Staffing Agreement 2024-2029

The Staffing Agreement describes how the department fills teacher, executive, and principal vacancies in schools.

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Jointly negotiated between the NSW Department of Education and the NSW Teachers Federation, the Staffing Agreement 2024-2029 demonstrates our mutual commitment to a state-wide staffing system that supports all schools to be staffed with appropriately qualified teachers.

The new staffing agreement detailed on this page will come into effect for all teacher vacancies declared from Day 1, Term 2 of 2024. Until then, continue using the the current Staffing Agreement 2021-2024.

Introduction

Effective 29 April 2024 – 28 January 2029

This Agreement is made between the Secretary of the NSW Department of Education ('the Department') and the NSW Teachers Federation pursuant to Section 14 of the Teaching Service Act, 1980.

This Agreement is to cover the filling of permanent full time and part time classroom teacher (teacher), executive teacher (deputy principal, head teacher and assistant principal) and principal positions in NSW Public Schools and NSW Public Preschools and related matters from Term 2, 2024 until the commencement of the 2029 school year.

This Agreement operates in conjunction with the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022 or its successor

1. Action required when a Permanent Position becomes substantively vacant

Principals are notified in writing by Teacher Recruitment (or the relevant/equivalent business unit) when a position is substantively vacant.

On receipt of this advice, principals must provide advice to Teacher Recruitment within four (4) school weeks of the action required for the vacancy. There are three possible actions:

  • If the role is to be filled on a permanent basis, the principal will submit the vacancy in OMSEE and advise the requirements of the role using approved to teach staffing codes; or
  • If the role is to be placed on hold under the provisions of Clause 7.1 of the Staffing Agreement, the principal will complete the Request to Hold form in OMSEE to progress for DEL consideration and endorsement, and for approval by senior officers of School Workforce and Public Schools division.
  • If the role is to be made inactive, the principal will provide this advice to Teacher Recruitment via email for review and appropriate action.

In the event a principal does not take any action within four (4) school weeks, Teacher Recruitment will progress appropriate further action with the principal and their Director Educational Leadership.

Where a permanent appointment is made under the provisions of this Staffing Agreement, the teacher, executive or principal will commence on the first day of Term 1, the first day of Term 2 or the first day of the following school year, depending on which is the closest future date. An alternative entry on duty may be negotiated if there is written agreement from all parties (the substantive principal or DEL, the receiving principal or DEL and the teacher).

2. Exemption from a Central Appointment

Schools which have not been able to access a local choice recruitment option (Step 3 for teacher vacancies and Step 2 for executive and principal vacancies) for the preceding five (5) vacancies will be permitted to access local choice for the next vacancy only (which may include any of the central options, including transfers, if preferred).

3. Filling Vacant Classroom Teacher Positions

Where the principal determines that a classroom teacher (teacher) vacancy is to be filled on a permanent basis, the principal will advise Teacher Recruitment of the requirements of the position using approved to teach and (where applicable) willing to teach staffing codes. Staffing codes must align to timetabled school offerings and current and/or future student needs.

When declaring a teacher vacancy, school principals may utilise up to a maximum of four (4) Subject/Teaching Area codes. In limited circumstances, up to five (5) Subject/Teaching Area codes may be requested where there is a justifiable need for cross-faculty Key Learning Area codes and/or specialist codes, such as secondary Technology and Applied Sciences positions, positions in Central schools, and/or positions in Special Education settings.

If a match cannot be made at Step 1 based on the Subject/Teaching Area codes submitted, the principal will be required to select from the combinations of codes which result in a Step 1 match on all but one of the submitted codes. This same process also applies to Step 2 matches for vacant positions.

Staffing codes used in declaring vacancies will be reviewed by Teacher Recruitment to ensure compliance with the above requirements. Data to validate compliance with this requirement will be provided each term to the Joint Monitoring and Review Committee.

Permanent teacher vacancies will be filled by progressing through a series of recruitment steps as outlined below.

