australian education union issues paper: Recruitment and Selection of Teaching Staff march 2011 1. Preamble The way in which teachers are recruited and appointed to schools has an enormous impact on the quality and delivery of public education in South Australia. It is a key factor in promoting equality of outcomes for all students irrespective of the schools they attend. It must support equitable and fair treatment of teaching staff across the whole public education system and take account of their career choices and opportunities. It must serve the needs of diverse school communities and their students, as well as protecting the rights and interests of all educators working in schools. How we can best achieve these objectives has been the subject of discussion over many years. Those discussions continue to inform our policy decisions. Currently, the AEU and DECS are reviewing the recruitment and selection of teaching staff as recommended by the Industrial Relations Commission of South Australia (IRCSA). In its Decision 2, the IRCSA noted that “continued inappropriate engagement of contract teachers is an unfair outcome for those employees particularly when contrasted with the breadth and size of DECS, its funding stability, and the Chief Executive’s power to appoint officers of the teaching service and the resulting access to redeployment”. The AEU and DECS agree on the need to reduce the number of contract teachers and teachers in PAT positions. There will be other areas of disagreement, including different perspectives on some matters between AEU members themselves. The IRCSA requires any changes to the current scheme to be agreed between the parties (the AEU and DECS). The AEU has identified some major issues that arise within the scope of this review and requests members to consider the questions that are identified below. On February 28, AEU Branch Executive resolved that “following the release of the Issues Paper, consultation with members commences and includes strategies such as: • • • • discussion with Consultative Committees discussions at area meetings discussions during school visits by AEU organisers ongoing discussion by Branch Executive • forums in a range of locations to encourage broad member input • a survey of members encompassing key issues and suggestions based on member feedback • formal presentations of member feedback and other relevant data to Branch Council with recommendations based on these.” Members may choose to respond to whatever issues they regard as important. Feedback is invited as soon as possible, but in any case, by the end of Term 1. Email: [email protected] Fax: 8373 1254 Any decision to determine an AEU position will be made by Branch Council. 2 3. Permanency and Contract 2. Ten Year Tenure or Unlimited Tenure If 10 year tenure is removed: • How do we attract and retain teachers in all schools across the public education system? • How can the placement rights of cur- rent PATs, and transfer opportunities of country teachers and those in hard to staff schools be maintained? • How do we ensure that teachers get the opportunity to work across a variety of schools in their career? The IRCSA in its Decision 2 recommended that the AEU and DECS review current employment processes so that the use of contract teachers is confined to legitimate operational needs and to provide an avenue for conversion of a greater number of contract teachers in recognition that many are really long-term employees who are seeking permanency. The IRCSA proposed that the review could determine the criteria and process for converting contract teachers to permanency. • Should the AEU adopt this recommendation? • If yes, how many years of service should an employee serve before being converted to permanent employment? • What other criteria could be used to determine whether a temporary employee is converted to permanency? • What measures should be put in place to ensure fairness and equity? • Will the projected level of resignation and retirement be sufficient to ensure movement in the system? The IRCSA in its Decision 2 recommended that as part of the review the AEU and DECS consider increasing the loadings for contract teachers after a certain number of successive yearly contracts. • What are the educational benefits in • Should the AEU adopt this recommendation? teachers working in the same school for extended periods of time, and possibly their whole careers? The IRCSA in its Decision 2 recommended that as part of the review the AEU and DECS examine whether the maximum duration of a temporary contract be increased from one year. If 10 year tenure remains: • In which schools, if any, should it be • Should the AEU adopt this recommendation? • If yes, what length of time would be reasonable? Two years? Longer? retained? • In which circumstances would this be acceptable? behind teachers who are ending their ten year tenure are advertised as permanent positions, not temporary contracts? Currently the Principal, in partnership with the PAC, must determine, based on an agreed definition, whether a position is ongoing or temporary. • How do we ensure that vacancies • How do we ensure that teachers • Should this process continue? • Could it be improved? • Do schools adhere to the policy? • Is there another way to ensure a Should the Recruitment and Selection Policy include clear and enforceable definitions of ongoing (permanent), fixed task (contract) and casual positions? • How can the stress of moving schools Should temporary contract teachers on appointment be provided with the reason for the position being temporary (e.g. the teacher is replacing a person on maternity leave)? at the end of their ten year tenure are placed and that PATs are found ongoing positions? transfer and placement of teachers whose ten year tenure has ended? be managed better to protect staff wellbeing? • Does the fact that approximately 25% of teachers “win back” their positions need to be addressed? Currently permanent and contract positions must be a minimum of 0.4 FTE. • What is the minimum fraction of time that a teacher should be employed? • Should the 0.4 barrier be reduced to enable these people to be employed in an ongoing (permanent) manner? Should permanent teachers have priority placement or should all positions be filled by open selection? 