Remuneration — Teaching Service

Overview

Teaching service remuneration policy has been designed to assist with the achievement of the following key objectives.

Value of the work
Value of the work is fairly determined relative to the roles, responsibilities, skill levels and accountability requirements of the various types and levels of work.

Attraction and retention
Attraction and retention of the best possible people to meet the current and future demands and challenges of the Victorian Government education system.

Recognition and reward
Recognition and reward for the quality of the work and contribution to the achievement of improved learning outcomes for students in the government school system.

The Teaching Service Remuneration Policy (refer to the Policy and Guidelines tab) provides policy and information concerning remuneration for employees in the teaching service (other than the executive class) including the following:

• remuneration or salary package
• remuneration on employment, transfer or promotion
• attraction
• principal class remuneration review
• education support and paraprofessional class — salary range review
• annual progression
• accelerated progression — performance and retention

Legislation, orders made under that legislation and industrial instruments are cross-referenced where relevant. Unless indicated otherwise, the policy and information applies to all teaching service positions other than executive class positions in both school and non-school locations. The Regional Director is the delegate in matters concerning principals and teaching service employees in non-school locations.

For the avoidance of doubt, in this policy, in relation to employees who are employed in non-school work locations, references to 'the principal' are to be read as references to 'the Regional Director', and references to 'school' are to be read as references to ‘non-school work location'.

Related policies

• Career Structure — Teaching Service
• Contract of Employment
• Higher Duties — Teaching Service
• Leading Teachers and Learning Specialists
• Performance and Development for Principal Class Employees
• Performance and Development for Teacher Class Employees
• Performance and Development for Education Class Employees
• Salary Packaging — Teaching Service
• Salary Rates
• Special Payments
• Superannuation
• Transfer and Promotion for Teaching Service

Relevant legislation

• Education and Training Reform Act 2006 (Vic)
• Ministerial Order 1388
• Victorian Government Schools Agreement 2022

Policy and Guidelines for Remuneration — Teaching Service

This Policy contains the following chapters:

• Introduction
• Salary package
• Remuneration on employment, transfer or promotion
• Attraction
• Principal class remuneration review
• Education support and paraprofessional class — salary range review
• Remuneration or salary on expiry of contract or tenure
• Annual progression
• Accelerated progression
• Determining remuneration or salary in exceptional circumstances
• Retention of documentation
• Salary Underpayments
• Salary Overpayments
• Principal class employees who are members of a defined benefit scheme

Introduction

This policy has been designed to assist with the achievement of the key objectives illustrated below:

Value of the work
Value of the work is fairly determined relative to the roles, responsibilities, skill levels and accountability requirements of the various types and levels of work.

Attraction and retention
Attraction and retention of the best possible people to meet the current and future demands and challenges of the Victorian government education system.

Recognition and reward
Recognition and reward for the quality of the work and contribution to the achievement of improved learning outcomes for students in the government school system.

Salary package

The Victorian Government Schools Agreement 2022 provides for remuneration for all employees (except Principal Class Employees who are members of a defined benefit scheme) expressed as salary, including principal class employees who are members of an accumulation superannuation scheme.

Principal class employees who are members of a defined benefit superannuation scheme will continue to have remuneration specified as a total remuneration package as calculated in clause 13(6)(d) of the Agreement. Information for principal class employees who are members of a defined benefit scheme can be found at the chapter: Principal class employees who are members of a defined benefit scheme.

The salary package for employees in the principal class (who are members of an accumulation superannuation fund), teacher, paraprofessional and education support classes includes:

• cash salary
• any optional benefits the individual may have elected to include in the salary package in lieu of salary such as a novated lease vehicle.

In addition to the salary package the Department pays the employer contribution to a statutory superannuation fund or other complying superannuation fund on behalf of the individual.

Employer superannuation contribution

The department is required to make superannuation contributions in line with the Superannuation Guarantee (Administration) Act 1992 (Cth).

Employees may nominate a complying superannuation fund for the purpose of receiving the employer's compulsory contribution. If a complying superannuation fund is not nominated, the employer's compulsory contribution will be directed to Aware Super (formerly VicSuper) as the department’s default fund.