Step 1

For all teacher vacancies declared from Day 1, Term 2 2024, Teacher Recruitment will run a match against the vacancy, based on approved to teach codes only. If there is a:

  • Section 51A (non-compassionate) or Part 4A appointments required under the Teaching Service Act 1980
  • Incentive transfer applicant
  • Aboriginal or Torres Strait Islander employment applicant
  • Approved Section 51A transfer (compassionate) applicant
  • Teacher appointed permanently at the school under the 2023 Temporary Workforce Transition initiative*
  • Nominated transfer applicant
  • Priority transfer of an Aboriginal or Torres Strait Islander teacher or teacher from a special education setting
  • Service transfer applicant (including regression by service transfer or permanent part-time teachers seeking an increase to a permanent full-time position and/or an increase to the FTE of their permanent part-time position where this can be operationally accommodated)
  • A permanent teacher appointed to an equivalent Above Centrally Identified Position (ACIP) position at the school
  • Where they are not otherwise eligible for a service transfer, a permanent part-time teacher appointed to the school seeking an increase to a permanent full-time position and/or an increase to the FTE of their permanent part-time position where this can be operationally accommodated

who matches the requirements of the position an appointment will be made.

Where there is more than one teacher from the above groups matching the position, teachers will be prioritised in the above order.

Except for Aboriginal or Torres Strait Islander employment candidates, a teacher in any Step 1 group matching to a position will be appointed to that position. Aboriginal or Torres Strait Islander employment candidates (who are not a scholarship holder) will be made an offer of employment, which may be accepted or declined without prejudice.

* The mechanism to appoint a permanent teacher initially appointed to the school under the 2023 Temporary Workforce Transition initiative will operate for a period not exceeding the last day of Term 4, 2026. The inclusion of this appointment type will be subject to review and may be ceased earlier than the last day of Term 4, 2026 by agreement between the parties.

Where there are two or more permanent teachers initially appointed to the school under the 2023 Temporary Workforce Transition (TWT) initiative who match the approved to teach codes of the vacancy, the appointment will be decided based on the teacher with the oldest priority date as at the time of their TWT permanent appointment.

Step 2

If an appointment is not made from any of the above groups in Step 1, the following groups will then be considered, based on the teacher’s approved to teach/willing to teach codes:

  • Scholarship holders/sponsored teachers and Targeted Graduate teachers (via the Graduate Recruitment Program), prioritising high performing graduates (approved to teach codes only)
  • the Approved to Teach (employment) List, with priority status for eligible temporary teachers in 4, 6 and 8 transfer point schools only

Where there is more than one teacher from the above groups matching, priority may be given to appoint a scholar or sponsored teacher who matches the requirements of the role and then to a graduate teacher.

If there are no scholarship holders, sponsored teachers, or Targeted Graduate teachers to appoint, an opportunity to express interest in a permanent appointment to the vacant position will be extended to teachers on the Approved to Teach (employment) list.

Graduate Recruitment Program

The department’s Graduate Recruitment Program provides an opportunity for outstanding graduates to be permanently appointed to NSW public schools.

A high performing graduate may be identified for an early priority appointment to an initial appointment area up to 12 months prior to the completion of studies at Step 2. Any graduate targeted for such an appointment will be required to have met all course requirements and all elements of the approval process prior to the permanent appointment being finalised.

Approved to Teach (employment) list

Typically, teachers on the approved to teach (employment) list matching a permanent vacancy will be offered an opportunity to express interest in a direct appointment to that position. Teachers expressing interest will be placed in order of priority date, with the offer made to the teacher with the oldest priority date.

In the following circumstances, a temporary teacher already engaged in the school who expresses interest will be prioritised for the permanent appointment:

  • in a 4 transfer point school, where the teacher matches the approved to teach codes AND has undertaken at least two (2) years of continuous service* as a temporary teacher;
  • in a 6 or 8 transfer point school, where the teacher matches the approved to teach codes AND has undertaken at least one (1) year of continuous service*;

* continuous service consists of full-time or part-time temporary engagements (including any periods of paid leave and school vacations) and periods of casual employment which average 0.4 FTE or greater at the one school. Periods of unpaid leave and breaks in work of no more than 4 term weeks will not break continuity of service but will not be counted as service.

In all cases, an offer of employment to a teacher on the approved to teach list is contingent on that teacher holding full approval to teach, and otherwise eligible for permanent employment.

Step 3

If an appointment has not been made from any of the above groups, the principal can choose how to fill the position. Where a vacancy is being filled at Step 3 the principal may choose:

  • Open merit advertisement
  • Closed merit advertisement
  • Temporary teacher appointment to permanent status, as described in Clause 9.
  • Accessing an eligibility list (top of the list or pool process) from within the same Principal network, or if necessary, the Operational Public School Directorate, where the codes for the position are identical. If a pool process is selected, all candidates on the eligibility list (who remain eligible) will be invited to express interest in the position, and all expressing interest will then be subject to a local suitability interview.

