NSW TEACHERS
FEDERATION
CASUAL AND
TEMPORARY
TEACHERS
HANDBOOK
A guide for casual and
temporary teachers in
NSW Public Schools.
2012
Authorised by Wendy Currie,
Acting General Secretary,
NSW Teachers Federation,
23-33 Mary Street,
Surry Hills NSW 2010.
January 2012.
This booklet represents a summary and guide to the conditions that apply
to casual and/or temporary teachers working in schools in the NSW
public education system.
This information contained is not definitive and therefore members
should check the appropriate sections of the Department of Education
and Communities’ Teachers Handbook or appropriate industrial awards
and determinations, some of which are posted in the Members’ Area of
Federation’s website (www.nswtf.org.au). Members should also contact
Federation for further advice pertaining to their individual circumstances.
2
NSW TEACHERS FEDERATION
Contents
1.Introduction
4
-Introduction....................................................................................................4
- A little bit of History.......................................................................................5
- Membership Fees..........................................................................................6
2. Employment with the Department of Education and Communities (DEC)
- Frequently asked Questions..........................................................................8
- Salary and Incremental Progression.............................................................10
- First pay as a Casual Teacher........................................................................12
- First pay as a Temporary Teacher.................................................................13
-Superannuation.............................................................................................14
- Private and Secondary Employment.............................................................14
- Relief Teaching: Permanent Teachers on Leave without Pay......................14
- DEC Recognition of Service...........................................................................15
- Casual to Temporary Teacher Conversion....................................................16
- Termination of Employment as a Temporary Teacher..................................18
- Hours of Duty and Timetable loads for Casual Teachers.............................18
- Hours of Duty and Timetable loads for Temporary Teachers.......................19
-Release from Face to Face (RFF) Teaching in Primary Schools
for Temporary Teachers................................................................................20
- Accommodation Expenses............................................................................20
- Entitlement to salary for Sports Carnivals....................................................20
- Other forms of Salary Payment a Casual Teacher can claim.......................20
3. Casual Teachers’ Leave Conditions
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
26
Leave Provisions............................................................................................26
Sick Leave......................................................................................................26
Family and Community Leave.......................................................................27
Personal Carers’ Leave.................................................................................27
Vacation Leave...............................................................................................27
Leave without Pay..........................................................................................28
Long Service Leave........................................................................................28
Maternity Leave.............................................................................................29
Adoption Leave..............................................................................................31
Parental Leave (DEC).....................................................................................31
Australian Government’s Paid Parental Leave.............................................32
Workers Compensation Leave.......................................................................32
Other Leave for Temporary Teachers............................................................32
First Appointment Expenses for Temporary Teachers.................................33
5. New Scheme Teachers
21
Leave Provisions............................................................................................21
Long Service Leave........................................................................................21
Parental Leave and Adoption Leave..............................................................23
Maternity Entitlements..................................................................................23
Australian Government’s Paid Parental Leave.............................................24
Personal Carers’ Leave.................................................................................24
Bereavement Leave.......................................................................................24
Other Leave for Casual Teachers..................................................................24
Workers Compensation Leave.......................................................................25
4. Temporary Teachers’ Leave Conditions
8
34
- Accreditation and Maintenance.....................................................................34
6. Useful Links
39
CASUAL AND TEMPORARY TEACHERS HANDBOOK
3
1.Introduction
This handbook has been produced by the Federation to assist casual and temporary teachers and
Federation Representatives in schools understand the various working conditions and entitlements
that relate to the employment of casual and temporary teachers.
1. Introduction
Casual and temporary teachers play a vital role in the
delivery of quality education within the public education
system. The availability of casual and temporary
teachers is an extremely important factor in the
working conditions of the permanent teachers. It is
in the interests of all permanent teachers in a school
that the working conditions of casual and temporary
teacher members are protected.
Federation representatives should ensure casual and
temporary teachers are treated fairly, both to protect
their employment rights and to ensure that when your
school needs to employ casual and temporary teachers
that they will be prepared to work at your school.
Casual and temporary teachers are an important and
significant sector of the Federation’s membership and
are encouraged to take active part at all levels of the
union’s decision making forums. Federation casual and
temporary teachers are strongly encouraged to apply
for Trade Union Training and professional development
opportunities that the Federation conducts.
Casual and temporary teachers are an important and significant
sector of the Federation’s membership and are encouraged to take
active part at all levels of the union’s decision making forums.
4
NSW TEACHERS FEDERATION
A Little Bit of History
It is worth remembering that the Department of Education and
Communities (DEC), in whatever form it has existed, has opposed every
betterment and working condition that the Teachers Federation has sought
for casual and temporary teachers for the last 50 years.
The current working conditions you
have were fought for by the Federation
and teachers just like YOU. It did not
happen by accident nor was it given by a
benevolent employer or government.
In 1995 the Federation funded a group
of thirteen long serving, women casual
teachers to lodge individual complaints
of discrimination with the NSW AntiDiscrimination Board (Amery & Ors).
In the 1950’s and 1960’s there were very
few casual teachers except for some
retired principals and district relief
teachers A teacher could be away for
more than two weeks before a “casual
teacher” would be engaged. There
were industrial disputes undertaken by
individual schools and local teachers
associations that made breakthroughs in
the hiring of casual teachers
In 2001, the Administrative Decisions
Tribunal gave its judgment in the matter
of Amery & Ors V The State of New South
Wales (2001) NSW ADT 37.
During the 1970’s there was a rise in
the numbers of casual relief and casual
supply teachers employed by schools.
These teachers had very few working
conditions and a very poor salary
when compared to their permanent
counterparts of the day.
In the late 1970’s the Teachers
Federation mounted a campaign to
have casual teachers paid equivalent
salaries and conditions. This resulted
in a landmark Salaries and Working
Conditions Award handed down by the
NSW Industrial Commission in 1984 –
The ‘100 day’ Casual Teachers Award it
represented the first ‘Award’ for casual
workers in Australia.
While the award was still flawed in that
it did not remove the ‘incremental salary
barrier’ for casual teachers it did for the
first time recognise long term casual
teachers (later to go on to become the
temporary teachers classification) and
provided access to better salary and
leave conditions.
During the 1980’s in various teacher
salaries campaigns and in the Industrial
Commission the federation fought to have
the incremental salary barrier removed.
The tribunal found that the “Amery”
women teachers employed by the
Department of Education and Training
in the same casual school teaching
position for a period of eight weeks
or more performed work equivalent
to that performed by their permanent
colleagues and were victims of indirect
discrimination based on their sex. The
decision was successfully appealed
in the High Court by the NSW state
government. However, this action
over the preceding decade led directly
to pressuring the DEC to rectify the
anomaly of an incremental barrier for
long term casual teachers.
The result was the creation of the
temporary teacher engagement in
2001 with full pro-rata of salaries
and conditions and the removal of the
incremental barrier for temporary
teachers. By 2005 temporary teachers
were able to reach step13 of the
common incremental salary scale. Step
13 is the top of the salary scale used to
pay all permanent classroom teachers.
Since then the Federation has taken
up a number of matters for temporary
teachers including incremental
progression when temporary service
is combined with permanent service, a
host of individual matters for temporary
teachers around leave and continues to
pursue access to extra release time for
new scheme temporary teachers.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
5
Membership fees
Federation’s casual and temporary teacher members have a union and a network that will protect
and work to improve the conditions under which they work. If at any stage you need advice or
help that is not covered in this handbook, you should contact the union via your local Federation
Organiser or the Communications Section on 1300 654 367 or 9217 2380.
Casual and temporary teachers are automatically
allocated to the local Teachers Associations by your
home address, however it is possible to be allocated
via the school in which you work, especially if this is
the school in which you do the majority of your work or
where you are in a long term temporary engagement.
Do casual and temporary teachers’ pay
the same membership fees as permanent
members?
1. Introduction
No, The Federation has structured the fees so casual
and temporary teachers’ pay considerably less.
The membership fees for temporary full time, part
time or casual school teachers are described in the
Federation’s Rules and calculated as a proportion of
the permanent full time teacher fee rate (defined at
Rule 2.5.2.1).
For casual and temporary school teachers, these are:
2.5.2.3 For members employed as temporary school
teachers in a full time capacity a membership fee
which is two-thirds of the annual membership fee set
pursuant to Rule 2.5.2.1.
2.5.2.4 For members employed on a temporary part
time basis, a pro rata contribution which bears the
same relationship to the annual membership fee as
the number of days or hours worked by the member
to a temporary member as described in 2.5.2.3 but not
less than the annual fee payable by a casual school
teacher as described in 2.5.2.5.
2.5.2.5 For members employed as casual school
teachers, permanent teachers on leave without pay
undertaking relief duty and associate members
admitted pursuant to Rule 2.2.3 a membership fee
which is one-third of the annual fee set pursuant to
Rule 2.5.2.1.
How can I pay my membership fees?
Casual and temporary fees can be paid fortnightly,
monthly, quarterly or yearly. Payment options include
online via the union’s website, by invoice, by BPAY,
automatic credit card payment or via the direct debit
service through any nominated bank.
6
NSW TEACHERS FEDERATION
What happens to my membership
contributions if my employment changes
during the year?
Under Federation’s Rule 2.5.4, members securing
employment must change their membership to the
appropriate category. Members moving from one
category of membership to another category that
carries a higher contribution fee are liable for the
difference in the contribution rates between the
categories.
Casual and temporary teacher members need to
ensure they are paying their membership fee at
the correct rate to be certain of receiving full union
membership entitlements.
Who is eligible for registered membership?
Registered membership is for members seeking
employment with the DEC who have failed to secure
any work.
The registered fee has been structured in an effort
to alleviate any financial hardship. Therefore, if you
are currently registered with the Federation as a
registered member but have secured casual or
temporary work, you must amend and update your
membership category immediately by contacting the
Federation Membership section on 1300 654 363 and
quoting your membership number.
If you secure a temporary or permanent appointment
during the year you should complete and pay the
appropriate rate less any credit for the unused portion
of casual membership fees paid.
Membership forms are available online from the
Federation’s website at http://www.nswtf.org.au/join.
html or from the Federation Representative at your
school. Alternatively, you can contact the Federation
Membership section 1300 654 363 to advise of your
temporary or permanent appointment, and an account
will be forwarded to you.
What if I don’t upgrade to the
correct membership level when
I commence an engagement?
You would be regarded under the
Federation rules as being unfinancial.
Unfinancial members are not eligible for
any services offered by the Federation,
including assistance regarding matters
such as workers compensation, salary
inquiries, industrial disputes or legal
assistance. Applications for legal
assistance in unfair dismissal cases
involving some casual and temporary
teachers have had to be declined, due to
the fact that the member had only paid
the registered membership fee and had
not upgraded to the casual rate, or had
paid the casual rate but was working as
a temporary teacher.
If at any stage you need advice
or help that is not covered in this
handbook, you should contact
the union
CASUAL AND TEMPORARY TEACHERS HANDBOOK
7
2. Employment with
the DEC
Frequently asked Questions
Do I need to keep any evidence or record of
my casual and temporary teaching service?
Yes. It is always a good idea to regularly request the
DEC provide a written statement of your service for
your records. Statements of service are important
when trying to establish entitlements to salary
increases, long service leave, sick leave and so on. A
statement can be obtained by logging on to the DEC
portal to obtain a record of the days taught as a casual
teacher or the engagements worked as a temporary
teacher. This is particularly important if your casual
and temporary teaching service extends back over a
number of years and DEC payroll systems.
Federation has taken up cases for individual casual
teachers extending back to the 1960s but these have
been hampered where the individuals concerned
have no formal records of their work from that time.
Therefore, it is recommended that casual teachers
keep separate records of their work including the name
of the school and dates of engagements.
2. Employment with the DEC
This can be done by keeping copies of service records
from the DEC portal and leave forms, pay advice slips,
tax group certificates or even a diary of the individual
days worked and the name of the teacher replaced.
These individually held records allow Federation
to dispute service records if there is a discrepancy
between your record and the DEC’s records.
How do I apply for DEC approval to teach
as a casual or temporary teacher?
All teachers in New South Wales who commenced
employment after October 2004 need to be accredited
with the NSW Institute of Teachers.
Teachers cannot teach casually or as a temporary
teacher in a DEC workplace unless they have a current
approval to teach from the DEC. An application to teach
with the DEC is available on the DEC website at https://
www.det.nsw.edu.au/about-us/careers-centre and
following the links.