For employees who are members of a defined benefit scheme (Revised, New or SERB) the employer superannuation contribution will be directed to that defined benefit scheme.

Salary for superannuation purposes (statutory schemes)

With the exception of employees in the executive or principal class, the salary of an employee who is a member of one of the defined benefit schemes (Revised, New or SERB) is their salary for superannuation purposes.

Salary packaging

All employees may participate in salary packaging that maximises flexibility for individuals to meet their personal and financial needs while at the same time ensure the benefit arrangements comply with relevant taxation legislation and rulings.

For access to department specific information, employees should visit Maxxia

Salary on employment, transfer or promotion

Employment

Except as set out below, salary on commencement of employment is set at the minimum remuneration or salary for the classification and range (where applicable) of the position.

Classroom teacher

The salary on commencement of each new period of employment as a classroom teacher is determined as follows, whichever results in the higher commencing salary:

1. subdivision 1–1 provided that for positions advertised as classroom teacher salary range 2 the commencing salary will be subdivision 2–1,
2. the current equivalent of the salary subdivision received by the teacher on the last day of their most recent employment as a teacher in the teaching service. Provided that where the salary in the former employment in the teaching service was determined incorrectly, or is inconsistent with normal salary progression for a classroom teacher, the teacher's commencing salary will be determined in accordance with (c), or
3. salary subdivision 1–1, plus a salary subdivision for each equivalent full time year of approved teaching experience (as defined below) up to a maximum of subdivision 2–6. Provided the salary determined cannot be higher than the salary determined under subclause (b) except where the teacher has gained approved teaching experience subsequent to their last date of separation from the teaching service

For the purposes of calculating the commencing salary of a classroom teacher 'approved teaching experience' means teaching experience gained whilst employed as a teacher, other than on a casual or sessional basis, in:

• a Victorian registered school or a kindergarten including teaching experience as a casual relief teacher in a Victorian government school on or after 1 January 2005
• a school or a kindergarten of another Australian state or territory that is approved in accordance with the requirements of the relevant state or territory to provide instruction at P–12 or part thereof
• an international school equivalent to an Australian P–12 school setting

*Note that recognition of service in a kindergarten only applies for commencing salary purposes for employment in the teaching service commencing on or after 25 July 2022

The following has not been approved as teaching experience for commencement salary purposes:

• experience gained prior to the completion of an approved course of teacher training
• experience gained in early childhood (other than kindergarten), TAFE or higher education settings
• experience gained as a casual or sessional teacher including as a casual relief teacher in a Victorian government school prior to 1 January 2005

A commencement salary calculator can be used by principals and teachers to assist in determining salary on commencement for a classroom teacher. Schools People Services is available to assist principals in determining commencement salary and, or providing advice regarding the inclusion of any particular Australian or international teaching experience.

Paraprofessional

The salary on commencement of each new period of employment as a paraprofessional level 1 salary range 1 is determined in accordance with (a), (b) or (c) below (whichever results in the higher commencing salary):

1. subdivision 1–1,
2. subdivision 1–2 where the paraprofessional has an approved degree or diploma,
3. the current equivalent of the salary subdivision received by the employee on the last day of their most recent period of prior employment. Provided that where the salary in the prior employment in the teaching service was determined incorrectly or is inconsistent with normal salary progression for a paraprofessional, the paraprofessional’s commencing salary will be determined at salary subdivision 1–1 plus an additional salary sub division for each year of satisfactory prior employment within the paraprofessional class

For the purposes of calculating the commencing salary of a paraprofessional prior employment means periods of employment as an employee in Victorian government schools, other than casual employment, without any break in employment exceeding 12 months.

With the exception of paraprofessional level 1 salary range 1, salary on commencement of employment as a paraprofessional will be the minimum salary specified for the appropriate salary range.

A paraprofessional who, subsequent to employment, becomes a registered teacher will be employed as a classroom teacher for the remainder of their period of employment with salary determined as a classroom teacher. The salary determined cannot be less than the paraprofessional’s salary at the time the paraprofessional becomes a registered teacher.