4. Procedures for filling vacant executive positions

Where the principal determines that an executive (deputy principal, head teacher or assistant principal) vacancy is to be filled on a permanent basis the principal will advise Teacher Recruitment of the requirements of the position using relevant staffing codes.

Permanent executive teacher vacancies will be filled by progressing through a series of recruitment steps as outlined below.

Step 1

For all executive vacancies declared from Day 1, Term 2 2024 until the last day of the July 2024 vacation, Teacher Recruitment will run a match against the vacancy, based on relevant staffing codes. If there is a:

  • Section 51A (non-compassionate) or Part 4A appointment required under the Teaching Service Act 1980
  • Incentive transfer applicant
  • Approved Section 51A transfer (compassionate) applicant
  • Nominated transfer applicant
  • Priority transfer of an Aboriginal or Torres Strait Islander executive teacher or executive teacher from a special education setting

who matches the requirements of the position an appointment will be made.

From Day 1, Term 3 2024, all executive teachers with a minimum of 4 years’ service in the executive role at their current school will be eligible to apply for an executive service transfer.

For all executive vacancies declared from Day 1, Term 3 2024, Teacher Recruitment will run a match against the vacancy. A re-match will also be conducted on all existing executive vacancies where the position remains vacant following an unsuccessful recruitment action (including open merit).

If there is a:

  • Section 51A (non-compassionate) or Part 4A appointment required under the Teaching Service Act 1980
  • Incentive transfer applicant
  • Approved Section 51A transfer (compassionate) applicant
  • nominated transfer applicant
  • Priority transfer of an Aboriginal or Torres Strait Islander executive teacher or executive teacher from a special education setting
  • Service transfer applicant (including regression service transfer to a lower-level executive and permanent part time executive teacher appointed to the school seeking an increase to a permanent full-time position and/or an increase to the FTE of their permanent part-time position where this can be operationally accommodated)
  • A permanent executive teacher appointed to an equivalent Above Centrally Identified Position (ACIP) position at the school

who matches the requirements of the position an appointment will be made.

Where there is more than one executive from the above groups matching the position, executive teachers will be prioritised in the above order.

Step 2

If an appointment is not made from any of the above groups, the principal can choose how to fill the position.

Where an executive position is filled at Step 2 the principal can choose:

  • Open advertisement
  • accessing an eligibility list (top of the list or pool process), where the codes for the position are identical. If a pool process is selected, all candidates on the eligibility list (who remain eligible) will be invited to express interest in the position, and all expressing interest will then be subject to a local suitability interview.

5. Filling Principal Positions

The Director, Educational Leadership will advise Teacher Recruitment of the requirements of the vacancy.

Step 1

For all principal vacancies declared from Day 1, Term 2 2024, Teacher Recruitment will run a match against the vacancy. If there is an:

  • Section 51A (non-compassionate) or Part 4A appointment required under the Teaching Service Act 1980
  • Incentive transfer applicant*
  • Approved Section 51A transfer (compassionate) applicant
  • nominated transfer applicant
  • priority transfer of Aboriginal or Torres Strait Islander principal or a principal from a special education setting

who matches the requirements of the position an appointment will be made.

Where there is more than one principal from the above groups matching the position, principals will be prioritised in the above order.

Step 2

If an appointment is not made from any of the above groups, the position will be advertised.

*Special provision for principals with an incentive transfer

Pending application and formal endorsement from their Director Educational Leadership and approval from the relevant Executive Director, Public Schools, a principal who is eligible for an incentive transfer may be considered for a transfer either at their current principal classification or at a classification a maximum of one step up.

Where there is more than one principal with an incentive transfer matching a vacancy, priority will be given to a principal already at the classification of the vacancy.

6. Transfers

6.1 All transfers applications (including nominated) will require certification by the current principal (or DEL in the case of principals) to validate satisfactory performance in the position held in the school.

6.2 It is incumbent on the teacher or executive teacher to ensure their transfer application is current and an accurate reflection of their preferences, including the approved to teach codes, availability date and schools/areas to which they wish to be transferred. The teacher is responsible for withdrawing any active transfer application if they are no longer seeking a transfer.

6.3 Unless there are exceptional and compelling reasons which establish that a teacher or executive teacher cannot accept an appointment by a service-based transfer, should a teacher refuse a service-based transfer appointment, the department will withdraw the transfer and the teacher will not be considered eligible for another service-based transfer for a period of up to two years.