Teachers who were previously employed as either
permanent full time or permanent part time or as a
temporary teacher, but resigned or retired, must seek
a new approval to teach before seeking casual and/or
temporary work in government schools.
8
NSW TEACHERS FEDERATION
Depending on the length of time since you last taught
you may be required to become a new scheme teacher
with the NSW institute of Teachers. Generally if you
were first employed before October 2004, and you have
only had a break of service from the DEC of less than
five years, you will only need to obtain a casual and
temporary approval to teach with the DEC.
If you have had a break in employment in NSW of
greater than five years you will be a new scheme
teacher under the Institute of Teachers Act 2004. Since
2011 the minimum academic requirement for a teacher
in NSW is a four year degree or equivalent. If you only
hold a three year qualification, it may be possible to
gain ‘conditional accreditation’ with the NSW Institute
of Teachers, but you will need to upgrade your
qualification within a specified period.
To obtain approval to work as a casual, temporary or
permanent teacher in NSW public schools:
1.You will need to give your consent to probity checks
and send required supporting documentation
by post. When you have submitted your online
application, you will receive a checklist of required
documentation by email. Some of the supporting
documentation includes:
>your employment history both teaching and
non-teaching;
>birth certificate or other proof of identity such
as a passport;
>Australian citizenship or permanent residency
(if applicable) or a visa permitting employment.
2.You will also be required to attend a personal
suitability for teaching interview. You will receive
by email an invitation to book an interview time
when your qualifications have been assessed and
mandatory checks have been completed.
3.The DEC will also conduct a criminal record check
and a “Working with Children” check. A previous
criminal conviction may, under the Teaching
Services Act 1980, make you ineligible to be
employed in the public school system. Federation’s
general advice is that applicants for teaching
approval should not withhold information about
criminal convictions. Applicants may wish to contact
Federation for further advice on this matter.
4.If you experience unreasonable delays in arranging
an interview with the DEC, you should contact
Federation and the union will try to expedite the
matter.
5.If you are currently employed as a permanent
teacher it will not be necessary to have a DEC
interview to gain an approval to work as a casual
teacher as long as you seek approval before you
retire or resign.
6.If you have broken employment with
the DEC, it may be necessary to
attend an interview. The DEC will also
conduct a new criminal record check.
It will be necessary for persons
seeking re-employment to attend a
personal suitability interview if:
>your previous service was less than
12 months duration (that is, you
resigned or retired in the first year
of a permanent appointment);
>your service was deemed
unsatisfactory at the time of your
resignation/dismissal from the
DEC; or
>at the time of your resignation
or retirement you were not
recommended for re-employment
by a principal’s comment on your
resignation/retirement form.
You may not be aware that such a
comment exists on your file until
reapplying for approval to work as a
casual or temporary teacher.
If your application for a teaching
approval is declined or you are called
for a subsequent interview, you should
contact Federation for advice and, if
necessary, assistance before proceeding
to lodge an appeal or attend a further
interview.
How do I know if I am employed
correctly as either a casual or
temporary teacher?
The length of the vacancy determines
whether the engagement is a temporary
or casual engagement. This is an Award
provision and not up to the school to
determine.
If the vacancy is four weeks or more full
time, then the teacher has to be engaged
as a temporary teacher.
If the vacancy is part time and less than
one full day per week and/or less than
two terms, then the teacher has to be
engaged as a casual teacher.
Do I have to complete any number
of days in a position to become a
temporary school teacher?
No. At the outset, the length of the
engagement determines whether it is a
temporary or casual engagement. You
are a temporary school teacher from the
beginning of the engagement when the
engagement is four weeks or more full
time or from one to four days per week
for two terms or more.
Can the principal refuse to appoint
me as a temporary school teacher?
No. The principal is required to engage
you as a temporary school teacher if
the period of the engagement is four
weeks or more full time or one to four
days per week part time for two terms or
more. To do otherwise is illegal as it is a
contravention of the award. If a principal
refuses to appoint you as a temporary
school teacher, you should contact
Federation immediately.
I am employed as relief for the
Reading Recovery Program for the
whole year. Do multiple part days
per week count as temporary
employment?
Generally no. The award provision is
based on whole days or half days added
to whole days for temporary school
engagements. For example a teacher
teaching two hours per day for the whole
week would be deemed a casual teacher.
However a teacher employed for half a
day for the whole week for more than
two terms would be able to be employed
as a temporary teacher.
If the vacancy is one day per week or
greater for two terms or more, then
the teacher has to be engaged as a
temporary teacher. (Note the ‘one day
or more’ can be part days but must be in
multiples of half days).
If the vacancy is less than four weeks full
time, then the teacher has to be engaged
as a casual teacher.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
9
I am a casual/temporary teacher with the DEC
who applied for a vacant permanent position
via advertisement. Am I able to lodge an
appeal against a local selection appointment?
Casual/temporary teachers are external to the
NSW Teaching Service and are not eligible to appeal
against the appointment of either an internal (existing
permanent teacher) or another external applicant.
However, a casual or temporary teacher can write a
formal complaint.
Do I need to have an application for
permanent employment lodged with the DEC
before applying for advertised positions?
Yes. The application form is located at https://www.det.
nsw.edu.au/about-us/careers-centre/school-careers/
teaching on the DEC website.
Salary and Incremental
Progression
2. Employment with the DEC
How is the daily salary rate calculated for
casual teachers?
Casual teachers are paid an hourly or daily rate of pay.
This is determined by dividing the annual salary of a
teacher on the same salary scale by 203 plus a loading
of five per cent. This loading is to compensate for the
loss of short forms of leave that are available to a
temporary or permanent teacher including sick leave,
family and community service leave, special leave and
annual leave loading, but which are not available to
casual teachers
Current casual teacher rates of pay can be found
at Schedule 5 in the Crown Employees (Teachers
in Schools and Related Employees) Salaries and
Conditions Award. This can be found in the Members’
area of the Federation website at www.nswtf.org.au.
How is the salary rate calculated for
temporary teachers?
Temporary teachers are entitled to pro rata salary
of permanent teachers. Temporary teachers like
permanent teachers are paid on the common
incremental salary scale. See the Salaries and
Conditions Award for current rates. This can be found
in the Members area at www.nswtf.org.au.
10
NSW TEACHERS FEDERATION
How much service must be completed by a
casual teacher in order to progress to the next
step of the salary scale?
On completion of 203 days of casual school teacher
service, irrespective of breaks in that service, a casual
school teacher is entitled to progress to the next daily
rate of pay according to their classification. However,
the maximum equivalent annual salary that a four year
trained casual teacher can be paid is at Step 8 of the
13 step incremental scale. Two and three year trained
casual teachers are paid at a maximum equivalent of
Step 6 and Step 7 respectively.
What service counts for incremental
progression as a casual teacher?
All days of casual service worked in a DEC school (that
is, days worked or paid days of leave) from January
1, 1984 count towards the 203 days required to gain
an increment on the salary scale. Previous service
in other school systems recognised by the DEC of 12
months or more can contribute to your salary level
with the DEC. In addition full time child rearing of
three years or more can also contribute to a teacher’s
incremental salary level. The maximum incremental
credit for child rearing is 12 years (four increments).
See the DEC website https://www.det.nsw.edu.au/
about-us/careers-centre/resources/assessment-ofprior-service/
How much service must be completed by a
temporary teacher in order to progress to the
next step of the salary scale?
On completion of 203 days of temporary school
teacher service in DEC schools, irrespective of
breaks in that service, a temporary school teacher
is entitled to progress to the next salary level of the
common incremental salary scale according to their
classification. However, a temporary teacher can also
progress to the next increment of the salary scale if
they complete a whole year of service in a school even
if the school year is less than 203 provided they are
in one continuous engagement. This is particularly
important for those teachers in the Western Division
of NSW where the school year is sometimes 195 days.
What service counts for incremental
progression as a temporary teacher?
>All days of casual service worked in a DEC school
(that is, days worked or paid days of leave) from
January 1, 1984 until 1 January 2001.
>All previous permanent, permanent part-time
and temporary teaching service from January 1
2001 since the creation of the Temporary Teacher
classification.
>Previous service in other school
systems recognised by the DEC of
12 months or more can contribute to
your temporary salary level with the
DEC. This is particularly important
if you have worked as a teacher in
another state or country, or have
worked for a private school in NSW.
>In addition full time child rearing
of three years or more can also
contribute to a teacher’s incremental
salary level .The maximum
incremental credit for child rearing is
12 years (four increments).
Can I combine casual and
temporary service for the
calculation of salary increments?
The DEC does not allow a teacher to
combine their temporary service with
their casual service for the purpose
of incremental progression. The only
exception is when a casual or temporary
teacher gains a permanent or permanent
part time position, where the DEC is
obliged to combine a teacher’s service as
a casual teacher and temporary teacher
to determine the teacher’s correct salary
increment and status.
In addition, on gaining a permanent
or permanent part-time position, a
temporary or a casual teacher since 1
January 2005 can use their residual days
of service from their last incremental
salary date to add to their permanent
service towards their next incremental
date as a permanent teacher.
For example, a temporary teacher
may have worked for 150 days since
their last incremental salary date. On
gaining a permanent teaching position
this teacher would be eligible for their
next incremental salary increase as a
permanent teacher after 53 days in the
permanent teaching service.
The Federation is still campaigning to
allow teachers to combine their casual
and temporary days for incremental
progression with the DEC while still
working as a temporary or casual teacher.
This is particularly important for teachers
in the early part of their teaching career
while they are waiting for their first
permanent teaching appointment.
Can I lose a salary increment if
I have an extended break in my
teaching as a casual or temporary
teacher?
No, not since term 1 2005. The
Federation campaigned to have negative
salary increments abolished as it was
potentially discriminatory against
women with broken service for child
rearing. Prior to this date, if temporary
or casual teachers had a break in service
of three years or greater they lost a
salary increment.
For example, a temporary teacher on
step 8 of the salary scale goes overseas
for three years. On their return to a New
South Wales DEC school, their salary
rate would still be step 8 as a temporary
teacher. Prior to term 1, 2005 it would
have been reduced to step 7.
Points to remember:
>Many casual and temporary teachers
fail to claim their previous teaching
experience which would enable them
to receive extra increments. Teaching
in another recognised education
system for 12 months full time
receives a one for one increment.
>Casual and temporary teachers can
gain accreditation for child rearing in
the same way permanent teachers
can. Three years of full time child
rearing equals one salary increment,
with four increments being the
maximum claimed.
>It was possible to claim previous
full time industry experience on
gaining a teaching position but this
was unilaterally removed in 2005 by
the DEC. The previous provision was
one salary increment for every three
years full-time industry experience.
The Federation believes this was a
retrograde step by the DEC and fails
to take into consideration the other
skills that individuals have gained
when coming to teaching midcareer. There are limited provisions
to recognise relevant industry
experience if the teacher has been
in a DEC retraining scheme.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
11
>It is advisable to keep accurate records of the days
worked so that when you get close to your next
increment you can inform the DEC. This should
happen automatically but Federation’s advice is to
write to the DEC informing them that “according to
my records I have completed 203 days of service,
please adjust my salary accordingly”.
>If you have been a permanent teacher who has
resigned and is now casual teaching, your years
of service are credited to determine your salary
level as a casual or temporary teacher. DEC still
maintains a pay structure for casual teachers
where the maximum salary is step 8 of the common
incremental scale. However if you gain work as
a temporary teacher you should be placed on
the same step of the salary scale as you were on
for your previous permanent or permanent part
time teaching position. If you were in a promotion
position, your temporary salary should be step 13 of
the common incremental salary scale.
2. Employment with the DEC
>It is possible to claim casual service for salary
purposes prior to 1984. However, it is extremely
difficult to have this service recognised. For salary
purposes a casual teacher had to be working five
days per week continuously for two years (three
years continuously if part time) to claim increment
progression.
While it is difficult to claim casual service prior to 1984
for incremental salary purposes, it is not so difficult
to claim this pre 1984 service for long service leave
purposes. Casual and temporary teachers should,
when trying to establish their service record, seek a
statement of service that includes all service, even pre
1984 if they have casual service from this time.
First Pay as a Casual Teacher
On your first day as a casual teacher you will need to supply
the following documents to the DEC via your school:
> a copy of your current Approval to Teach document
>your bank/credit union account details, including
BSB and account numbers
>your tax file number
>your current address and contact details
The school will then be notified by the DEC of your
casual payroll number. You do not need to submit a
casual pay claim. The school administration staff will
submit this electronically to the DEC on your behalf.