Education support class

The salary on commencement of each new period of employment in the education support class is determined in accordance with (a) or (b) below (whichever results in the higher commencing salary):

1. the minimum salary level applying to the position

2. the current equivalent of the salary subdivision received by the employee on the last day of their most recent period of prior employment provided that:

   (i) where the salary in the prior employment in the teaching service was at a higher classification or salary range, the education support employee’s commencing salary will be determined at the minimum salary subdivision of the relevant salary range plus an additional salary subdivision for each year of satisfactory prior employment at or above the relevant classification or salary range; or

   (ii) where the salary in the prior employment in the teaching service was determined incorrectly or is inconsistent with normal salary progression for an education support class employee, the education support class employee’s commencing salary will be determined at the minimum salary level applying to the position plus an additional salary subdivision for each year of satisfactory prior employment at or above the relevant salary range of the position.

For the purposes of calculating the commencing salary of an education support class employee prior employment means periods of employment as an education support class employee in Victorian government schools, other than casual employment, without any break in employment exceeding 12 months.

Transfer

Transfer is defined as the permanent movement of an ongoing employee from one position to another position in the teaching service with the same or lower attainable maximum salary than the employee’s substantive position. Transfer to a position at a lower classification level or range (where applicable) can only occur with the employee’s consent. Where consent is given the employee will be permanently transferred and paid at the lower level.

On transfer to a position at the same level, an employee will continue to be paid their current salary or the minimum of the classification and range (where applicable) of the position that was advertised whichever is the higher. Unless otherwise determined by the Principal, where the transfer is to another school, the salary of an employee whose progression has been accelerated will be the subdivision that would have applied had acceleration not been approved.

On transfer to a position at a lower classification level or salary range, an employee will be paid the salary determined as if all of the employee’s service at or above that lower classification level or salary range had been at that lower classification level or salary range. The salary determined on transfer to a lower classification level or salary range cannot exceed the maximum salary of that lower classification level or salary range.

Promotion

Promotion is defined as the permanent movement of an ongoing employee from one position to another position in the teaching service with a higher attainable maximum salary than the employee’s substantive position.

On promotion an employee will commence at the minimum remuneration of the position that was advertised. Where prior to the effective date of the promotion the employee has current service (including any higher duties allowance) at or above the minimum salary of the promotion position, the remuneration on promotion will be at that higher level. Where that salary exceeds the maximum salary of the promotion position the salary on promotion will be determined as if all of the employee’s current service at or above the minimum salary of the promotion position had been at that promotion position.

Attraction

In any particular case, the principal may approve a salary for a person on employment, transfer or promotion that is higher than set out in the Remuneration on employment, transfer or promotion chapter, in order to attract that person to a position.

The principal will consider each case on its merits having regard to factors such as:

• the degree of difficulty in attracting a suitable person
• the current salary or remuneration of the person
• opportunities for future salary or remuneration increases
• relativity with the salary or remuneration levels of other employees performing similar duties
• the level of skill, experience and qualifications which the person may possess

The salary determined cannot exceed the maximum remuneration or salary of the classification level and salary range (where applicable) of the position.

Alternatively, a principal may consider using a special payment as an incentive to attract a person to a position in the teacher, paraprofessional or education support class. For more information, please refer to Special Payments.

Principal class salary review

The salary range of an employee in the principal class will be reviewed each year in the context of any changes to the work value of the position, the principal class employee’s performance and any other relevant factors. This review may result in no change, a higher salary within the employee’s current salary range or movement to a higher or lower salary range within the employee’s classification level.

A salary review cannot result in movement to a higher classification level. Movement to a higher classification level may only occur through promotion to an advertised vacancy.

The salary review cannot result in a salary range lower than an employee’s salary range determined on appointment to that position. In the case of a principal, the review cannot result in a salary range lower than the salary range determined by the school's confirmed Student Resource Package.

Salary on movement to a higher salary range following a salary review is set at the minimum of the higher salary range. Where the employee had been in receipt of salary at or above the minimum salary of the higher salary range, the salary on movement to the higher salary range will be determined as if all of the employee’s service at or above the minimum salary of the higher position had been at that higher salary range.

Salary on movement to a lower salary range following a salary review is determined as if all of the employee’s service at or above that lower salary range had been at that lower salary range.

