Period is determined by mutual agreement having regard to all of the circumstances.
(1) Should the employee be summoned to serve on a jury, or called as a witness, he/she must notify the employer as soon as possible.
(2) The employee will not be financially disadvantaged as a result of jury service. Subject to production of proof, the employer will pay to the employee the amount the employee would have normally received had he/she worked. Any fee paid for jury duty must be paid to the employer.
(3) If the employee is called or subpoenaed as a witness in an official capacity, the employee will not be financially disadvantaged, with a similar arrangement as described in subclause (2) being applied.
(4) If the employee is called or subpoenaed as a witness and the case is not of an official nature or work-related, the employee shall be granted leave without pay for the period of leave required.
(1) The parties agree that professional development will address the needs of the teacher in response to the needs and vision of the College. It will address effectiveness of the teaching function at Murdoch College, evidenced by student learning and personal development, with a focus on continuous growth and improvement in teaching practice.
(2) The employee may be required to attend such professional development and/or training courses as may be deemed necessary by the employer at times suitable to the employer and the employee.
(3) Where an employee attends a course at the request of the employer, the employer shall pay the cost of the course fees, materials and travelling costs required as well as the employee's salary for the duration of the course.
(4) Any other training courses attended by the employee must have prior approval of the employer if part, or all, of the costs are to be borne by the employer.
All teachers who have completed eight years of continuous service with Murdoch College, shall be entitled to ten weeks of long service leave on full pay, corresponding with a completed term. The continuous service can be prior to January 2003. Each subsequent period of seven years service shall qualify for a further ten weeks long service leave on full pay corresponding with a complete term.
A satisfactory Federal Police Record Clearance is a mandatory condition of employment at Murdoch College and the necessary written clearance should be completed prior to the employee commencing service at Murdoch College.
(1) There shall be established a Consultative Committee with equitable representation of the employer and staff members from the college. The Committee shall provide a forum in which to discuss any matters brought to the Committee, provided they relate directly to the conditions of employment of staff members.
(2) The Committee shall meet at least once each College semester.
(1) A dispute is defined as any question, dispute or difficulty arising out of this Agreement.
(2) The following procedure shall apply to the resolution of any dispute:
(a) The parties to the dispute shall make reasonable attempts to resolve the matter by mutual discussion and determination;
(b) If the parties are unable to resolve the dispute, the matter, at the request of either party, shall be referred to a meeting between the parties to the Agreement together with any additional representatives as may be agreed by the parties;
(c) If the matter is not then resolved it may be referred to the Western Australian Industrial Relations Commission.
It is a condition of this Agreement that the parties will not make any further claims with respect to salaries and conditions during the period of this Agreement unless they are consistent with the State Wage Case Principles or within the review period specified in Clause 8. - Term of Agreement of this Agreement.
It is a condition of this Agreement that the parties will not seek to use the terms contained herein as a precedent for other enterprise Agreements, whether they involve the College or not.
........................................... ..................................................
........................................... ..................................................
(Name of signatory in block letters) (Name of signatory in block letters)
Murdoch College Independent Schools Salaried Officers'
Association of Western Australia, Industrial Union of Workers
The Independent Schools Salaried Officers'Association of Western Australia, Industrial Unionof Workers and Murdoch College
(Not applicable) [2003] WAIRComm 10166
Murdoch College Enterprise Agreement 2003 ordered registered on 2 December 2003.