Claims are generally paid within two working days
following the close of the current pay fortnight. Claims
submitted after the close of the pay fortnight are
generally paid within two working days of receipt.
12
NSW TEACHERS FEDERATION
At the start of each day as a casual teacher, you should
report to the school’s office and sign on immediately
upon arrival. It is not necessary to sign out at the end
of the day. Each fortnight, pay advice will be sent to your mail
address. You should always retain a copy of this pay
advice in the event of experiencing a problem with your
pay. Additionally, records of days worked as a casual
teacher can be found through the DEC’s Employee
Self Service website at https://www.det.nsw.edu.au/
shr/. After logging in, you will need to visit My Pay à
Pay History, where you will find a record of your casual
teaching days. Only rely on your online records if you do
not have access to your pay advice.
Points to remember:
>Schools will submit pay claims on your behalf. If you
want a record of the days you work, make sure you
ask the school administrative staff regularly. It is
also advisable to make independent notes of days
worked as a casual teacher. You only need to submit
the relevant documents at the first DEC school you
work at. All of your records will then be entered into
the DEC’s system.
>Notify DEC’s Salaries section of any change of
address or change of bank account immediately.
If you also have your name on the Department’s
waiting list for a permanent position it will be
necessary to change your address and contact
details directly with DEC’s Staffing section. Do
not assume that when notifying a change of your
address with one section of the DEC that this
information will be passed on to Staffing. You can
keep your address up to date by using the Employee
Self Service link, which can be accessed at https://
www.det.nsw.edu.au/ or through the DEC Employee
Portal at http://portal.det.nsw.edu.au.
What if there is a problem with my casual pay?
Once a claim has been paid, a pay advice will be
forwarded to your home address. This advice will
also include your six digit casual payroll number. This
number should be included in any correspondence
relating to your casual payment.
As a casual teacher, if you experience problems
with your pay you will need to contact the Employee
Services Unit at Blacktown 1300 338 004. Make sure
you get the name of any Departmental officer you
speak with and if they give a reason why your pay is
late, record this.
If you are not satisfied with the response or answer to
your enquiry ring the Federation’s Communications
Section on 1300 654 367 for assistance and advice.
First Pay as a
Temporary Teacher
On your first day as a temporary teacher
you will need to supply the following
documents to the Department via your
school:
>a copy of your current Approval to
Teach document
>your bank/credit union account
details, including BSB and account
numbers
>your tax file number
>your current address and contact
details
You need to sign your temporary teacher
engagement notice as does the Principal
of the school. Make sure you keep a copy
of the engagement notice. The school
needs to submit this to the DEC as soon
as possible.
The school will then be notified by the
DEC of your temporary payroll number.
If you are a temporary teacher do not
submit a casual pay claim as it will
result in a potential overpayment and
problems with the Australian Tax Office.
Each fortnight, pay advice will be sent to
your email address. You should always
retain a copy of this pay advice in the
event of experiencing a problem with your
pay. Additionally, records of days worked
as a temporary teacher can be found
through the DEC›s Employee Self Service
website at https://www.det.nsw.edu.au/
shr/. After logging in, you will need to
visit My Pay à Pay History, where you will
find a record of your teaching days. Only
rely on your online records if you do not
have access to your pay advice.
What if there is a problem with
my temporary teacher pay?
Temporary teachers’ pay and leave is
dealt with by Employee Services in either
Newcastle or Wollongong.
Temporary teachers in the following
regions: Hunter & Central Coast,
Northern Sydney, Western Sydney, New
England, North Coast should deal with
the Newcastle office:
Telephone:1300 338 001
Facsimile: 1300 338 121
Email:
employee.services.
newcastle@det.nsw.edu.au
Temporary teachers in the following
regions: Illawarra & South East,
Riverina, South Western Sydney, Sydney,
Western NSW should deal with the
Wollongong Office:
Telephone: 1300 338 002
Facsimile: 1300 338 122
Email:
employee.services.
wollongong@det.nsw.edu.au
Make sure you get the name of any
Departmental officer you speak with and
if they give a reason why your pay is late
or incorrect, record this.
If you are not satisfied with the response
or answer to your enquiry ring the
Federation’s Communications Section on
1300 654 367 for assistance and advice.
Why has DEC informed me
that I have incurred a salary
overpayment?
If you were incorrectly employed as a
casual teacher at the commencement
of an engagement and the status is
retrospectively adjusted to temporary
status, it is likely that you will have
incurred a salary overpayment. As a
consequence, you may seek to lodge
an amended tax return for any tax
year affected by the overpayment of
salary. The DEC has agreed to issue
amended tax statements and defer
any recovery of monies in accordance
with Procedures for the Recovery
of the Tax Component made in the
Preceding Financial Year as agreed with
Federation. It is recommended that you
contact Federation for further advice on
the matter. See section below ‘Casual to
temporary teacher conversion’.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
13
Teachers sometimes argue they should stay a casual
and not become temporary to avoid having to repay the
overpayment. However, all teachers should understand
that the award requires the correct payment and
status to be provided and, moreover, it is far better for
a teacher to accumulate temporary service because
of the superior conditions and also because of the
possibility of achieving step 13 on the scale rather
than a maximum of step 8 as a casual teacher.
I am a 3YT (or 2YT) teacher. Am I eligible to
access the 4YT casual rate of pay?
A teacher with two or three years training who has
substantively occupied a school based promotion
position in a NSW government school and subsequently
resigned or retired from the teaching service and has
sought approval to teach casually, may be granted
access to the top of the four year trained (4YT) casual
rates of pay.
Such a teacher shall be placed on 4YT casual rates of
pay at a point equal to a 4YT teacher with the same
length of service.
2. Employment with the DEC
A teacher who has gained access to the 4YT casual
rates of pay on this basis is governed by the same
conditions as any other 4YT casual teacher. For
example, casual teachers placed on 4YT rates of pay
but below the maximum rate will be eligible for an
increment upon completion of 203 days casual service.
What is the rate of pay if I relieve in a PP6
principal position?
When a casual teacher or a temporary teacher
replaces a principal in a P6 school (enrolment of 1–25
students), a teacher in charge of a hospital school,
or a teacher in charge of an environmental education
centre for 10 days or more, the casual teacher will be
paid the daily equivalent rate of a PP6 principal with a
5% loading. A temporary teacher who replaces a PP6
principal will be paid the equivalent PP6 salary (i.e.
engagements over four weeks full time).
The PP6 salary rates for permanent PP6 principals are
provided in the current Crown Employees (Teachers
in Schools and Related Employees) Salaries and
Conditions Award at Schedule 4, and current daily rates
of pay for both casual and temporary appointments
can be found in the Members’ area of the Federation
website at http://www.nswtf.org.au/members/home.
14
NSW TEACHERS FEDERATION
Superannuation
Are employer contributions to superannuation
payable for work as a casual or temporary
teacher?
The DEC is required by legislation to contribute an
amount equivalent to nine per cent of your salary into
superannuation. All teachers have the ability to direct
the employer funded superannuation contribution to
any compliant superannuation fund.
The default superannuation fund for DEC employees
is First State Super. More information can be found at
www.firststatesuper.nsw.gov.au/contactus.
The Federation does not provide financial advice other
than general information on such matters.
Private and Secondary
Employment
Temporary teachers are subject to the same policy
provision as permanent teachers when working with
the DEC when it comes to holding a second job or other
employment when employed in a teaching position.
Teachers need to seek the permission of their Principal
to work in such other employment. This policy does
not apply to casual teachers. More information can be
found at the DEC’s website at https://www.det.nsw.
edu.au/policies/staff/ethical_behav/priv_sec_employ/
PD20030007.shtml?level.
Relief Teaching: Permanent
Teachers on Leave Without
Pay
Permanent teachers on an approved form of unpaid
leave can seek to work as casual or temporary
teachers. It is not possible for a teacher on paid leave
to work as a casual or temporary teacher.
Permanent teachers on leave without pay:
>who undertake casual relief teaching of less than
four weeks continuous duration will receive the
casual rate of pay which (as per the award) is loaded
by five per cent to be inclusive of sick leave, family
and community service leave, special leave and
leave loading
>the relevant casual rate will be determined by the
number of years of service the teacher has as a
teacher with the DEC, up to a maximum equivalent
salary of step 8 on the 13 step salary scale.
>who are appointed to a temporary
engagement or meet the
requirements of a temporary teacher,
will be paid and receive the same
salary and conditions as a temporary
teacher or permanent teacher
>the temporary teacher salary rate will
be the same as the salary rate paid
to the teacher in their permanent
position.
The “credit” for service under this
scheme will be automatic and should
be provided to you by the DEC after
50 days of service. The scheme also
operates whether you are on the
“active” or “inactive” list for permanent
employment.
DEC Recognition
of Service
Federation advises that while the
scheme is automatically advised by the
DEC after 50 days of casual service, an
individual casual or temporary teacher
should keep a record of their own service
to validate/dispute the DEC’s calculation.
Federation has sought a number of benefits
for casual and temporary teachers for
service undertaken in public schools.
What is the Teacher Employment
Priority Scheme (TEPS)?
Federation has negotiated with the DEC
to secure improvements to the School
Staffing Priority Date system. The basis
of the scheme is that those casual
teachers who work in the NSW public
school system should be “rewarded” in
terms of moving faster up the priority
date system for permanent employment.
Under TEPS there are three categories
of benefit connected with casual teacher
service in three groups of schools. The
particular TEPS category for each school
is listed in the DEC directory of schools.
>Category 1: 50 days of service equals
six months backdating of priority date
>Category 2: 50 days of service equals
12 months backdating of priority date
>Category 3: 50 days of service equals
18 months backdating of priority date.
As an approximate guide:
>Schools in category 1 are generally
schools that attract 1 transfer point.
>Schools in category 2 are generally
schools that attract 2, 4 or 6 transfer
points.
>Schools in category 3 are schools that
attract 8 transfer points.
However, you must hold a current
application for permanent employment
with the DEC.
The scheme was operative from day 1,
term 2, 1999.
Can I accrue transfer points as
a casual or temporary teacher?
Yes. Casual teachers have been entitled
to transfer points in schools that are
allocated 4, 6, and 8 transfer points
since the transfer point system started.
Since term 3, 1997 service in 1 point
and 2 point schools can be counted by
casual teachers (but no retrospectivity
is given for these schools before term
3, 1997). Temporary teachers have been
able to accrue points since the creation
of the temporary classification in 2001.
Points are accumulated on the basis of
years of service or pro rata service if less
than the calendar year. For example,
a casual teacher working in a 4 point
school for two terms, five days per week
would be entitled to 2 transfer points;
a casual teacher working for the whole
year, averaging 2.5 days per week would
be entitled to 2 points at the point of
accessing a transfer.
At present the points accumulated by
casual and temporary teachers cannot
be accessed until after the person
is permanently appointed, and then
only after the three years of service
necessary to be eligible for a service
transfer or two years of service in an
incentive school.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
15
Casual to Temporary
Teacher Conversion
Each year the Federation deals with a significant
number of teachers who have been either deliberately
or inadvertently employed by a school as a casual
teacher when they should have been employed as
a temporary teacher. When this occurs the teacher
should contact the Federation for advice and assistance
to have the matter rectified.
The Federation was so concerned by the number
of possible breaches of the teacher’s award that it
sought an agreement with the DEC on how a teacher’s
status could be converted to the correct category of
employment as per the award
Neither the school nor the individual teacher can
determine the teacher’s status outside of the award.
The length of the engagement determines whether it is
casual or temporary employment
2. Employment with the DEC
If you believe you should have been employed as a
temporary teacher at the beginning of the engagement,
do not let the school put you on the casual daily rate as
an interim measure as it will invariably lead to a salary
overpayment and potential problems around both
entitlements to leave and tax. It is better to contact
the union immediately.
In the event that you are employed in the wrong
category the following will apply as agreed between
the Federation and the DEC
1.Where it was known from the commencement of
the employment, that a position would be vacant
for four weeks or more full time or one to four
days per week (part time) for two terms or more
but a teacher was employed as a casual teacher in
the position, the DEC will undertake a conversion
from casual to temporary service for the teacher
concerned. This conversion will occur from the
original date of the employment. In this situation
when the teacher requests a conversion to
temporary the employee will be advised in writing
of their conversion entitlements (an over or underpayment) including a detailed calculation sheet,
including information provided to the Australian
Tax Office by the DEC.
