Executive Director’s Update to Principals #57 - 4 December 2023
Variation in FTE Using 30+8 Model Calculator
In accordance with clause 59.2 of the CEMEA 2022 “Allocation of Teacher work” the 30+8 model is adjusted for a part-time teacher’s hours according to the proportion of scheduled class time (SCT) in accordance with the following formulas:
Actual Scheduled Class Time ÷ Maximum Scheduled Class Time x 30 hours
Actual Scheduled Class Time ÷ Maximum Scheduled Class Time x 8 hours
There have been some questions from Principals in relation to the operation of the 30+8 model and, in particular, where a part-time teacher is working 12 hours of SCT per week. When using the above CEMEA 2022 formula provided in the CECV SCT calculator tool, the FTE is calculated at 0.58, which is a reduction in their current contracted. We understand that this situation will also be occurring with other fractional FTE, however, 0.6 has been mentioned on several occasions.
The below table provides an example of the breakdown of the FTE under the 30+8 model:
Year | 2024: max SCT 21 hours | 2024: max SCT 21 hours |
FTE | 0.6 | 0.58 |
Total Hours Contracted | 22 hrs 48 mins | 22 hrs 2 mins |
Scheduled Class Time | 12 hrs 36 mins | 12 hrs 10 mins |
Teaching and Learning Focus | 5 hrs 24 mins | 5 hrs 13 mins |
Employer Directed | 4 hrs 48 mins | 4 hrs 38 mins |
Year | 2024: max SCT 21 hours | 2024: max SCT 21 hours |
FTE | 0.82 | 0.8 |
Total Hours Contracted | 31 hrs 09 mins | 30 hrs 24 mins |
Scheduled Class Time | 17 hrs 13 mins | 16 hrs 48 mins |
Teaching and Learning Focus | 7 hrs 22 mins | 7 hrs 12 mins |
Employer Directed | 6 hrs 33 mins | 6 hrs 24 mins |
Some Principals have sought direction from DOBCEL on whether to maintain the existing FTE or reduce to reflect the new formula in the CEMEA 2022. Principals are advised that teacher contracts (and total contracted FTE hours) should align with the 30+8 formula in the CEMEA, and the actual hours worked.
Recommendation: Therefore, DOBCEL recommends exercising the provision in Clause 15 of the CEMEA which allows for a variation in hours due to a change to enrolment, curriculum, program, organisation, structure, technology, or funding and reduces the employee’s contracted FTE/hours of work where the total FTE using the 30+8 formula is less than a teacher’s current contracted hours.
In some cases, the principal may exercise their discretion to increase the actual hours the teacher will work, if this suits your school's operational needs, to align to the FTE/hours in their current contract.
It may also be helpful to note that the CEMEA provides additional benefits for teachers including:
- Reduced SCT;
- Increased autonomy over their workload including quarantined teaching and learning focus time;
- Paid lunch breaks;
- Time in Lieu benefits.
Fixed-Term Contracts and Parental Leave
From 6 December 2023, the Fair Work Act 2009 (Cth) (FW Act) via an amendment (Secure Jobs, Better Pay Act 2022) will include provisions that make it unlawful for an employer to enter into a fixed-term contract of employment with an employee in contravention of a number of express limitations.
The proposed changes include the following:
- A single fixed term contract must not be for a period greater than two years;
- A fixed term contract cannot be renewed if the second contract would result in the fixed term employment exceeding two years in duration;
- A fixed term contract cannot be renewed more than once even if the total period of fixed term employment is less than 2 years in duration.
A number of exceptions apply to the limitations under the Act that include:
- The role is to perform only distinct and identifiable tasks involving specialised skills.
- The employee is engaged under a traineeship or apprenticeship contract.
- Essential work to be undertaken during a peak demand period (e.g. seasonal work).
- The work is required during emergency circumstances (not well defined by the Act).
- Temporarily replacing an employee who is on a period of leave.
- The employee’s earnings exceed the high-income threshold ($167,500 - 1 July 2023).
- The position is wholly or partially government funding and there is no reasonable prospect that funding will be renewed beyond a 2-year period.
- The modern award that covers the employee also has an exception.
Although these exceptions exist, there has been limited information made available by the Fair Work Commission to date to provide additional support for employers. However, the change to legislation has raised concerns about the validity of fixed-term contracts relating to backfill for parental leave.
Contract type: Fixed-term Contract used to backfill FTE/hours of work for staff returning from parental leave on a part-time until the child reaches school age.
Detail: Although the exceptions under the FW Act are not specific to these fixed-term roles as advised by Minter Ellison, (and confirmed by DET and CECV/MACS) there is an obligation under the FW Act to protect the ongoing employment of a staff member exercising their right for their role to be held; subsequently this role is already owned by this person deeming this contract a replacement contract. This is also specified under CEMEA 2022 clause 11.2(b)(iii)b.
Concern has also been raised regarding potential redundancies that may result in offering ongoing contracts for backfill positions when they are effectively not ongoing roles.
The Fair Work Commission (Commissioner Bissett, 2018) has previously held that an employee returning from parental leave in a part-time capacity for a specified period is essentially ‘on leave’ for the difference between their pre-parental leave hours/FTE and the hours/FTE that they are working on a part-time basis. The new fixed-term limitations legislation provides an exception enabling employers to temporarily replace an employee who is on a period of leave.
CECV is providing this advice in Fixed-Term Contract training, and it will be included in the CECV Fixed-Term Contract Guidelines to follow.
Actions for Schools: Continue offering fixed-term contracts to cover the backfill of roles that are owned by employees exercising the right to flexible arrangements post parental leave.
Timetable Templates
Following last week’s Timetable template presentations by Jordan Smith, should you have any questions, please contact Jordan at jsmith@dobcel.catholic.edu.au or 0488 332 731.