6.4 Where changes to enrolments or curriculum requirements necessitate the nominated transfer of a teacher, the teacher will retain permanent employment within the state-wide teaching service. Every effort will be made to place a teacher (including teachers returning from non-school based appointments) to a suitable vacancy within approximately 1-hour travel time from their residential address as recorded in the department’s personnel system.

6.5 Classroom teachers, executive teachers and principals may elect to be concurrently matched for transfers of different types, provided that they meet eligibility requirements for the specific categories of transfer.

6.6 Transfers may occur to permanent part-time positions which have been created deliberately, rather than simply being constituted out of fractional positions which happen to occur in the school establishment.

Section 51A Transfers under the Teaching Service Act 1980

Section 51A of the Teaching Service Act 1980 enables the Secretary to transfer an officer of the Teaching Service to another position within the Teaching Service. An officer may request a transfer under this section but is not entitled to be transferred.

Section 51A Transfers on Compassionate Grounds

Compassionate transfers are to be dealt with under Section 51A of the Teaching Service Act 1980.

Where classroom teachers, executive teachers and principals have exceptional and/or compelling circumstances requiring transfer from their current school, an application for a Section 51A transfer based on compassionate grounds can be submitted via their principal to the local Director Educational Leadership. In the case of principals seeking a Section 51A transfer on compassionate grounds, the application is made directly to the local Director Educational Leadership.

Applicants must notify the Director Educational Leadership if their circumstances change or if they wish the application to be withdrawn.

An application for Section 51A transfer based on compassionate grounds will be approved based on exceptional and/or compelling circumstances, which can include where a teacher is permanently unable to return to their school based on medical restrictions which are accepted by the department. Applications must include relevant information to substantiate the exceptional and/or compelling circumstances and supporting documentation. These circumstances need to justify not only the request to move from the school to which the classroom teacher, executive staff member or principal is presently appointed, but also the reasons for requesting the schools to which the classroom teacher, executive staff member or principal is seeking transfer.

Once approved, details of the application are forwarded to the Teacher Recruitment team for actioning in accordance with Step 1 processes for classroom teachers, executive teachers or principals.

Regression transfer of principal or executive

A permanent principal or executive teacher who wishes to regress to a teacher position may apply for a classroom teacher service transfer, on the basis that they have undertaken the service period required for teachers in their current school to be eligible for a service transfer.

A permanent principal or executive teacher who wishes to regress to a lower-level executive position may apply for an executive service transfer, on the basis that they have undertaken the minimum 4-year service period in their current position.

A permanent principal or executive teacher who wishes to regress to either a teacher or executive position and has not met the service period threshold to apply for regression by service transfer should apply for a Section 51A transfer on Compassionate Grounds.

Special provision for teachers who relinquished a permanent position prior to 2012

Teachers who relinquished their permanent position prior to 2012 who did not resume duty in a permanent role through a central appointment or any other means, and who:

  • hold current approval to teach and
  • confirm a desire for permanent appointment

will continue to be eligible to apply for a service transfer.

7. Requirements to fill a Permanent position on a temporary basis

Subject to the provisions of below, when a teacher or executive staff vacancy occurs, the principal will determine, based on the needs of students and local workforce planning needs, whether the position is to be filled on a temporary or permanent basis.

7.1 A permanent position may be filled on a temporary basis for a period which does not exceed one (1) school year when:

  • the enrolments at the school have been and/or are projected to decline;
  • the enrolments at the school have been fluctuating;
  • the curriculum offerings at a secondary or central school are changing and/or some subjects have been and/or are projected to decline;
  • part-time positions are required to target specific whole of school programs which are intended to occur for no more than two (2) years and with approval required on an annual basis.

7.2 Where a principal requests to fill a permanent position on a temporary basis for one of the four listed reasons above, the request will first be considered by the Director, Educational Leadership. The Director, Educational Leadership will either endorse or decline the request.

All endorsed requests will then be considered by the central panel consisting of senior officers of School Workforce and Public Schools which meets three times per term for the purposes of approving or declining endorsed requests and other matters.

7.3 Where a school has been approved to engage a temporary teacher to fill a permanent position as per 7.1 above, the principal will enter the position number for the vacant position on the Temporary Engagement Form and note that the engagement has been approved by the central review panel.

8. Longer Term Temporary Appointments

A longer-term temporary engagement of up to three (3) years can be offered to fill a vacant position where:

  • a permanent teacher is to be absent from their appointed school and retains right of return to that position, or
  • the position is above the centrally identified staffing entitlement.