Example
For example, if the replacement teacher is employed
for two weeks, but the approved leave of the substantive
permanent teacher is for the whole term, then clearly,
the school has employed the casual teacher in the
incorrect category and a conversion from casual to
temporary will take place from the date of the initial
employment of the teacher.
16
NSW TEACHERS FEDERATION
2.Where a teacher was initially employed as a casual
teacher, in a position where the school did not
know it would be vacant for four weeks or more
full time or two terms or more part time, but the
engagement was extended subsequently because
the position became vacant for a further four weeks
or more full time (or a further two terms or more
part time), the DEC will undertake a conversion
from casual to temporary service. This conversion
will occur from the date it became known that the
position would be vacant for a further four weeks or
more fulltime (or a further two terms or more part
time.) In this situation when the teacher requests
a conversion to temporary the employee will be
advised in writing of their conversion entitlements
(an over or under-payment) including a detailed
calculation sheet, including information provided to
the Australian Tax Office by the DEC.
Example
For example, a teacher is initially employed as a
casual teacher for two weeks to replace a teacher
who was on long service leave but the permanent
teacher decides to relinquish the position pending
retirement after one week of the casual block .The
DEC staffing unit tells the school that the now vacant
position is not likely to be filled until the beginning
of the next term. In this case the school extended
the engagement by nine weeks. The position would
become temporary at the end of week one whether this
occurred at the time, or, retrospectively, if the teacher
had not already been converted to temporary status at
the end of the first week.
3.Where a teacher was initially employed as a full
time casual teacher for a period of less than four
weeks, and it was not known at the commencement
of employment that the position would be vacant
for four weeks or more, no conversion from casual
to temporary service shall occur if the period of
casual employment is subsequently extended up to
10 working weeks in a school year in circumstances
where it was unknown that the position would
be vacant for a further four weeks or more.
However, conversion from casual to temporary
shall occur if the period of casual employment was
subsequently extended beyond 10 working weeks
even if it was unknown that the position would be
vacant for a further four weeks or more full time.
The request for this conversion must be made by
the employee within four weeks from the end of
the casual employment. Upon this request the
conversion would be from the date of the original
commencement of the employment.
Example
For example a teacher was employed
replacing another teacher on sick leave
or workers compensation for say two
weeks and then another two weeks
and so on. If this continued longer
than 10 weeks in total a teacher could
apply for a conversion from casual to
temporary status from the initial date
of the engagement as a casual teacher
(note there is a time limit of four
weeks to apply for such a retrospective
conversion). If the extension was say two
weeks at a time but less than 10 weeks
in total, there would be no retrospective
conversion to temporary and the casual
teacher status would stand.
4.Where a teacher was initially
employed as a part time casual
teacher for less than two terms
and it was not known at the
commencement of employment
that the position would be vacant for
two terms or more, no conversion
from casual to temporary service
shall occur if the period of casual
employment was subsequently
extended up to 30 working weeks in a
school year in circumstances where it
was unknown that the position would
be vacant for two terms or more.
However, conversion shall occur if
the period of casual employment
was subsequently extended beyond
30 working weeks even it if was
unknown that the position would be
vacant for a further two terms or
more part time. The request for this
conversion must be made by the
employee within four weeks from
the end of the casual employment.
Upon this request the conversion
would be from the date of the original
commencement of the employment.
Example
This is the same as the scenario
in number 3 but in a part time
engagement. For example a teacher was
engaged initially as a part-time librarian
for four weeks, then this was extended
term by term as the substantive teacher
extended their leave period term by term
and the extension of the engagement
went past 30 weeks. The casual teacher
could apply to have the whole period
converted to temporary status. If
however the extension(s) of the vacancy
was less than 30 weeks no conversion
would take place.
5.When an employee was engaged
as a temporary part time teacher
or employed as a casual part time
teacher, and, in addition was engaged
concurrently as a casual teacher in
another part time vacant position, no
conversion from casual to temporary
service shall occur, irrespective that
the combined engagements may
result in the teacher working five
days per week for four weeks or more
except in the following circumstances:
>When there are several vacancies
at the same school, campus or
worksite and it was known from the
commencement of the vacancies
that when amalgamated it would
result in the employee working
full time for four weeks or more
or part time for two terms or
more, conversion from casual to
temporary service shall occur.
>When an employee as listed under
Schedule 7, Part A, Clause 2.1 or
Part B, Clause 1.1.2 of the Crown
Employees (Teachers in Schools
and Related Employees) Salaries
and Conditions Award 2009 has
the role of servicing a number of
schools and it was known from the
commencement of employment
that it would result in the employee
working full time for four weeks or
more, conversion from casual to
temporary service shall occur.
>Where the teacher and the DEC
agree as a matter of discretion
that conversion should take place.
Example
This situation covers those teachers
who may have multiple or combination
positions in a school or a group of
schools. Teachers who believe this
provision may apply to them should
contact the Federation for further advice.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
17
In addition to the scenarios above that form the
agreement between the DEC and the Federation, the
following is based on memoranda that the DEC issues
to principals each year. A teacher is employed by a
school as a casual teacher in an unfilled substantive
vacancy as the school is waiting for the DEC Staffing
unit to fill the vacancy and the Principal is unsure when
the vacancy will be substantively filled, especially if
the job is to be advertised and filled by the provisions
of the staffing agreement. The replacement teacher
should be employed as a temporary teacher in these
circumstances initially for four weeks and extended
as a temporary teacher accordingly.
The notice period should not include school holidays
where the last day of the engagement was prior to
that vacation period. If, however, the engagement
was across a vacation period, e.g. a whole year’s
engagement, then the vacation period may be included
in the minimum four weeks’ notice period.
before the end of the engagement. Sometimes this
will be initiated by the teacher and sometimes by the
school. In the case of the teacher initiated termination
there is no notice period that needs to be given
although as much notice as possible will help the
school organise a replacement. For instance, if the
temporary teacher is offered a permanent teaching
position in another school by the DEC then the teacher
should immediately accept the position and then
negotiate with the two school principals the starting
date at the new school .
Unless schools have applied for a variation of school
hours, the hours of duty for a casual teacher are:
If a temporary teacher who has been given appropriate
notice subsequently obtains another temporary
teaching position in another school during that notice
period, then the teacher should take up that position
and no additional payment is paid.
2. Employment with the DEC
Hours of Duty and Timetable
Termination of Employment Loads for Casual Teachers
as a Temporary Teacher
Primary
Sometimes a temporary engagement is terminated
If a school initiates a termination of the temporary
teacher’s engagement then four weeks’ notice needs
to be given.
The DEC advice to principals on this is as follows:
>It should be avoided wherever possible.
>In the first instance, the principal or nominee
should find reasonable alternative employment
as a temporary teacher for the remainder of the
engagement. The school should seek the assistance
of the School Education Director to find a suitable
position. If there is nothing available locally the SED
can seek the assistance of the School Staffing unit
to find a suitable temporary position.
>The temporary teacher is obliged to accept any
reasonable alternate employment offered.
>Where it is unavoidable the teacher should be given
a minimum of four weeks’ notice. The teacher is
expected to work that period before the termination.
However, if circumstances are such that is not
possible to provide work in the notice period, the
temporary teacher must be given payment even if
they do not work for all or part of the notice period.
18
NSW TEACHERS FEDERATION
>Morning: 9am to 12.30pm
>Afternoon: 1pm to 3.30pm.
Casual teachers employed on a daily basis are
expected to be on duty for six hours. Thirty minutes is
allowed for an unpaid lunch break. The total time at
the school is six and a half hours. Where the DEC has
approved the school to vary the “normal school hours”
and this results in the school’s day being less than
six hours, the casual teacher is paid for the full day
provided that the casual teacher works the same hours
as teachers employed permanently at the school.
Secondary
Single day vacancy
If a casual teacher is employed to replace another
individual teacher, the period load for the casual
teacher is that of the replaced teacher.
If a casual teacher is engaged on a “multiple teacher”
vacancy, the period load should be no more than six 40
minute periods or equivalent, plus one playground duty.
Where a casual school teacher relieves a school
teacher who has been timetabled to teach, as provided
in Teachers Award clause 15 “Teaching Hours for Years
11 and 12”, then the provisions of subclause 15.6 and
15.7 apply to the casual school teacher provided that
the time off can be taken either at the beginning or end
of the six and one half hour period of daily engagement
of the casual school teacher.
Multiple day vacancy
If a casual teacher is employed to replace
a teacher over a longer-term vacancy,
then the casual teacher undertakes the
period allocation of the replaced teacher.
The weekly load of the teacher should not
exceed 28 x 40 minute periods (or time
equivalent) plus sport.
All schools
What if I am employed for less
than a full day?
Casual teachers are sometimes engaged to
fill a vacancy for less than a full day. In this
case they will be paid on an hourly basis
(that is, the daily salary divided by six).
What is the minimum length
of a casual engagement?
The minimum time a casual teacher can
be engaged to fill a vacancy is two hours.
What happens if I report to a
school only to find that when I
arrive my services are no longer
required?
Where a casual school teacher reports
to a school for duty on any day on the
basis of a request by an authorised
officer and is then advised that her/his
services are not required, the casual
school teacher will be entitled to receive
payment for one half of one day’s pay at
the appropriate rate.
It is important that before leaving the
school, following advice that you are not
required to work, you immediately ask
to have your claim form signed by the
authorised person to indicate your half
pay entitlement.
Am I entitled to primary school release
from face to face (RFF) teaching?
Where a casual teacher is employed to
teach face to face for two hours and this
teaching crosses recess, they are paid
an additional quarter of an hour for the
recess.
Casual teachers employed for less than
five days per week are not entitled to
the release time of the teacher they are
replacing. Casual teachers employed
to replace a permanent teacher for five
days or longer are entitled to the release
time of the replaced teacher.
Where casual teachers are employed
for less than a full day but the period of
vacancy falls over the lunch break, the
salary paid to the casual teacher is the
total time at the school less half an hour
(as the half hour lunch break is unpaid).
Hours of Duty and
Timetable Load for
Temporary Teachers
Temporary teachers teach the timetable
load of the teacher they are replacing.
What happens if I am late to
work because of short notice
from the school?
If a school does not give adequate notice
to the casual teacher on the first day of
a vacancy, the casual teacher is entitled
to a full day’s pay if he/she reports
within 30 minutes after the normal
commencement time for that school.
For example: If employed as a temporary
school teacher in a secondary school
or the secondary section of a central
school you would have the same period
load as a permanent school teacher or
a permanent part time school teacher.
For example, if you are engaged full time,
your period load would be up to 28 x 40
minute periods per week or its equivalent
plus sport. (Note: award provisions still
apply and the principal requires your
agreement to take two periods of face to
face lessons instead of sport).
CASUAL AND TEMPORARY TEACHERS HANDBOOK
19
Release from Face to Face
(RFF) Teaching in Primary
Schools for Temporary
Teachers
If you are engaged as a temporary teacher in a primary
school or the primary section of a central school,
you are entitled to release from face to face teaching
regardless of whether you are a full time or part time
temporary school teacher. A full time temporary
school teacher is entitled to two hours RFF per week.
A part time temporary school teacher is entitled to pro
rata release on the basis of 24 minutes per 0.2 (0.2 is
equivalent to one school day) of the engagement. For
example, a temporary school teacher engaged for two
days per week (0.4) would be entitled to 48 minutes of
RFF per week.
Accommodation Expenses
2. Employment with the DEC
Can I claim accommodation expenses for
casual or temporary work undertaken in
remote areas?
In order to provide incentives for teachers in country
areas to accept vacancies of more than one day
to which they would not ordinarily be prepared to
commute daily, DEC will pay accommodation costs in
order to allow those teachers to fill the casual vacancy
under the following conditions:
>a teacher’s normal residence is more than 100
kilometres from the vacancy
>the intended vacancy must not be more than one
month’s duration and the locality of the teacher
vacancy must be at a school that is covered by the
Locality Allowance (see Schools Award to access
lists of schools on Locality Allowance).
>the rate of payment (accommodation and
sustenance) is at the same rate applicable to
district relief teachers (that is, actual expenses
less $4 per week).
It is very important that before accepting a position,
a teacher should enquire as to whether the vacancy
meets the conditions outlined above. Once the position
is accepted, Federation advises the teacher to keep
receipts of expenditure.