3 How can the industrial rights of permanent teachers to a placement in an “A” vacancy (ongoing) be protected? 4. Equity for hard-to-staff country locations 5. Equity for hard-to-staff metropolitan schools The teacher transfer process is an important industrial right for country teachers. The ability to transfer to the metropolitan area is seen as critical in the attraction and retention of staff in regional and remote areas. Should teachers who work in hard-to-staff metropolitan schools be given a priority transfer? Data shows that 18.5% of teachers remain in country locations for 10 or more years, 12.6% remain for between 5 to 10 years and 68.8% are in a country school for less than 5 years. • How can an employee’s current industrial entitlements to placement in the metropolitan area be protected? • After how many years’ service should a teacher be able to access a priority or hard-to-staff metropolitan transfer? • Should there be progressive transfer rights with entitlement increasing with the amount of time spent and level of complexity in a hard-to-staff metropolitan location? • Should a new transfer process incorporate a points system to differentially recognise service in different schools? • Should country teachers be given a guaranteed transfer to the metropolitan area or should they have a priority transfer which is limited by the number and type of vacancies? • After how many years’ service should a country teacher be able to access a priority or country transfer? • Should there be progressive transfer rights with entitlement increasing with factors such as complexity, remoteness or the amount of time spent in country locations? • Should a new transfer process incorporate a points system to differentially recognise service in different areas? • Should transfers between country to country areas be made easier? If the ability to transfer to the metropolitan area was reduced or even removed, what additional incentives would be required to attract and retain teachers and leaders in country locations? Should country teachers be able to access temporary transfers to the metropolitan area for compassionate and/or medical grounds? • If yes, what type of criteria should be used to determine such transfers? • Should there be a qualifying period before this is accessed? 4 6. Local selection and central placement • Should there be a centralised recruitment process? Whose responsibility – and workload – should recruitment be? • Should we have a centralised transfer and placement process, a totally devolved local process or a mix of central and devolved? • If central placement is further limited, what additional protections should be put around the workload of principals, PAC members and panellists? • How will the employer be held accountable for ensuring that a school has a full complement of staff at the beginning of the year or term? • Should applicants be provided with 7. Teachers’ industrial rights feedback on their applications? • Should there be a grievance process for applicants dissatisfied with the placement selection process? • How can the transfer process be made more transparent so that applicants are aware of the processes used to place teachers? • Should the name of the successful applicant be known to other candidates to assist them in determining if they would lodge an appeal? • Should there be greater monitoring of the process by the AEU and DECS to ensure that processes are fair and equitable? • What actions should be taken when processes are breached and/or vacancies are withheld from the process? • How can the integrity of a fully local selection based process be ensured? How do we guard against nepotism and patronage? • Should teachers with matching subject areas or teaching levels be able to initiate their own transfers across districts or country regions? • If a more devolved system increases costs to teachers seeking placement or transfer, who should bear these costs? 5 In addition to questions that arise out of the previous sections: • Should the 45 km rule that limits the distance that teachers can be transferred be maintained or altered? Is a system that limits travel time to work feasible? • How can the rights of all members (e.g. part-time, carers, and injured workers) be maintained or enhanced under a transfer process? • Under what circumstances should a teacher retain right of return to the same school? Should there be a time limit associated with right of return? • Should there be further limitations on right of return provisions so that more permanent vacancies are created? • If the transfer process is further devolved, can the employer ensure that it has a diverse work force that is representative of the community? For example, could DECS meet its Aboriginal employment targets? • Should there be increased opportunities for permanent parttime work? • Should there be a required placement/displacement process to enable teachers to be placed in another school if numbers of students decrease or curriculum requirements change? • If there is no required placement/displacement process should there be a negotiated redundancy agreement? • If there is no required placement/displacement process should schools be financially compensated by DECS to maintain employment of “excess” staff? Authorised by Jack Major, Branch Secretary, AEU | SA Branch, 163 Greenhill Road Parkside SA 5063
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