Schools Time in lieu dispute

  • By Justin Mullaly
  • This article was published more than 1 year ago.
  • 19 Mar 2023

The AEU application regarding whether the Department of Education (DE) can require a teacher or education support staff member attending camp to be considered ‘off duty’ and not entitled to time in lieu is due to be heard by the Fair Work Commission on 1 May this year.

It is not ideal that the timeframe for the hearing means that if there was a local decision to use the department’s ‘off duty’ option, some members will have already been on camp and not had all of their TIL properly accrued.

We continue to encourage all schools to only apply the options available in the VGSA 2022, rather than the DE policy, in relation to time in lieu for attendance at camps.

At the hearing, the AEU will argue vehemently that it is not possible under the agreement – and nor is it reasonable, given a teacher or ES’s duty of care to students – to not be considered ‘on call’ when working outside of normal attendance hours on camp.

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