20
NSW TEACHERS FEDERATION
Am I entitled to salary
payment for the day of
a school sports carnival?
A casual teacher may claim salary for a sports carnival if:
>the casual teacher would normally be on duty on the
particular day; and
>the casual teacher is on duty at the school during
the day or (if the whole school is involved in the
sports carnival) is allocated suitable duties at the
carnival.
It is not necessary for a casual teacher to transfer the
day to another day to be paid for the particular day.
Other Forms of Salary
Payment a Casual Teacher
may Claim
Am I entitled to salary payment for public
holidays?
Casual teachers in general are not paid for public holidays
that fall in school term time. This is because theoretically
these days have already been calculated in the daily rate
of pay (the annual salary divided by 203 days).
However, casual teachers working a weekly pattern
of work between 0.5 and 4.5 days per week can apply
to their school principal for a transfer of the day to
another day in the pay fortnight to maintain their salary
for that fortnight.
Am I entitled to salary for special school
holidays?
On some occasions special school holidays are granted
(for example, a school centenary or visit by Head of
State). When such days are granted, casual teachers
may claim salary for the day if they would have
normally been employed on the day.
It is not necessary for this day to be transferred to
another day in the fortnight to be paid for the special
school holiday.
3. Casual Teacher
Leave conditions
Leave Provisions –
Casual Teachers
Does all my casual employment
over the years count towards long
service leave?
Do casual teachers have any
leave entitlements?
The rates of pay for casual teachers are
loaded by five per cent to be inclusive of
sick leave, family and community services
leave, special leave and leave loading.
Casual teachers have access to paid and
unpaid Maternity Leave, paid Long Service
Leave, unpaid Personal Carers leave,
unpaid Bereavement Leave and unpaid
Parental leave. Since 2011 casual teachers
who meet minimum requirements can
access the Commonwealth Paid Parental
Leave (CPPL).
Long Service Leave
Casual teachers’ service accrues
towards long service leave and can
be taken as a period of paid leave as
a casual teacher or combined when
the teacher becomes a temporary or
permanent teacher with the DEC. It can
also be taken as a lump sum payment
in certain circumstances. However, the
provisions that operate in this area are
complex and a casual teacher can lose
their entitlement unwittingly due to the
provisions of the Long Service Leave
Act 1985. [The following section should
be read in conjunction with the section
on long service leave for temporary
teachers as most teachers combine
casual and temporary service before
gaining a permanent or permanent part
time position.]
Prior to the introduction of the
temporary teacher classification in 2001,
casual teaching fell into two employment
categories regardless of the time period
of the engagement:1. Casual Relief – Relief teachers were
casual teachers who replaced other
teachers whilst they were on leave,
such as maternity leave, long service
leave and sick leave.
2.
Casual Supply – Supply teachers
were casual teachers in full time
vacancies not filled by a permanent
teacher or in a long term part-time
position not filled by a permanent
teacher e.g. a 3 day a week teacher
librarian position.
This distinction is important only in the
calculation of service for the purpose
of long service leave entitlements if a
teacher has service with the DEC prior
to 1 January 2001.
The matter of counting casual service
for long service leave purposes had
been a long running dispute between
the Federation and the DEC. Until May
1985 the DEC only recognised casual
supply service and not relief service.
Federation had maintained that all
service regardless of whether supply
or relief should be counted due to the
changes to the Long Service Act in May
1985. The majority of casual teaching
work in this era was relief teaching not
supply meaning many teachers missed
out on having their total service with the
DEC recognised for long service leave.
The DEC finally accepted the general
scope of the Federation’s position and
from the beginning of 1997 put in place
procedures that recognise casual supply
and relief service from May 1985.
Please note: casual teaching service
from September 1970 to May 1985
counts in terms of the previous rules,
that is, only casual supply service is
counted for long service leave purposes.
Relief casual teaching does not count for
LSL purposes in the time period, prior to
May 1985.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
21
Can I lose my accrued long service leave
entitlement because of a break in service
as a casual teacher?
DEC has always vigorously applied the break in service
provision in the Long Service Leave Act. Breaks of
service of greater than two months will negate and
eliminate the period of casual service worked prior
to the break. The casual service worked prior to
the break will not count towards long service leave
accreditation. In other words, if a casual teacher has
a break of more than two months between casual
engagements then the previous service does not count
for long service leave purposes.
The two month break in service provision does not
include breaks due to school vacations.
3. Casual Teacher Leave conditions
The two month period does not include those breaks
in service caused by periods of temporary teaching
engagements with the DEC. For example, if you taught
as a casual for six months then received a temporary
block of three terms followed by casual teaching
with the DEC, the time period between the casual
employment periods should not be counted as a break
in service.
The two month break in service does not include any
period of unpaid maternity leave (since 9 October
2000). Casual teachers who have had periods of unpaid
maternity leave, whether formally applied for or not,
should inform the DEC for the purposes of any long
service leave calculation. It won’t add to the total days
of service but informing DEC of the maternity leave
could prevent losing LSL entitlement.
Casual supply teaching worked prior to May 1985 will
continue to be counted as service for long service
leave purposes regardless of any break in service.
How do I access my long service leave
entitlement?
Casual teachers can claim their long service leave
entitlement by several methods:
>They can take it as leave in an engagement of casual
service.
>They can access their long service leave from
their casual teaching service when in a temporary
teacher engagement.
>They can access their long service leave from their
casual teaching service as well as any accumulation
from temporary teaching, on appointment as a
permanent or permanent part time teacher.
>When the casual teacher ceases employment
with the DEC the teacher can be paid a lump sum
gratuity in certain circumstances. The lump-sum
termination payment would be under the following
provisions:
– less than five years of service – no payment.
– f ive to ten years of equivalent service – payment
based on the reason for ceasing employment (for
example retirement, ceasing employment for child
rearing or other family duties).
– ten or more years of equivalent service –
payment is made irrespective of reason for ceasing
employment.
‘Cessation of employment’ with the DEC does not
mean the casual teacher has to relinquish their casual/
temporary teaching approval with the DEC.
There is no retirement/resignation process with the DEC
for a casual teacher. A casual teacher can inform the
DEC they are ceasing employment for a period of time.
Other points to note:
When a casual teacher or a temporary teacher is
employed in a permanent or permanent part time
teaching position, the calculated service in equivalent
years of service will be added to their permanent
service both in terms of the necessary requirement
of seven years of service with the DEC before
accessing long service leave and in terms of total leave
entitlement. Please note permanent and temporary
teachers can access their entitlement to long service
leave after seven years. A casual teacher can only
access their entitlement to long service leave as paid
leave after ten years of service. This is because long
service leave for casual teachers is accrued under
the Long Service Leave Act, whereas temporary and
permanent teachers access their entitlement under
the Teaching Service Act 1980.
A casual teacher with ten years of service may
make an application for long service leave, as paid
leave, provided that the teacher is employed by DEC
immediately prior to the first day of long service leave.
The application must be made while the casual teacher
is employed in the block of work.
When a casual teacher is employed in a temporary
engagement, long service leave will be granted only
for periods of time that fall within the temporary
engagement. A teacher must have entered on duty
in a temporary engagement before applying for long
service leave.
On the death of a casual teacher who has an
entitlement to long service leave, DEC will, upon
written request, pay to the teacher’s estate the
monetary value of the entitlement.
22
NSW TEACHERS FEDERATION
Parental Leave and
Adoption Leave
While the following are not counted as
service, they do not break the continuity
of service for the maternity payment:
>any absence from duty for a period
or periods of leave without pay which
exceeds a total accumulated period of
five days.
Is there any entitlement to
parental or adoption leave for
casual teachers?
Unpaid parental or adoption leave of one
week may be granted at the actual date of
birth, or at the time of taking custody. This
leave is applicable when teachers have
employment at the time of taking leave.
Applications should be submitted as
soon as possible.
>an absence of a casual teacher from
full time service at the beginning of a
school year for a period of no longer
than 21 calendar days where service
is otherwise continuous.
What is the rate payable for a
maternity payment entitlement?
Maternity
Entitlements
Casual teachers are not entitled to
access maternity leave, but may be
eligible for a maternity lump-sum
payment if they meet all the following
requirements:
>The casual teacher must have
completed 40 weeks continuous
service prior to the anticipated date
of birth of the child.
>The casual teacher has employment
with the DEC prior to ceasing duty.
>If the casual teacher is not employed
for a period of up to four weeks prior
to the anticipated date of birth this
period will be deemed as continuous
service for the purpose of eligibility
for maternity payment.
‘Continuous service’ for casual teachers
for the maternity leave payment includes:
>all periods of paid leave, previous
adoption, parental and maternity
leave without pay, sick leave without
pay, public holidays and a total of five
days leave without pay.
>full time and part time permanent
and temporary service and full time
casual service under the Teaching
Service Act 1980.
Eligible casual teachers will receive
a maternity payment equivalent to
14 weeks’ pay. The rate will be set
at the salary rate paid in the final
week of service prior to ceasing duty
for maternity leave purposes, but
this payment cannot be greater than
a permanent teacher on the same
status would be entitled to receive. The
payment will be made as a lump sum.
When should I apply for
a maternity payment?
Applications for maternity payment
should be submitted at least four weeks
prior to ceasing duty, and include a
medical certificate stating the anticipated
date of birth.
Does unpaid maternity leave
impact on the accrual of LSL?
From 9 October 2000 a break in service
of up to 12 months for reason of unpaid
maternity, adoption or paternity leave
will not break the continuity of service
for the accrual of LSL. Teachers must
apply in writing to Employee Services
providing supporting documentation
e.g. birth certificate. If your application
is refused by Employee Services please
contact the Communications Section on
1300 654 367 for further advice.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
23
Australian Government’s
Paid Parental Leave
Am I able to resume the casual engagement
after taking personal carer’s leave?
The Paid Parental Leave Scheme is a new entitlement
for working parents of children born or adopted from
1 January 2011.
“The Department must re-engage a casual teacher
who has accessed the entitlements provided for in this
clause [that is, personal carer’s leave]. The rights of
the Department to engage or not to engage a casual
teacher are otherwise not affected.”
3. Casual Teacher Leave conditions
Eligible working parents can receive 18 weeks of
government funded Parental Leave Pay at the rate of
the National Minimum Wage. This pay is taxable.
Casual teachers may be eligible for the Paid Parental
Leave Scheme if you:
>are the primary carer of a newborn or recently
adopted child
>are an Australian resident
>have met the Paid Parental Leave work test before
the birth or adoption occurs
>have received an individual adjusted taxable income
of $150,000 or less in the financial year prior to the
date of birth, adoption or date of claim whichever is
earlier, and
>are on leave or not working from the time you
become the child’s primary carer until the end of
your Paid Parental Leave period.
More information can be found in Federation’s
Information Leaflet on Commonwealth Paid Parental
Leave Scheme at http://www.nswtf.org.au/members/
home.html or the Australian Government Family
Assist website at http://www.familyassist.gov.au/
publications/#ppl_parents.
Personal Carer’s Leave
I have a short casual teaching engagement
but need to take leave for the reason of
personal carer responsibilities. Is there any
entitlement to leave?
Casual teachers are entitled to “not be available” to
attend work, or to leave work if they need to care for a
person who is sick and requires care and support, or
requires care due to an unexpected emergency, or the
birth of a child.
There is no entitlement to any payment for the period
of non-attendance.
How much leave is available for this purpose?
A casual teacher is entitled to “not be available” for up
to 48 hours (two days) per occasion.
24
NSW TEACHERS FEDERATION
Clause 3.3 of DEC Determination No. 5 of 2006 states:
Casual members should contact Federation for
advice if there are issues or concerns relating to the
completion of the engagement following a period of
personal carer’s leave.
Bereavement Leave
Am I able to access bereavement leave?
Casual teachers are entitled to “not be available”
to attend work, or to leave work upon the death in
Australia of a person prescribed in Clause 5 of DEC
Determination No. 5 2006.
Other conditions relating to casual teachers taking
bereavement leave are as per the conditions which
apply to personal carer’s leave (see above).
Other Leave for Casual
Teachers
Am I entitled to special leave for jury service?
Casual teachers who are called up for jury service are
not entitled to claim special leave from the DEC but
should accept both the out-of-pocket expenses and the
jury fee for the days directly from the Sheriff’s Office.
Do I lose continuity of service if I take
industrial action?