Should circumstances change, for example, the substantive teacher decides to return to their position before the originally planned time, the program to which the substantive teacher was engaged does not continue, or school enrolments require a reduction in staff that could be offset by the placing of a permanent teacher against the leave vacancy, then normal early cessation conditions such as four weeks’ notice will apply.

Where a temporary vacancy exists due to one of the reasons outlined in Clause 7.1, the temporary engagement will match the length of time that the position has been placed on hold, which is no more than one (1) school year.

9. Temporary Teacher Appointment to Permanent Status

Where a temporary teacher has been engaged for a minimum period of continuous service* at the current school, the principal may elect to permanently appoint the temporary teacher to a permanent vacancy at Step 3, or to an Above Centrally Identified Position in an 8 point school, provided the following criteria are met:

The temporary teacher:

  • Has a Performance and Development Plan and has been satisfactorily participating in the Performance and Development cycle;
  • meets the approved to teach requirements of the position; AND

At a 1 point school where:

  • A permanent full time or part time vacancy arises
    • The temporary teacher has completed a minimum of 3 years of continuous service* at their current school

At a 2 point school where:

  • A permanent full time or part time vacancy arises
    • The temporary teacher has completed a minimum of 2 years of continuous service* at their current school

At a 4 or 6 point school where:

  • A permanent full time or part time vacancy arises
    • The temporary teacher has completed a minimum of 1 year of continuous service* at the current school

At an 8 point rural and remote incentive or Connected Communities school where:

  • The temporary teacher has completed a minimum of 1 year of continuous service

Where more than one temporary teacher at the school meets the eligibility requirements, the principal will conduct a suitability assessment in determining the appointment as outlined in the Staffing Procedure for the Teaching Service in NSW Public Schools.

* continuous service consists of full-time or part-time temporary engagements (including any periods of paid leave and school vacations) and periods of casual employment which average 0.4 FTE or greater at the one school. Periods of unpaid leave and breaks in work of no more than 4 term weeks will not break continuity of service but will not be counted as service.

10. Extended Hours of Educational Delivery

Where the Department establishes a new school, re-purposes an existing school or establishes a specialist school such as a virtual high school, provision for the timetabling of classes beyond the core hours of operation of a school and for teachers to work within those extended hours may be made provided that the overall hours of duty of teachers shall not be exceeded.

Such provision is to be made in accordance with the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022 or its successor.

Consideration is to be given to equity, gender and family issues involved in any proposal to implement flexible hours.

The parties agree to continue to trial and review pilots on flexible work organisation in schools arising from strategies and other initiatives that aim to enhance public education.

11. Staffing of Specialist Settings

Schools for Specific Purposes (SSPs) and Educational Training Units (ETUs) represent unique educational settings that require specialist skills and experience.

When filling permanent vacancies in these settings, the following caveats will apply:

Where the position is being matched for transfer, the applicant must be a classroom teacher, executive teacher or principal currently serving in an ETU or special education setting (SSP or support class) and/or hold the relevant special education qualifications*.

Where the applicant is being considered for an offer of employment, the teacher must hold the relevant special education qualifications.

* In some circumstances, a principal of a special education setting may require flexibility in determining the appropriate subject codes required to deliver curriculum appropriate to the students at the school. Such requests will be case managed by Teacher Recruitment.

The processes to fill permanent vacancies in these Specialist Setting will otherwise follow those outlined at Clause 3, Clause 4 or Clause 5.

12. Permanent Positions Above Centrally Identified Staffing Entitlement

Consistent with the Principles for Determining the Mix of Staff in NSW Public Schools Procedure, a principal may decide to utilise additional funding provided above the school's centrally identified staffing entitlement to create additional positions for filling by permanent appointment. These are known as Above Centrally Identified Positions (ACIP).

These permanent positions are established through application by the Principal, after consultation with the school community and with the approval of the Director Educational Leadership. In determining the case for a permanent ACIP, consideration should be given to the amount and continuity of funding, the ongoing requirement for the role, and the educational needs of the school.

The principal will be able to choose the selection method to fill the permanent position.

If the permanent position is at executive level, the role description must include general selection criteria relevant to the position level, together with the specific criteria determined by the school. This will provide relative status at the executive level in the state-wide teaching service.

