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TPD and Excess Teaching
Implementing IRC 11/08 These guidelines reflect agreement reached with the NSW Teachers Federation in relation to proceedings IRC 1397 of 2010. TAFE NSW Customer Support
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This matter was informed by the following principles:
teachers receiving averaged excess payments should not be financially advantaged over those teachers who do not elect to receive such payments, as this was not the intention of the Administrative Arrangements; part year employment of teachers will be considered on a pro rata basis within the context of an annualised program; excess teaching hours will only be paid if worked. These guidelines establish how excess teaching hours under an approved program will be credited in the following circumstances: Leave Part year Commencements and Separations Relieving in Higher Positions.
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Leave Distinction between: Further distinction between leave taken:
Planned leave e.g. extended, LWOP etc. Unplanned leave e.g. sick, FACS Further distinction between leave taken: Prior to completing the annual hour requirements under the award (e.g. 720 direct teaching hours) Post annual direct teaching hours
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Planned leave
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Scenario 1 – Planned leave for several weeks
A teacher plans to take extended leave for nine weeks during term 4. This leave is incorporated into their approved annual program. ACTION: Teacher submits a Planned Leave program, choosing extended leave as the reason for the weeks they are away. RESULT: A nominal 35 hour program (e.g. 20/15) will be credited toward the teacher’s annual program and counted towards excess.
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Scenario 2 – Planned leave for 2 days per week for one semester
A teacher plans to take extended leave for 2 days per weeks during one semester. This leave is incorporated into their approved annual program. ACTION: Teacher submits a Reduced program and changes the approved program hours to 12. RESULT: An adjusted threshold for their annual program is calculated by subtracting 8 hours of teaching and 6 hours of related duties (or 14 hours RD in a non-teaching week).
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Scenario 3 – Planned leave and excess teaching
In the event that a teacher requests extended leave after they have an approved annual program in place, the program needs to be varied. This variation may result in a reduction of excess teaching. Excess hours not completed may result in an overpayment.
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Unplanned leave e.g. sick, facs
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Scenario 4 – Unplanned leave taken pre-annual direct teaching hours completed
ACTION: Teacher submits a leave form for the period of the absence. Head Teacher enters a variation (absences) against each day/week for the period of absence RESULT: Teacher is credited with the approved program for the period of their absence and counts towards excess.
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Scenario 5 – post 720 Program of 24 teaching hrs/wk all year. 720 hours completed in week 30 and all hours from week 31 are excess. Sick leave for week 32. Choice 1 – Paid after completing 720 teaching hours: Teacher not required to take leave against their programmed excess teaching hours but continues to be paid their annual salary. ACTION: Head Teacher submits a variation and enters an absence against any teaching and related duties that are timetabled. Teacher submits a leave form against the related duties hours only.
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Scenario 5 continued Choice 2 – Paid in advance by average excess:
Sick leave in week 32 results in a decrease in the number of excess teaching hours delivered. ACTION: Head Teacher submits a variation and enters an absence against any teaching and related duties that are timetabled. Teacher submits a leave form against the related duties hours only. PLUS: Upon returning to work, the Head Teacher and teacher may need to vary the teacher’s program hours so that they do not claim excess hours not worked. Excess hours not completed may result in an overpayment.
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Part year commencement or separation
additional teaching hours above the proportion of annual hours required will be paid at the excess teaching hour rate TPD already set up for this – just tick the number of weeks and any excess is shown.
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Relieving in Higher Positions
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Scenario 6: Acting 100% as HT
Acting as a band 2 HT for 9 weeks during term 2. Teach 20 hrs per week terms 1, 3 and 4 and for 15 hrs per week for term 2. ACTION: Teacher submits a Normal program and chooses Week Classification as HT Band 2 for each week during the period they are acting in the role. RESULT: An adjusted threshold for their annual program is calculated. (9 weeks x 10 hours) + (27 weeks x 20 hours) = 630 hours Based on the program, teaching hours (630) completed ¾ of the way through week 34. All teaching hours after that are excess teaching and are paid at the excess rate.
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Scenario 7: Acting <100% as HT
A 60% acting role as a band 2 HT. ACTION: Teacher submits a Normal program and chooses Week Classification as partial HT for each week during the period they are acting in the role. enter the number of hrs/wk they are required to teach against Approved Program teaching hours. (0.60 x HT2 hours) + (0.40 x teacher hours) = 14 hours per week TPD automatically calculates related duties and admin hours. RESULT: As for scenario 6 (i.e. adjusted threshold).
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Scenario 8: Acting 100% in Non-teaching role
A teacher teaches a program of 22 hours per week for semester one and acts in a non-teaching role for term 3 and then returns to a 20 hours per week program in term 4. ACTION: Teacher submits a NIL program for the period that they are in the acting role. RESULT: At the end of the year the teacher’s direct teaching and related duties hours relative to the proportion of the year worked as a teacher will be reconciled. Any additional teaching hours will be paid at excess teaching rate.
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Scenario 9: Acting <100% in Non-teaching role
Semester 1 - acts as a 50% SEO and 50% teacher. They teach 10 hrs/wk in semester 1 and 20 hrs/wk in semester 2. ACTION: Submits a Reduced program for the period that they are in the acting role and enter number of hours per week they are required to teach against Approved Program teaching hours (i.e. 10 hours). RESULT: An adjusted threshold for their annual program is calculated. (18 weeks x 10 hours) + (18 weeks x 20 hours) = 540 hours NOTE: Since, a teacher acting in a non-teaching role is not eligible to be paid averaged excess, the teacher can elect to be paid average excess in semester 2 or after the completion of their annual program.
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