STCA 2013 Appendix G: Staffing Mergers

1.9 Notice and Disestablishment of positions

1.9.1 The employer shall give notice of all positions that are to be disestablished at least two months prior to the date of disestablishment.

1.9.2 Subject to 1.9.3 below, the positions of permanently appointed teachers who are not reconfirmed or reassigned to positions in the merged school through the operation of sections 1.6-1.7 of this Appendix shall be disestablished on the last day of the school year in which the merger is Gazetted.

1.9.3 If, as a consequence of exceptional administrative delays, the notice of disestablishment has been issued after 27th November in the year of the Gazetting of the merger, then the date of disestablishment shall be two months from the date that the notice was issued.

1.9.4 Teachers whose positions are to be disestablished, and who have not already identified voluntary options, must be offered the options identified in clause 1.4.1 of this Appendix at least two months before their positions are disestablished.

1.9.5 If, during the two-month notice period, a suitable permanent position arises at the merged school the employee may seek reassignment or reconfirmation to that position and if suitably qualified and experienced he/she shall be reassigned or reconfirmed in that position.

1.9.6 The provisions of 3.9.4 of this Agreement shall apply from the date of disestablishment.

1.9.7 If no option has been selected by the effective date of disestablishment, the teacher will be deemed to have supernumerary status in the merged school.

1.9.8 Upon termination of the supernumerary period, teachers who complete their supernumerary employment of 40 school weeks at the merged school and have yet to secure a permanent position in another state or state-integrated school, will retain an entitlement to removal expenses as per clause 8.2 and Appendix C of this Agreement for a period of 12 months from the cessation of their supernumerary employment. This entitlement will cease on permanent appointment to another teaching position in a state school.

1.9.9 A permanent part-time teacher who is offered a position with reduced hours at the reorganised school may either elect:
(a) that the position has been disestablished and the provisions of clause 1.4 shall apply; or

(b) to accept the position with reduced hours, in which case from the date of disestablishment the employee shall be timetabled for the reduced number of hours but for a period of forty school weeks shall continue to be paid for the number of hours which applied to the original position.

1.9.10 A permanent part-time teacher who elects the option in 1.9.9(b) shall receive an allowance calculated as the difference between their fortnightly salary in the new position accepted by the teacher and their fortnightly salary based on the number of hours which applied to the original
permanent position. Where the teacher's hours are increased during any one fortnight, the value of the allowance in that fortnight shall be abated accordingly. The value of the allowance shall not increase where the teacher works reduced hours in the new position in any one fortnight. The teacher shall receive the allowance over the number of weeks of entitlement set out in 1.9.9(b).

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