13. Staffing of Multi-Campus Colleges

A multi-campus college will be considered a regular comprehensive high school for the purpose of staffing. Vacancies identified by the College Management Group will be filled in accordance with the Staffing Agreement.

A principal will be appointed to each campus at the college. Teachers and executive staff will be appointed to a college, with an initial location of a campus.

The Principles for the Staffing of Multi-Campus Colleges are at Appendix 1.

14. Staffing Procedures

The Promotion and Transfer Procedures for School Teachers will be revised to ensure the procedures reflect the requirements of this Agreement and may be subject to further revision if there are any subsequent amendments to the Agreement.

An interim agreed update of the existing Merit Selection Procedure will be published for the commencement of this Agreement. The parties will finalise a more comprehensive review of the Procedure, including agreed process changes for implementation no later than the commencement of the 2025 school year.

15. Appeals

The procedures for appeals against Merit Selection outcomes are at Appendix 2

16. Compliance Monitoring and Reporting

Compliance with the Staffing Agreement will be monitored by a state level Joint Monitoring and Review Committee (JMRC). This committee will comprise representatives of the parties to the agreement, with equal representation from both parties. The department's representation will include representative/s from the Public Schools division. The JMRC will be responsible for ensuring that the highest standards of probity, accountability and transparency apply to the staffing of NSW public schools.

The parties will participate in a JMRC forum each term to monitor and resolve compliance matters. Prior to each term's JMRC forum, the department will produce a Compliance Monitoring Report that shows each school's FTE entitlement, permanent FTE establishment, the difference between the two (unfilled entitlement), the difference expressed as a percentage, and FTE positions held in accordance with clause 2 of this agreement. The Compliance Monitoring Report will also identify the number of executive positions within this data. This report will be sorted by field Executive Director locations and will highlight schools for detailed review.

Where the JMRC identifies a school requiring further review, the Director, Educational Leadership will discuss the level of temporary employment with the relevant principal to ascertain reasons and any necessary action to rectify the situation.

The Compliance Monitoring Report will also include data and analysis for the preceding school term, including:

  • executive entitlement changes, specifically Head Teacher curriculum and non­ curriculum trends, and
  • approved to teach codes which have been used to match against each vacant position filled.

Separate to the JMRC, the following matters will be reported in Term 4 of each year, commencing 2024:

  • the number positions which having been declared and were unable to be filled through the recruitment provisions outlined in the Staffing Agreement, and
  • the number of positions filled via each appointment mechanism for the system as a whole and by Public Schools location.

17. Qualified Teachers

Teachers in NSW public schools are required to hold qualifications consistent with the requirements of the NSW Education Standards Authority (NESA) and the provisions of the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022 or its successor.

18. Class Sizes

Class sizes will be planned generally on the following basis and will have regard to the needs of the school:

Primary schools and primary departments of central schools

K-2

The statewide average class sizes are 20 in Kindergarten, 22 in Year 1, and

24 in Year 2.

Years 3-6

No class need exceed 30 students.

High schools and secondary departments of central schools

Years 7-10

The principal, in consultation with staff, is responsible for determining actual class sizes based on the curriculum needs of the school, student needs, community expectations, and the expertise of the teachers. Principals also take account of work health and safety issues when forming classes.

No class need exceed 30 students.

Practical classes Years 7-10
  • the organisation of industrial technology, agriculture, and visual arts on the basis that no class need exceed 20 students;
  • the organisation of food technology and textiles technology in Years 7-10
  • on the basis that no class need exceed 24 students; and
  • the organisation of technology (mandatory) classes in Years 7-8 and design and technology (elective) classes in Years 7-10 on the basis that no class need exceed 22 students.

When forming classes, principals of secondary schools also take into account the following advice.

Years 11-12

No class need exceed 24 students.

Other schools

Class sizes not listed above will be determined by the principal in accordance with formulae current as at the commencement of this agreement.

19. Commitments under the Agreement

The department and the NSW Teachers Federation agree that variations to the Staffing Agreement during this period will only be made with the mutual consent of the parties.

Parties will meet formally to review and discuss the implementation of this Agreement, including the tabling of relevant data, at the commencement of Term 4, 2025. The review will include but not be limited to discussion of whether inclusion of a specific appointment type for TWT appointed teachers into permanent entitlement vacancies can be ceased earlier than the last day of Term 4, 2026.

Negotiations on a new Staffing Agreement will commence no later than the beginning of Term 2, 2028 and should be finalised no later than the end of Term 3, 2028, with the new Agreement to become operational from the commencement of the 2029 school year.