No. Strike days do not break a casual teacher’s
continuity of employment for leave purposes.
Workers
Compensation
Leave
Casual teachers who have a work based
injury or have had their claim denied
should seek advice on entitlements and/
or on any appeal or legal assistance
that may be possible from Federation’s
Communications/Welfare section (phone
1300 654 367).
Am I entitled to access workers
compensation?
More information can be found in
Federation’s Information Leaflet TR 12
Workers compensation. See http://www.
nswtf.org.au/members/home.html
The provisions of the Workers
Compensation Act apply to casual
teachers.
How does it apply?
If a casual teacher works regularly, for
example, two days per week, and is
injured, compensation may be claimed
for the loss of income for these two days.
Compensation may also be claimed for
the other three days in this example if
the casual teacher is unable to work due
to the injury. The casual teacher must
prove the work was offered for these
other three days and could not be taken.
The casual teacher should keep a log
detailing the name of the school, the
name of the person offering the days
of work and the date and time the work
was offered.
What does it mean if I am working
across a number of schools?
Should a casual teacher be doing day
to day relief at a number of schools,
compensation may be determined by
averaging the number of days over
the previous 12 months’ service. This
averaging is WorkCover’s preferred
method of payment at the present time.
This can lead to anomalies and some
casual teachers may have difficulties.
Federation has also dealt with cases
where principals have failed to supply the
necessary forms to casual teachers so
that they can lodge workers compensation
claims or have prevented a casual teacher
from applying. This is a criminal offence.
Any attempt by Departmental officers
to prevent applications for workers
compensation should be reported
immediately to Federation.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
25
4. Temporary Teacher
leave conditions
Leave provisions –
Temporary Teachers
How is leave entitlement calculated
for a temporary engagement?
In most cases temporary teachers are entitled to a
pro rata amount of the leave entitlements that apply
to permanent teachers. The pro rata entitlement
is calculated based on the expected length of the
temporary engagement and the number of days per
week to be worked during that engagement.
In other cases, for example long service leave,
temporary teacher leave entitlements are based on
completed years of temporary service. In the case of
part time temporary service, leave entitlements are
calculated on a pro rata basis.
4. Temporary Teacher leave conditions
Generally, leave will only be granted for periods that
fall within a temporary engagement.
Accumulated sick leave for temporary teachers
accrues in the same way as for permanent teachers.
Accumulated sick leave is the unused portion from
a previous temporary teacher engagement or
engagements. For example, a teacher employed
fulltime for a school year would have a sick leave
entitlement of 15 days. If the teacher takes five days
sick leave during the engagement their accumulated
sick leave balance would be 10 days. This accumulated
sick leave can be accessed in a later temporary
engagement. Of course each subsequent temporary
engagement would itself result in its own entitlement
to sick leave.
Points to note:
If the absence from school due to illness is three days
or less no medical certificate is required. If the absence
from school is greater than three days a medical
certificate is required.
The following leave information is a summary of the
full range of leave available to temporary teachers
and the conditions that apply. More information and
advice can be obtained by contacting the Federation’s
Communication section on 1300 654 367.
Temporary teachers can access their leave
entitlements via the ESS (Employee Self Service)
link after logging into the DEC portal. Alternatively,
teachers can contact the relevant Employee Services
centre at either Newcastle on 1300 338 001 or
Wollongong on 1300 338 002.
Sick Leave
How many days do I have to work as a
temporary teacher to qualify for sick leave?
Temporary teachers are entitled to and can access sick
leave in the same way as permanent teachers. The
temporary teacher engagement determines the prorata sick leave entitlement. For example if a temporary
teacher was engaged full time for the whole school
year, the teacher would be entitled to 15 days sick
leave, fully accumulating i.e. unused sick leave can
be accumulated and used at a later time in another
engagement of temporary employment.
There is no minimum number of days to qualify for sick
leave. The length or type of engagement (if part time)
determines the amount of sick leave entitlement, up to
a maximum of 15 days on full pay sick leave for a fulltime whole of school-year engagement.
If a teacher was employed as a temporary teacher for
two terms (full time) the teacher would have a 7.5 day
sick leave entitlement.
In addition, a temporary teacher in their first
engagement as a temporary teacher may be entitled
to up to 15 days additional sick leave, over the first two
years of their first appointment. If you have difficulties
accessing this entitlement contact Communications on
1300 657 367.
There is no pre-service qualifying period. A temporary
teacher can access sick leave from the first day of an
engagement.
26
NSW TEACHERS FEDERATION
Does my sick leave accumulate?
Temporary teachers’ sick leave accumulates in the
same way as for permanent teachers. The maximum
annual accumulation is 15 days, but there is no limit
to an individual teacher’s accumulated sick leave. It is
not affected by “breaks in service” between temporary
engagements. The sick leave you accumulate as a
temporary teacher is carried over to any permanent
teacher appointment.
Can I access my sick leave when I am in
a casual teaching position with the DEC?
No. Sick leave can only be accessed, and is only paid,
while undertaking a temporary engagement.
More information on sick leave can be obtained from
the Federation’s Information leaflet L6 Sick Leave at
the Federations website at http://www.nswtf.org.au/
members/home.html,
Family and
Community (FACs)
Leave and Personal
Carers leave
Temporary teachers are entitled
to paid leave and can utilise family
and community service leave to
meet a range of family activities and
community service responsibilities.
This could include a need to respond
to an emergency situation or in the
event of planned absences for family
and community service responsibilities
where some advance notice is given.
Each temporary engagement attracts a
pro rata amount of the three day annual
FACS leave entitlement based on the
expected period of the engagement
and the days worked per week in the
engagement.
Alternatively, the entitlement is
calculated as one day’s FACS leave for
each completed 12 months of temporary
service, less the FACS leave taken as a
temporary teacher.
Where FACS leave has been exhausted,
additional paid FACS leave of up to two
days may be granted on a discrete “per
occasion” basis to a temporary teacher
on the death of a family member.
Personal Carer’s
Leave
When FACS leave has been exhausted, a
temporary teacher with responsibilities
to a family member who needs their care
and support shall be entitled to use the
existing balance of:
>annual sick leave; and/or
>accumulated sick leave from the past
three years. The three year period,
which does not include previous
casual service, is determined as
being the three calendar years
immediately preceding the first day
of personal carer’s leave.
>further leave may be granted in
exceptional circumstances.
What documentation is required
for personal carer’s leave
applications?
Applications for leave in excess of
three days must be supported by
either a medical certificate or statutory
declaration. The document provided
needs to state that the person is suffering
an illness which requires a carer and that
the teacher is the appropriate person to
provide that care. The exact illness does
not need to be revealed.
More information on FACS leave can
be obtained from the Federation’s
Information leaflet L1 Family and
Community leave and Personal Carers
leave at the Federation’s website at
http://www.nswtf.org.au/members/
home.html.
Vacation Leave
School vacations are technically paid
leave as you are not required to be at
school. One of the advantages of being
a temporary teacher is that you are paid
during school vacations in the same
way as permanent teachers. If you work
the whole school year you will be paid
for all school vacations. If you work
less than the full year you will receive a
pro-rata payment. Temporary teachers
will accrue a vacation leave entitlement
based on the number of days worked as
a temporary teacher.
At each vacation the entitlement accrued
at that point will be calculated and paid
during the vacation period. Any vacation
leave already granted during the school
year is deducted from the gross vacation
leave entitlement. A residual amount of
vacation leave will always be held over for
payment during the Christmas vacation.
Generally, vacation leave entitlements
will be paid as leave during the relevant
vacation periods via fortnightly pay.
Vacation leave paid in this way will count
as service.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
27
If a temporary teacher is not planning to continue
working for the DEC and would prefer to have the
monetary value of vacation leave paid as a lump sum
payment at the end of an engagement rather than
waiting until the appropriate vacation they must notify
the DEC prior to the end of the engagement.
Long Service Leave
Vacation leave that is paid as a lump-sum will not
count as service with the DEC for the purposes of long
service leave, cumulative sick, family and community
service leave or special sick leave.
It can also be taken as a lump sum payment in certain
circumstances. Temporary teachers are generally
entitled to the Long Service leave provisions of
Permanent teachers.
The Federation’s general advice is not to take the
payment as a lump sum but to have it paid in the
vacation period in order to take advantage of any
general salary increase payable and because it will
count as service for leave purposes.
4. Temporary Teacher leave conditions
Leave Without Pay
Generally, temporary teachers will not be granted
leave without pay during a temporary engagement
unless special circumstances exist. However LWOP
can be granted for short periods to cover special
circumstances. Applications for LWOP should be
discussed with the Principal .The Principal can approve
such leave.
Leave without pay, excluding five days in any
incremental year, does not count as service for salary
increments.
Total leave without pay exceeding the temporary teacher’s
normal working week in any school year will result in a
reduction of vacation leave on a pro rata basis.
For example a temporary teacher who is engaged four
days each week can only take four days Leave Without
Pay in a school year before it will reduce vacation leave
on a pro rata basis.
Leave Without Pay for short periods of leave to cover
the following circumstances are generally approved:
>Holy days
>Marriage leave
>Pre-natal classes
>Sporting, Cultural or Educational Association
Meetings
In all the above members should check with the
Federation whether they have an entitlement to
paid leave.
More information on Leave Without Pay can be
obtained from the Federation’s Information leaflet
L3 Leave Without Pay and Part-Leave without Pay at
the Federation’s website at http://www.nswtf.org.au/
members/home.html .
28
NSW TEACHERS FEDERATION
Temporary teachers’ service accrues towards long
service leave and can be taken as a period of paid leave
as a temporary teacher or combined when the teacher
becomes a permanent teacher with the DEC.
Does the break in service provision apply
to temporary engagements?
No. Temporary teachers are entitled to Long Service
Leave in the same manner as permanent teachers
who are covered under the Teaching Service Act 1980
(not the Long Service Leave Act which covers casual
teachers). All periods of service as a temporary
teacher (broken and continuous) are combined to
determine years of service, and therefore, the amount
of long service leave entitlement. In other words, if a
temporary teacher who works for, say, the equivalent
of three years as a temporary teacher, goes overseas
for twelve months, their long service leave entitlement
with the DEC is still intact and they can add to their
entitlement with further temporary or permanent
teaching with the DEC.
How do I access my long service leave
entitlement?
Temporary teachers can claim their long service leave
entitlement by several methods:
>A temporary teacher with seven completed years
of service may make an application for long service
leave provided that the teacher is employed by
the DEC immediately prior to the first day of long
service leave.
>When a temporary teacher ceases employment
with the DEC the teacher will be paid a lump sum
gratuity. Please note “Cessation of employment
“with the DET does not have to be a relinquishing of
the teacher’s casual/temporary teaching approval.
This termination payment would be under the
following provisions:
– less than five equivalent years of service — no
payment
– five to seven years of equivalent service —
termination payment based on reason for ceasing
employment(for example, retirement or resigning
for family duties)
– seven years or more service — payment is made
irrespective of reason for resigning.
>When a temporary teacher is
employed in a permanent teaching
position, including permanent part
time positions, the calculated service
from temporary teaching and casual
teaching (as approved) in equivalent
years of service will be added to their
permanent service both in terms of
the necessary requirement of seven
years of service with the DEC before
accessing long service leave and in
terms of total leave entitlement. The
total service from temporary (and
casual) and permanent employment
is aggregated to determine whether
the teacher is entitled to long service
leave (i.e. has 7 years of service) and
also the amount of long service leave
the teacher is entitled to take.
>When a teacher is employed in a
temporary engagement, long service
leave will be granted only for periods
of time that fall within the temporary
engagement. A teacher must have
entered on duty in a temporary
engagement before applying for long
service leave.
On the death of a temporary teacher who
has an entitlement to long service leave,
DEC will, upon written request, pay to
the teacher’s estate the monetary value
of the entitlement.
More information on Long Service leave
can be obtained from the Federation’s
Information leaflet L4 Long Service
Leave at the Federation’s website at
http://www.nswtf.org.au/members/
home.html.
Maternity Leave
All temporary teachers (full time and
part-time), who become pregnant are
entitled to unpaid maternity leave during
a temporary engagement, irrespective of
their length of service.
Temporary teachers, who meet certain
service requirements and who become
pregnant, are entitled to paid maternity
leave in the same way as permanent
teachers.
