Common use of Averaging Clause in Contracts

Averaging. 38.1 Lecturing hours may be averaged over periods of up to 21 calendar weeks in a semester, except for Pilbara Institute where lecturing hours may be averaged over periods of up to 20 weeks in a semester. 38.2 The maximum averaging lecturing hours will be 420 hours over 21 weeks, or 20 weeks. A pro rata number of lecturing hours based on an average of 21 hours per week will be worked for averaging periods of less than 20 weeks. 38.3 Lecturing hours cannot be carried over from one semester to another and each lecturer will commence each semester with a zero balance of lecturing hours. 38.4 Lecturers and managers will strive to reach reasonable agreement on arrangements for the commencement and duration of any period of averaging. 38.5 Both parties will strive to find reasonable solutions in the event of a change to previously agreed averaging arrangements becoming necessary. 38.6 In striving to reach agreement regarding the implementation of averaging, or changing averaging arrangements, there will be full and proper consultation. Full and proper consultation will involve direct communication between the employee and management at the earliest opportunity and if working as part of a team may include consultation between management and the team. Equity considerations, personal and family commitments, professional and personal development commitments, occupational safety and health issues, educational quality issues and flexible hours arrangements will be considered in the decision making process. 38.7 When lecturing hours vary in accordance with averaging pursuant to this clause, PA hours and ARD hours remain constant, as specified for a lecturer lecturing 21 hours per week in Schedule L – Hours Chart. 38.8 Subject to sub-clause 38.1, ordinary lecturing hours may be programmed throughout the semester except during a lecturer’s annual leave and professional allowance leave periods. 38.9 All duties scheduled on a public holiday in Clause 63 – Public Holidays of this Agreement will be deemed to have been worked. 38.10 When a lecturer completes the requisite number of hours in less weeks than the duration of the period of averaging, the lecturer is only required to perform ARD and PA of 16.5 hours per week for the duration of the period of averaging. Up to a maximum of 7.5 hours ARD may be carried out off campus at the discretion of the lecturer each week. 38.11 A contract lecturer who completes 420 lecturing hours in a shorter period than a semester will be paid as though the lecturing hours were delivered over a full semester. 38.12 A reconciliation will be required at the end of an averaging period and any resulting credit will be paid at one and a half times the ordinary rate of pay in the next pay period conveniently possible. 38.13 Where a lecturer already has a full lecturing load programmed for a semester, relief lecturing will be paid as overtime in the next pay period conveniently possible. 38.14 Advice of any averaging arrangement where lecturers lecture for more than 25 hours per week, other than by agreement, will be forwarded to the STERC for information and future analysis. 38.15 Lecturing hours worked in accordance with sub-clause 35.6 – Hours of this Agreement will count as lecturing hours under any averaging arrangement pursuant to this clause.

Averaging. 38.1 36.1. Lecturing hours may be averaged over periods of up to 21 calendar weeks in a semester, except for Pilbara Institute North Regional TAFE where lecturing hours may be averaged over periods of up to 20 weeks in a semester. 38.2 36.2. The maximum averaging lecturing hours will be 420 hours over 21 weeks, or 20 weeks. A pro rata number of lecturing hours based on an average of 21 hours per week will be worked for averaging periods of less than 20 weeks. 38.3 36.3. Lecturing hours cannot be carried over from one semester to another and each lecturer will commence each semester with a zero balance of lecturing hours. 38.4 36.4. Lecturers and managers will strive to reach reasonable agreement on arrangements for the commencement and duration of any period of averaging. 38.5 36.5. Both parties will strive to find reasonable solutions in the event of a change to previously agreed averaging arrangements becoming necessary. 38.6 36.6. In striving to reach agreement regarding the implementation of averaging, or changing averaging arrangements, there will be full and proper consultation. Full and proper consultation will involve direct communication between the employee and management at the earliest opportunity and if working as part of a team may include consultation between management and the team. Equity considerations, personal and family commitments, professional and personal development commitments, occupational safety and health issues, educational quality issues and flexible hours arrangements will be considered in the decision making process. 38.7 36.7. When lecturing hours vary in accordance with averaging pursuant to this clause, PA hours and ARD hours remain constant, as specified for a lecturer lecturing 21 hours per week in Schedule L – Hours Chart. 38.8 36.8. Subject to sub-clause 38.136.1, ordinary lecturing hours may be programmed throughout the semester except during a lecturer’s annual leave and professional allowance leave periods. 38.9 36.9. All duties scheduled on a public holiday in Clause 63 67 – Public Holidays of this Agreement will be deemed to have been worked. 38.10 36.10. When a lecturer completes the requisite number of hours in less weeks than the duration of the period of averaging, the lecturer is only required to perform ARD and PA of 16.5 hours per week for the duration of the period of averaging. Up to a maximum of 7.5 hours ARD may be carried out off campus at the discretion of the lecturer each week. 38.11 36.11. A contract lecturer who completes 420 lecturing hours in a shorter period than a semester will be paid as though the lecturing hours were delivered over a full semester. 38.12 36.12. A reconciliation will be required at the end of an averaging period and any resulting credit will be paid at one and a half times the ordinary rate of pay in the next pay period conveniently possible. 38.13 36.13. Where a lecturer already has a full lecturing load programmed for a semester, relief lecturing will be paid as overtime in the next pay period conveniently possible. 38.14 36.14. Advice of any averaging arrangement where lecturers lecture for more than 25 hours per week, other than by agreement, will be forwarded provided to the STERC College Joint Consultative Committee for information and future analysis. 38.15 36.15. Lecturing hours worked in accordance with sub-clause 35.6 – Hours of this Agreement will count as lecturing hours under any averaging arrangement pursuant to this clause.