Appendix 1: Principles for staffing multi-campus colleges

The following principles will apply to the organisation and staffing of multi-campus colleges.

1. A multi-campus college will be considered a regular comprehensive high school and as such will receive its ordinary monetary allocations, global budget allocations, staffing allocations and other relevant resourcing allocations as detailed in these procedures.

2. Each college will have a College Principal with overall management responsibilities for the college. At colleges where the College Principal role is shared on a rotational basis among the campus principals, a non-teaching deputy principal position will continue to be allocated.

3. A college principal will be an additional member on a selection panel for a campus principal.

4. A principal will be appointed to each campus.

5. A College Principal will receive a salary outcome that equates to a P5 on the new classification structure. The salary is not determined by the principal classification thresholds.

6. Teachers and executive staff will be appointed to the college, with an initial location of a campus. Following a teacher's appointment to a college and the initial allocation of that teacher at a campus, the College Management Group (CMG) can allocate a teacher or executive staff member to a different campus. Consistent with the principles in these procedures, principals will consider the preferences of individual teachers and executive staff, the approved subjects and teaching areas of individual teachers and executive staff, the experience and skills of individual teachers and executive staff and the needs of the students on each campus.

7. The CMG, comprising the college principal and the campus principals, will assign teachers and executive staff to classes and campuses for the commencement of each school year.

Expression of Interest (EOI) - Substantive Site Relocation

8.

i. Teachers and executive staff will have an opportunity to indicate their class and campus preferences each year for the following year. However, newly appointed staff members are not eligible to transfer to another site within their first year at the college through an expression of interest.

ii. Consistent with the principle expressed in Clause 13 of the Staffing Agreement, that colleges will be considered a regular comprehensive school for staffing, where a permanent vacancy arises at a campus the CMG will consider EOIs submitted from permanent members of staff across the college. In the EOI process, where a staff member matches the approved to teach codes and/or areas of experienced teaching for the position, or the position level requirements and eligibility for executive positions, they will be placed in the position. Where more than one staff member matches the codes the teacher with the most years of service in the college, or where applicable, since their last EOI movement within the college, will be placed in the position. If there are no suitable candidates in the college, vacancies identified by the CMG will be filled in accordance with the Staffing Agreement.

Cross Campus Teaching

9. The CMG will ensure that all staff members have access to cross campus teaching opportunities as a fundamental basis of their tenure at the college and will provide initiatives which enhance these opportunities such as part-time arrangements, common timetabling, and complementary timetabling.

10. ln delivering cross campus teaching opportunities and assigning teachers and executive staff to campuses via the EOI process, the CMG will consider:

i. the needs of the students on each campus.

ii. the preferences of individual teachers and executive staff, including where this has been previously advised through their Performance and Development Plan (PDP) or previous Expression of Interest (EOI) submissions.

iii. the approved subjects and teaching areas of individual teachers and executive staff.

iv. the experience, skills and professional needs of individual teachers and executive staff.

College General Staffing Entitlement (CGSE)

11. A College General Staffing Entitlement (CGSE) will be provided to each College to ensure staffing and resourcing levels for a College are not less than what the aggregate of the staffing and resourcing levels would have been for the "stand alone schools".

i. The CGSE will be calculated as the difference between the general scale upper entitlement calculated for the total number of Year 11 and 12 students within the College and the total of the general scale upper entitlements for each campus within the College calculated after a notional equal distribution of Year 11 and 12 student enrolments to each campus.

ii. The CGSE will be used to establish college teacher concessional allowances (CCA) and additional recognised executive positions (e.g. head teacher welfare, deputy principal. At least 60% of the CGSE will be used for CCA use. Additional deputy principal and/or head teacher positions and appropriate executive allowances may be created by utilising up to 40% of the CGSE, with the acknowledgement that minor variations to the percentage breakdown based on operational requirements may be approved.

iii. The CCA will be used to reduce individual school teaching staff timetabled period loads where these teachers are cross-campus teaching.

12. The CCA may additionally be utilised by school teachers to address the following operational needs:

  • coordination and communication issues
  • welfare issues
  • professional dialogue
  • curriculum support
  • support for year advisers
  • release and relief for consultation between the College Management Group and the local NSW Teachers Federation Representatives College Committee (TFRCC).

13. College General Staffing Entitlement will be used to support head teachers who have responsibility across more than one college campus and head teachers with faculty management responsibilities on more than one campus within the college.