Payment for maternity leave is available
to temporary teachers subject to
completion of 40 weeks of service. The
40 weeks continuous service must be
completed within the two year period
immediately preceding the anticipated
date of birth. Note that maternity leave
for a temporary teacher taken not more
than nine weeks prior to the anticipated
date of birth will count towards the 40
weeks continuous service.
The 40 weeks continuous service
includes:
>all periods of paid leave
>previous adoption, parental and
maternity leave without pay
>sick leave without pay
>school vacations and public holidays
>up to five days leave without pay
>all periods of maternity leave taken
not more than nine weeks before the
anticipated date of birth
>full time and part time temporary
service and full time casual service
>previous service with TAFE or
another government department
which merges with employment as a
teacher
>paid school vacations
>unpaid school vacations that occur
during a temporary engagement
>unpaid school vacations that occur
between temporary engagements
which abut the beginning and end
of a vacation period
>the four week period prior to the
anticipated date of birth, regardless
of whether a temporary engagement
exists during this period or not.
Your continuous service will not be
broken by:
>an absence of up to 21 calendar days
at the beginning of the school year
for temporary or casual teachers
who were in service at the end of
the preceding school year and are
available for employment
>the period between early cessation
of a temporary engagement and the
end date of the original temporary
engagement.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
29
How much is the maternity leave payment?
Payment is made for 14 weeks Full time equivalent
(FTE) salary or 28 weeks at half pay. If the temporary
teacher engagement ceases before all the maternity
leave payment has been made the remaining will
be paid as a lump sum. Both full pay and half pay
maternity leave accrue full vacation pay.
When do I have to commence my maternity
leave?
There is no requirement to cease work a certain number
of weeks prior to the anticipated date of birth. However,
paid maternity leave can commence no earlier than nine
weeks prior to the anticipated date of birth.
When should I apply for maternity leave?
4. Temporary Teacher leave conditions
An application for maternity leave should be accompanied
by a medical certificate which states the anticipated date
of birth. This application should be submitted at least one
month prior to the first day of leave.
How much maternity leave is granted?
The earliest paid maternity leave can commence is
nine weeks prior to the anticipated date of birth plus
a further period (paid and unpaid) of up to 12 months
after the actual date of birth.
Can I commence maternity leave earlier than
nine weeks before the anticipated date of
birth?
A teacher may be granted unpaid maternity leave
earlier than nine weeks before the anticipated date
of birth, but this does not extend the total amount of
maternity leave available.
What is the latest date I can commence
maternity leave?
Can I take my long service leave payment
as a ‘top up’ to my unpaid maternity leave?
A temporary teacher’s accrued long service leave
can be taken concurrently with any unpaid or half
pay maternity leave. The temporary teacher must be
eligible to take long service leave under the normal
provisions that relate to this form of leave.
I have been employed for the whole school
year on a temporary engagement, but the
anticipated date of birth of my child falls
just outside the temporary teaching contract
period. Am I still entitled to paid maternity
leave?
Paid maternity leave is available to temporary teachers
only when the anticipated date of birth falls within a
period of temporary engagement.
However, the Federation has dealt with a number of
cases where a temporary teacher was engaged for
a school year and would normally have been offered
an engagement for the following year but announced
they were pregnant and due early in the next school
year. The DEC 2011 Memorandum to Principals on
the engagement of temporary and casual teachers
notes failure to offer a temporary engagement
due to pregnancy constitutes discrimination under
the Anti-Discrimination Act. Temporary teachers
whose anticipated date of birth of the child falls
outside of their current engagement who believe
they would have been considered for a subsequent
temporary engagement should contact the Federation
immediately for assistance and advice.
What happens if my temporary engagement
concludes while I am on maternity leave?
Maternity leave must commence no later than the
anticipated date of birth.
The remaining portion of the paid maternity leave
payment will be paid as a gratuity. The maternity leave
gratuity will be reduced by the amount of any vacation
leave due over the maternity leave period.
Does maternity leave count for long service
leave credit?
Does the school vacation extend the available
period of paid maternity leave?
The paid component of maternity leave counts as service
for a temporary teacher’s long service leave entitlement
regardless of the teacher’s years of service.
No. When the paid maternity leave period includes a
school vacation, the teacher is paid accrued vacation
entitlement or maternity leave, whichever amount is
higher.
The unpaid component of maternity leave does not
count as service for long service leave, except where the
teacher has completed at least 10 years of equivalent
paid service. Where a teacher has completed at least 10
years of equivalent paid service, then a period of up to
six months unpaid maternity leave will count towards
the accrual of long service leave.
30
NSW TEACHERS FEDERATION
Do I have right of return to a position?
Your right of return to a position is retained for the
duration of any maternity leave granted during a period
of a temporary engagement. However, there is no right
of return to a temporary position with the DEC if the
temporary engagement concluded during the period of
maternity leave.
Am I entitled to part time
maternity leave?
All temporary teachers who give birth
to a child may take maternity leave on a
part time basis.
Does maternity leave count for
incremental progression?
All periods of full time and part time
maternity leave, whether paid or
unpaid, count as service for incremental
progression purposes.
How does maternity leave count
for other service provisions?
Paid maternity leave counts for annual
leave loading purposes and vacation
leave pay and this entitlement will be
paid during the relevant vacation.
With the exception of long service leave,
annual leave loading and vacation leave,
paid and unpaid maternity leave counts
as service for all other leave categories.
Maternity leave does not count as
service for the award of a Teacher’s
Certificate.
If a temporary teacher has completed
the 40 weeks continuous service she/he
is entitled to 14 weeks on full pay from
the date of taking custody of the child.
This can be taken at half pay, full pay or
as a lump sum.
A temporary teacher is entitled to take
adoption leave on a full time basis
totalling 12 months and has right of
return to the temporary position if the
temporary engagement is ongoing.
More information on Adoption Leave
can be obtained from the Federation’s
Information Leaflet L5 Maternity,
Adoption and Parental leave at the
Federation’s website at http://www.
nswtf.org.au/members/home.html.
Parental Leave
(Provided by the DEC)
Temporary teachers can access paid or
unpaid parental leave.
When a temporary teacher has completed
40 weeks of continuous service she/he is
entitled to one week paid parental leave
or two weeks on half pay.
More information on maternity leave
can be obtained from the Federation’s
Information Leaflet L5 Maternity,
Adoption and Parental leave at the
Federation’s website at http://www.
nswtf.org.au/members/home.html.
The 40 weeks continuous service
requirement is defined as for maternity
leave.
Adoption leave
Adoption leave is available to temporary
teachers who are adopting a child.
A temporary teacher with less than 40
weeks continuous service will receive
unpaid adoption leave.
A temporary teacher who is adopting a
child and who has completed 40 weeks
of continuous full time service prior to
the date of taking custody of the child
will receive paid adoption leave. The 40
weeks continuous service requirement is
defined as for maternity leave.
Unpaid parental leave is available to
temporary teachers for whom maternity or
adoption leave does not apply, for the birth
or other event, such as miscarriage of the
spouse’s pregnancy, or in the case of an
adoption from the date of taking custody.
There is no service requirement for this
provision other than that the temporary
teacher has to be in an engagement.
A temporary teacher is entitled to take
parental leave on a full time basis
totalling 12 months and has right of
return to the temporary position if the
temporary engagement is ongoing.
More information on Parental Leave
can be obtained from the Federation’s
Information Leaflet L5 Maternity,
Adoption and Parental Leave at the
Federation’s website at http://www.
nswtf.org.au/members/home.html.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
31
Australian Government’s
Paid Parental Leave
The Paid Parental Leave scheme is a new entitlement
for working parents of children born or adopted from 1
January 2011.
4. Temporary Teacher leave conditions
Eligible working parents can receive 18 weeks of
government funded Parental Leave Pay at the rate of
the National Minimum Wage. This pay is taxable.
What does it mean if I am working across
a number of schools?
Should a temporary teacher be working or had worked
in a number of DEC schools, compensation may be
determined by averaging the number of days over
the previous 12 months’ service. This averaging is
WorkCover’s preferred method of payment at the present
time. This can lead to anomalies and some temporary
teachers may have difficulties. Members should contact
Federation for assistance if problems arise.
Temporary teachers may be eligible for paid parental
leave scheme if:
>are the primary carer of a newborn or recently
adopted child
>are an Australian resident
>have met the Paid Parental Leave work test before
the birth or adoption occurs
>have received an individual adjusted taxable income
of $150,000 or less in the financial year prior to the
date of birth, adoption or date of claim whichever is
earlier, and
>are on leave or not working from the time you
become the child’s primary carer until the end of
your Paid Parental Leave period.
Federation has dealt with cases where principals have
failed to supply the necessary forms to temporary teachers
so that they can lodge workers compensation claims or
have prevented a teacher from applying. This is a criminal
offence. Any attempt by Departmental officers to prevent
applications being made for workers compensation should
be reported immediately to Federation.
More information can be found in Federation’s
Information Leaflet on Commonwealth Paid Parental
Leave Scheme at http://www.nswtf.org.au/members/
home.html or the Australian Government Family
Assist website at http://www.familyassist.gov.au/
publications/#ppl_parents.
Other Leave for Temporary
Teachers
Workers Compensation Leave
Temporary teachers, during their engagement, are
eligible for the range of leave available to permanent
teachers:
>Leave to attend sporting fixtures is available to
attend amateur sporting activities at the highest
level; for interstate or international honours; or
Commonwealth or Olympic Games. It is mainly
unpaid leave and there are qualifications.
>Military leave may be granted to temporary teachers
who are volunteer part time members of the
defence force. Leave does not apply for after school
hours and shall be subject to DEC convenience.
>Special leave: temporary teachers are paid when
they are called to jury service while in a temporary
engagement. Other examples of special leave
include electoral returning officer, graduation
ceremonies, local government activities and
examination leave.
>Each type of leave has its own set of rules
and further advice should be sought from the
Communications section of the Federation.
Am I entitled to access workers
compensation?
The provisions of the Workers Compensation Act apply
to temporary teachers.
How does it apply?
If a temporary teacher is in an engagement,
for example, two days per week, and is injured,
compensation may be claimed for the loss of income
for these two days.
Compensation may also be claimed for the other three
days in this example if the temporary teacher is unable
to work due to the injury as a casual teacher. The
temporary teacher must prove the work was offered
and could not be taken. The teacher should keep a
log detailing the name of the school, the name of the
person offering the days of work and the date and time
the work was offered.
32
NSW TEACHERS FEDERATION
Temporary teachers who have a work based injury
or have had their claim denied should seek advice
on entitlements and/or on any appeal or legal
assistance that may be possible from Federation’s
Communications/Welfare section on 1300 654 367.
More information can be found in Federation’s Welfare
and Information Leaflet TR 12 Workers Compensation.
Can temporary teachers access any other
forms of leave?
First Appointment
Expenses for
Temporary Teachers
If a temporary teacher is on their first
appointment, or has been re-employed,
and is appointed to a school in specific
areas of the state (normally these are the
geographic areas of North West, Riverina
and Western) and has to move their
residence as a result, they are entitled to
the following relocation subsidy:
>Moving up to 150 kilometres — no
assistance.
>151–200 kilometres — assistance
with the cost of travel, 12 cents per
kilometre.
>201 or more kilometres — 12 cents
per kilometre towards the cost of
travel, plus $1 per kilometre towards
the cost of removing personal/
household effects. A teacher’s car
must be comprehensively insured
with the policy endorsed to indemnify
the Crown. If the teacher fails to
serve for a complete school year the
DEC will ask the teacher to refund
any money paid by them. A claim
for relocation subsidy should be
submitted to the school.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
33
5. N
ew Scheme Teachers –
Accreditation and Maintenance
5. New Scheme Teachers –Accreditation and Maintenance
Accreditation and
Maintenance
What is a new scheme teacher?
A new scheme teacher is a teacher who was never
employed to teach in NSW before October 1, 2004 or a
person returning to teaching in NSW after an absence
of five years or more. New scheme teachers require
accreditation with the NSW Institute of Teachers.
The minimum period for leave of absence is six months
or two terms. The maximum period is five years.
Accredited teachers granted leave of absence may not
teach in NSW for the duration of leave of absence.
Teachers who advise the NSW Institute of Teachers that
they will be on leave of absence prior to 31 March will
not pay any fee for that year. Teachers who advise that
they will be on leave of absence after 31 March must
pay the annual fee for that year.
What if I had been a casual or temporary
teacher prior to October 2004?