Education support and paraprofessional class — salary range review

The salary range of an education support class employee or a paraprofessional may be reviewed at any time in the context of any changes to the work value of a position and the performance of the employee. The review may be initiated by either the principal or the employee in writing and, where practicable, the employee will be advised of the outcome of the review within 28 days of initiation of the review. Factors that may be taken into account include:

• the duties and responsibilities required of the position compared with the Dimensions of Work for the education support class or the roles and responsibilities – Nurse as appropriate,
• the key elements of change in the duties and responsibilities where change has occurred, and
• the performance of the employee

Where the employee requests a range review the principal will review the employee’s salary range having regard to the factors identified above and any relevant information provided by the employee.

Where the principal initiates a range review the employee should be invited to comment and provide any information the employee considers relevant. The principal will conduct the review, having regard to the factors identified above and any information provided by the employee.

Once the review has been conducted the principal must advise the employee, in writing, of their preliminary view and provide the employee with an opportunity to respond. Following consideration of any response made by the employee the principal will determine the matter and advise the employee of the outcome in writing within 28 days of initiation of the review, where practicable.

A salary range review may result in movement to either a higher or lower salary range within the employee’s classification, or no change to the salary range. Where movement to a higher or lower salary range is determined, the employee is to be provided with an updated list of duties and responsibilities required of the position. The outcome of such a review cannot result in movement to a salary range below the employee’s salary range on appointment to that position.

A salary range review cannot result in movement to a higher classification level (i.e. movement between education support class level 1 and level 2). Movement to a higher classification level may only occur through promotion to an advertised vacancy.

Salary on movement to a higher salary range within a classification level following a salary range review is set at the minimum of the higher salary range. Where the employee had been in receipt of salary at or above the minimum salary of the higher salary range, the salary on movement to the higher salary range will be determined as if all of the employee’s service at or above the minimum salary of the higher salary range had been at that higher salary range.

Where the salary range review results in a higher salary range, the effective date of the movement to the higher salary range will be on and from the first pay period after the date of the employee’s application for review, or the date the employee was directed to undertake the duties of the higher range whichever is the earlier.

Salary on movement to a lower salary range following a salary range review is determined as if all of the employee’s service at or above that lower salary range had been at that lower salary range.

Remuneration or salary on expiry of contract or tenure

The principal class Principal Contract Renewal Guidelines provide information regarding the salary range of a principal class employee on the expiry or termination of their contract of employment.

Where a principal class employee’s contract is terminated or expires, the principal (with respect to an assistant principal) or the Regional Director (with respect to a principal) may direct the employee to carry out any of the duties of a position in the principal class for up to 12 months without that employee entering a further contract. Where this occurs the employee is entitled to receive the salary that applied to that employee’s former position.

The Leading Teachers and Learning Specialists Renewal Guidelines provide information regarding the salary of a leading teacher or learning specialist on the termination or expiry of the teacher’s tenure.

Annual progression

Within the teaching service classifications salary progression is available on 1 May of each year up to the maximum salary of the appropriate salary range. Progression is not automatic and is based on the annual assessment of the employee’s performance and may include the use of relevant data.

The salary progression cycle is common to all employees in the teaching service commencing on 1 May each year and concluding on 30 April in the following year. A performance review will be undertaken at the end of each school year. If an employee is absent on leave at the time of the review, alternative arrangements for the review can be agreed.

The Victorian Government Schools Agreement 2022 provides that the number of eligible employees who progress through their respective salary scales will be determined solely on the basis of their performance and development assessment and the employer will not impose a quota on the number of employees who can progress in any year. With the exception of clause 13(3)(g), no lump sum payment will be made to any employee as a result of the performance and development assessment.

Eligible service

An employee with 6 or more months’ eligible service at or above a particular subdivision in any particular progression cycle is eligible for progression. Eligible service includes all periods of:

• duty including any period(s) the employee is in receipt of a higher duties allowance,
• paid leave,
• unpaid leave that have been approved to count as service,
• for classroom teachers approved teaching experience (as set out above) undertaken during a period of leave without pay subject to the provision of a statement of service

An employee promoted within the 6 month period prior to 1 May is not eligible for progression in that year. However, where the employee had been in receipt of higher duties at or above the promotion level within that year’s performance cycle that higher duties period will be included as eligible service.