14. The College Management Group will consult with the local TFRCC (where established) prior to determining the use of the CGSE.

15. Documentation must be provided to the Director of Teacher Recruitment and Placement as well as the Director Educational Leadership and the Teachers Federation organiser with responsibility for the College, during the college executive review process in term three each year, regarding the use of the CGSE.

16. All calculated teacher entitlements, as detailed in the Department's staffing entitlement guidelines, will be allocated to each campus within a college, including a small schools supplement, which will continue to be allocated to each campus within a college, provided that enrolments are consistent with the guidelines and the allocation of a small schools' supplement.

17. The travel provisions of the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022 or its successor will apply to teachers, executive staff and principals who work across campuses within a college.

Appendix 2: Appeals procedure

Preamble

These procedures apply to a permanent teacher who has applied for a promotions position in a school in response to an advertisement and should be considered in conjunction with the Merit Selection Procedure.

The Teaching Service Act 1980 and the subsequent Determination No 5 of 2005, limit appeals to ‘senior positions’ defined as "… any position in the Teaching Service to which a person employed in the Teaching Service could be promoted". This includes principal, deputy principal, assistant principal, or head teacher positions.

Under these provisions a permanent teacher may appeal against the recommended appointment to a senior position through an advertised selection process, only on the grounds that the process was irregular or improper.

Where an applicant for an advertised classroom teacher position believes there has been an irregular or improper selection process, they may submit their concerns as a complaint to the Appeals Secretariat (School Workforce) within 10 calendar days of being notified.

Appeals Procedures

1. An appeal must:

a) be lodged with the Appeals Secretariat (nominated Director or delegate) no later than 10 (ten) days from the day on which the teacher is first notified (verbally or in writing) of being unsuccessful;

b) state clearly the applicant's name and title of the position in question; and

c) state the grounds on which the applicant believes that the selection process was irregular or improper.

2. An appeal on grounds will be considered by an appeals panel, chaired by an independent convenor.

The membership of the appeals panel will be:

a) an independent convener, chosen from a list of independent conveners agreed to by the department and the Teachers Federation. This list will be reviewed by both parties annually.

b) a School Workforce representative of appropriate seniority with no direct involvement in the merit process under appeal

c) a Teachers Federation representative with no direct involvement in the merit process under appeal

Wherever possible, there will be gender representation on the appeals panel.

3. The panel will consider the appeal based on the documentation provided by the applicant and the any other relevant documentation arising out of the selection process.

4. The panel may, if necessary, and at its discretion, examine other relevant documentation or talk to any person, including the applicant.

5. The panel will make a recommendation to the relevant Director, School Workforce either that the appeal should be dismissed or upheld. The panel may also make any other recommendation which seems appropriate. When unanimous agreement cannot be achieved a minority report may be submitted to the Appeals Secretariat through the convener of the appeals panel.

6. Where the panel or a member of the panel through a minority report recommends to the relevant Director, School Workforce that an appeal should be upheld, the panel or that member will also recommend to the relevant Director, School Workforce in relation to the reconducting of the selection process, whether or not each member of the original selection panel should form part of the selection panel reconducting the selection process.

7. The relevant Director, School Workforce may uphold or dismiss an appeal, or may make such other decision as seems appropriate. The details of each decision will be given to the applicant in writing.

8. To uphold an appeal, the relevant Director, School Workforce must be satisfied that the process was irregular or improper and had an impact, or potentially had an impact, on the decisions of the panel.

9. Where an appeal is upheld, the selection process will be reconducted where this is practicable. The selection panel will be constituted in accordance with the decision of the relevant Director, School Workforce taken in relation to the recommendation referred to above.

10. Except with the approval of the relevant Director, School Workforce a teacher whose appointment is subject to appeal will not take up duty in the new position until the appeal is determined.

11. In accordance with the Teaching Service Act 1980, the decision of the relevant Director, School Workforce as delegate for the Secretary is considered final.

AGREEMENT BETWEEN THE NSW DEPARTMENT OF EDUCATION AND THE NSW TEACHERS FEDERATION ON THE STAFFING OF NSW PUBLIC SCHOOLS 2024 - 2029

This Agreement has been signed for the NSW Department of Education by Murat Dizdar, Secretary (witnessed by Donna Wilcox, Executive Director Employee Relations) and for the NSW Teachers Federation by Maxine Sharkey, General Secretary (witnessed by Henry Rajendra, President).

27 March 2024

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