No accreditation fees are payable until the teacher
returns from leave. At this time, the annual fee for that
year will be payable.
Providing that you have not had more than five years’
absence from casual or temporary teaching, accreditation
with the Institute of Teachers is not required.
The policy and application form to apply for leave of
absence is available from the NSW Institute of Teachers
website at http://www.nswteachers.nsw.edu.au/.
Casual and temporary teachers returning to the DEC
following a break in service of five years or more are
new scheme teachers and are required to undergo the
accreditation process.
What does accreditation involve? How is
a New Scheme Teacher assessed?
Payment of the Institute Fee
As a new scheme teacher you are required by law to
pay an annual fee. Non-payment of the fee will result in
the loss of a teacher’s approval to teach with the DEC.
If you are having trouble paying the fee it is possible to
work out a payment plan with the Institute.
The Federation believes the fee should be paid by the
employer and continues to campaign to achieve this.
How long do I have to become accredited?
The Institute of Teachers has determined that casual
and temporary teachers seeking accreditation at the
Professional Competence level will have a maximum
period of five years in which to become accredited. If
because of the pattern of your work, or for some other
reason, you are unable to meet this requirement, you
can apply for an extension of time. The Institute lists
the following as examples of circumstances that might
warrant such an extension:
>child rearing or home care responsibilities
>sickness or misadventure
>other appropriate professional circumstances.
Taking leave of absence from accreditation
Accredited teachers who have taught in a NSW school
may request that their accreditation be put on hold by
filling out a leave of absence from accreditation form.
Reasons for applying include travelling overseas,
teaching interstate or overseas, working in a full time
capacity in another industry or sector.
34
NSW TEACHERS FEDERATION
A casual or temporary new scheme teacher will be
considered for accreditation when:
1. They have met the teaching requirements
–To be considered for accreditation at Professional
Competence, casual and temporary teachers
will need to meet the Institute of Teachers
requirement. The Institute of Teachers policy
states, “As a guide, casual, temporary and
part-time teachers should complete at least
180 Full-time Equivalent days of teaching,” in
NSW schools. This should include a period of
continuous teaching (either full time or part time)
within a single school. This period can occur
within the 180 days and could comprise one to
four days over two to five terms.
–T
eaching experience can be verified by
maintaining a record of casual and temporary
employment in any NSW school. This can be
recorded through pay advice slips.
2. They have collected appropriate evidence
–Federation is concerned at reports of
unreasonable workloads being imposed upon
beginning teachers as part of the accreditation
procedures set by the Institute of Teachers and
the DEC. Many of these demands seem to be
based on a misunderstanding of the requirements
of both the Institute of Teachers and the DEC.
Federation sought clear advice from the Institute
and was provided with the following:
–The report is not a portfolio.
–A teacher’s documentary evidence is designed to
support the Accreditation Report.
–Only include evidence that has
been developed in the course
of your teaching practice — the
Institute does not require special
material.
–Only include evidence that has been
developed substantially by you.
–Include evidence that aligns to
elements, not individual standards.
–One piece of evidence may be
sufficient to meet a number of
elements.
–In some elements, such as
element 4, you may not have any
documentary evidence. That’s OK.
–Use the Information for New
Scheme Teachers booklet produced
by the Institute of Teachers. Page
11 of this document includes
a table entitled “Suggested
Evidence for Inclusion with your
Accreditation Report”. It describes
about 14 types of documentary
evidence that can be included
in the new scheme teacher’s
Accreditation Report.
3.Your evidence should fit into an A4
envelope.
–This advice is consistent with
advice provided by the DEC. For
example, the DEC document
Accreditation of New Scheme
Teachers at Professional
Competence (2010) states that
the focus of your supporting
evidence “is on quality not quantity
— the submitted evidence could
reasonably be expected to fit
into an A4 envelope”. The same
document also states “it is not
necessary to submit or include
supporting evidence for every
Professional Teaching Standard at
Professional Competence”.
–The Accreditation Report has been
completed
At the end of the casual or temporary
teaching block the principal will write
the “Principal’s Report on New Scheme
Teacher (T1)”, reporting against the
seven elements of the professional
teaching standards at professional
competence level.
This report along with the new scheme
teacher’s collection of evidence is sent
to the School Education Director for
consideration.
How does the principal know
I am seeking accreditation with
the Institute of Teachers?
Casual or temporary teachers should
inform the principal at the start of the
teaching block that they would like this
block to be considered for accreditation.
Teaching documents created and
collected by casual and temporary
teachers during different teaching
engagements can later be used as
supporting evidence when the teacher
is seeking accreditation at professional
competence level. Casual and temporary
new scheme teachers should sign the
evidence and have it signed and dated by
their supervisor and the principal of the
school. Each page of the document must
have these signatures on the front (at
the bottom) and the school stamp on the
back. Casual and temporary teachers
may include documents signed by a
number of supervisors and principals as
part of their evidence.
Casual or temporary teachers should
list the schools and areas in which the
teaching requirement has been met and
provide pay advice slips verifying the
dates of employment as a casual and/or
temporary teacher.
What happens if I move schools?
It is the responsibility of the new scheme
teacher to maintain the evidence relating
to their accreditation. It is important to
keep all the relevant documentation if
you work across a number of schools.
Evidence from a number of schools
is acceptable. However, one school
will be required to provide the final
accreditation report.
Who will provide me with support
during the accreditation process?
The principal should appoint a
‘supervising’ teacher to provide support
for casual and temporary teachers
undertaking the accreditation process.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
35
5. New Scheme Teachers –Accreditation and Maintenance
What happens after the principal has
completed the accreditation report?
How much professional development
am I required to undertake?
The Accreditation Report, along with the new scheme
teacher’s collection of evidence, will be forwarded by
the principal to the relevant School Education Director
for consideration in making the decision regarding
accreditation.
How much professional development you are expected
to undertake depends on your accreditation date. The
table below illustrates the number of professional
development hours you need to undertake.
What happens once I have been accredited
at professional competence?
Once you have been accredited at professional
competence, you are required to maintain your
professional competence by demonstrating ongoing
competent teaching practice and undertaking
structured professional development.
Teacher’s Professional Competence
Accreditation Date
Hours of Teacher
Identified PD
Hours of Institute
Registered PD
1 Jan 2005 – 31 Dec 2005
90
10
1 Jan 2006 – 31 Dec 2006
80
20
1 Jan 2007 – 31 Dec 2007
70
30
1 Jan 2008 – 30 Apr 2008
60
40
1 May 2008 Onwards
50
50
What happens once my maintenance of
accreditation at professional competence
period finishes?
Towards the end of the required timeframe you need
to complete the first three pages of the Maintenance
of Accreditation Report at Professional Competence by
addressing the seven elements of the Professional
Teaching Standards. You also complete section 1a of
the final page.
The principal verifies the Teacher Maintenance of
Accreditation at Professional Competence Report
(T2) on page one and in section 1b on page five and
submits the completed report to the School Education
Director who is the Department’s Teacher Accreditation
Authority for the maintenance of accreditation at
Professional Competence.
What is Teacher Identified professional
development?
Teacher Identified professional development is
professional development that has not been registered
with the NSW Institute of Teachers. This type of
professional development will not be found on the
Institute’s website. It may include conferences,
workshops, courses, forums, research, in-house
training, observing other colleague’s classes, delivery
of professional development, or reading an article in a
professional teaching article.
What is registered professional development?
Registered professional development refers to courses
and programs that are only provided by Institute
endorsed professional development providers.
The Teachers Federation is an endorsed provider of
Institute registered professional development and
courses can be found on the Federation website.
36
NSW TEACHERS FEDERATION
How do I log my professional
development hours?
Your professional development hours
are logged on the Institute’s website. You
must first access your account with the
Institute on their website. Instructions
on how to set up an account for the first
time can be found on page 15 of the
Institute’s Maintenance of Accreditation at
Professional Competence booklet. Once
you have your account set up, you are
able to record both Institute Registered
and Teacher Identified professional
development on the website.
For Institute Registered professional
development, you are required
to evaluate the courses and your
attendance at the course will be
indicated by the course provider.
For Teacher Identified professional
development, you need to identify and
record the activity you have undertaken
and write an explanation as to how
that activity addresses the Standard or
Standards you have indicated. Your entry
must be verified by your principal or the
TAA’s delegate.
Who validates my Teacher
Identified hours of professional
development?
This is the responsibility of the Teacher
Accreditation Authority or their delegate.
In the case of Department schools, the
task will usually be delegated to your
school principal. A school principal may
delegate this to your supervisor but
ultimately the responsibility lies with the
Teacher Accreditation Authority.
I am a casual teacher and have
to fund my own professional
development and often miss a
day’s work to attend a course.
The NSW Teachers Federation is an
endorsed provider of professional
development and most of the
Federation’s courses will provide you
with some registered professional
development. The Federation recognises
that some casual teachers may have
to refuse a day’s work to attend trade
union training. If you have turned down
a day’s work to attend Federation trade
union training, you may be eligible to
receive payment from the Federation to
compensate for the loss of a day’s work.
The DEC has created the Classroom
Teacher Program which can be
completed online and provides
participants with registered hours
of professional development. This
program can be accessed through the
Department’s Professional Learning &
Leadership Directorate.
I need to take some leave from
teaching. How will this affect
my period of maintenance of
accreditation at Professional
Competence?
If you are taking leave from your teaching
job in NSW, it is important that you apply
for a Leave of Absence from the Institute
of Teachers. A Leave of Absence may be
granted for periods away from teaching of
six months to five years.
Am I entitled to a Teachers
Certificate?
It is possible for casual and temporary
teachers to be awarded their Teachers
Certificate. This is something Federation
campaigned for over many years.
Federation argued that when casual and
temporary teachers meet the service
requirement and have references
from principals, this should meet the
formal requirements for the award for
the Teachers Certificate. While this
certificate does not increase your salary
or status, it is nevertheless an important
recognition of your competence and
service within the public system.
CASUAL AND TEMPORARY TEACHERS HANDBOOK
37
5. New Scheme Teachers –Accreditation and Maintenance
What is required to be eligible for a Teachers
Certificate?
The requirements for the award of DEC’s Teachers
Certificate are:
Educational Attainment
Most casual and temporary teachers will have met this
requirement at the point of seeking employment with
the DEC in gaining an approval to teach. The exception
will be those teachers who hold a transitional or
conditional approval.
Quality of Teaching
A report on your teaching will need to be written
by a school principal, just as a report is written for
a probationary teacher. Principals have been given
guidelines in compiling such a report: teaching ability,
classroom management, lesson preparation and
involvement in staff development.
Service Requirements
A casual or temporary teacher must have taught 180
days within an 18 month period. This period must
include at least one term of continuous teaching at
one school or the equivalent part time service. Service
counting towards the 180 days cannot commence
earlier than January 1, 1989.
Casual and temporary teachers who are interested in
obtaining their Teacher’s Certificate should contact
school principals with whom they worked to get the
necessary reports. These reports should be forwarded
to the District Office.
38
NSW TEACHERS FEDERATION
6. Useful Links
Information for Temporary Teachers:
http://www.nswtf.org.au/pages/casual-temporary-teachers-handbook.html
2009 Salaries and Conditions Award:
http://www.nswtf.org.au/members
Note: to access the members area they must enter their login details (so this link
won’t work) and follow the links:
Conditions
Clause 22 - Temporary Teachers
Clause 23 - Casual Teachers
Salary Rates
Schedule 1 - Temporary Teachers
Schedule 5 - Casual Teachers
DEC Teachers Handbook:
Chapter 9, “Casual Teachers”
https://www.det.nsw.edu.au/media/documents/about-us/careers-centre/
resources/teachers-handbook/handbook_ch9_itm.pdf
Chapter 8, “Temporary Teachers”
https://www.det.nsw.edu.au/media/documents/about-us/careers-centre/
resources/teachers-handbook/handbook_ch8.pdf
DEC Induction of Casual Teachers Resource
https://www.det.nsw.edu.au/about-us/careers-centre/school-careers/teaching/
your-teaching-career/approved-teachers/casual-teacher-induction
DEC early career teachers
https://www.det.nsw.edu.au/proflearn/areas/nt/index.htm
NSW Institute of Teachers
http://www.nswteachers.nsw.edu.au/
CASUAL AND TEMPORARY TEACHERS HANDBOOK
39
NSW TEACHERS
FEDERATION
23-33 Mary Street,
Surry Hills NSW 2010.