Notification of non-progression

An employee progressing through their salary range who is assessed as not meeting the requirements for progression will not progress in that year. Provided that the employee (other than an executive or principal class employee) has been notified in writing before 1 March of:

• the standards of performance that are expected,
• the areas of the employee’s performance that do not meet the required standards, and
• the consequences of continued or repeated failure to meet these standards, and

given the opportunity to enable improvement in performance to the required standard.

Where the performance of an employee commencing a period of extended leave or changing schools is not considered satisfactory the principal should provide that employee with the notice set out above prior to the commencement of leave or movement to the other school.

An employee who is the subject of unsatisfactory performance procedures is not eligible for salary or remuneration progression provided that employee (other than an executive or principal class employee) is provided with the notice set out above before 1 March.

Progression for all eligible employees is processed centrally on the payroll except for those employees who have been provided with notice as set out above and are assessed as not meeting the requirements for progression.

Higher duties

An employee acting in a higher position may be paid higher duties to the next subdivision of the higher position (in addition to progression at their substantive level if not at the maximum) on 1 May provided the employee has at least 6 months’ eligible service at or above the salary level of that higher position and a satisfactory performance assessment at the higher level.

First year teachers

Teachers who commence their first employment at subdivision 1–1 after 1 November in any performance cycle are not eligible for progression in that cycle and will be paid a lump sum on progression to subdivision 1–2 in the following cycle in accordance with clause 13(3)(g) of the Victorian Government Schools Agreement 2022.

Accelerated progression

An employee may be considered for accelerated progression within their school as set out below.

Accelerated progression would not ordinarily be considered as the annual performance arrangements already recognise movement within a salary range. Where the principal is of the view that an employee is performing well above normal expectations acceleration within a salary range (or classification with respect to classroom teachers) may be considered. A decision to approve accelerated salary progression can only arise as an outcome of the performance and development process. Any acceleration will have effect from 1 May of the relevant performance and development cycle.

Where accelerated progression is approved, it is confined to the school in which it is granted. That is, should an employee change schools the employee’s salary will be that which it would have been had the accelerated progression not occurred, unless otherwise determined by the Principal.

Retention

Where retention is a concern a principal may consider approving accelerated salary progression. In determining whether to approve accelerated salary progression to retain an employee the principal should have regard to factors such as:

• the risk of the staff member leaving the teaching service,
• the degree of difficulty in replacing the employee,
• the current salary or remuneration of the employee,
• opportunities for future salary or remuneration increases,
• relativity with the salary or remuneration levels of other employees performing similar duties,
• the level of skill, experience and qualifications which the employee may possess

Where the principal decides to accelerate an employee’s salary to retain that employee, the higher salary will have effect from the date determined by the principal which generally will be the commencement of the 1st pay period on or after the date of the decision.

Alternatively the principal may consider using a special payment as an incentive to retain an employee in the teacher, paraprofessional or education support class. For more information, please refer to Special Payments.

Determining remuneration or salary in exceptional circumstances

In circumstances where a principal wishes to offer salary to an employee other than as set out in the previous sections, a request setting out the circumstances which warrant such a payment should be forwarded to the Executive Director, Schools Human Resources Division, for consideration.

The salary determined cannot exceed the maximum remuneration or salary of the classification level and salary range (where applicable) of the position.

Retention of documentation

All documentation in relation to decisions on an employee’s salary arrangements should be placed on the employee’s personnel file with a copy of the record of decision provided to the employee.

Salary underpayments

An employee (or former employee) who considers they have been underpaid may request a salary review. Where it is established that an underpayment has occurred, consistent with the Fair Work Act 2009 (Cth), the employee (or former employee) will be paid arrears for any underpayments that occurred in the 6 years prior to the date the salary review was requested.

The school(s) or work location where the employee (or former employee) was employed at the time the underpayment occurred is responsible for meeting the cost of any retrospective salary payments that are made.

Salary overpayments

The management and recovery of overpayments is undertaken consistent with the relevant legislative provisions. Information about the management and recovery of Overpayments is available on the Schools Policy and Advisory Library.

Principal Class employees who are members of a Defined Benefit Scheme

Employees in the principal class who are members of a defined benefits scheme will continue to be paid a total remuneration package. The difference between a total remuneration package and a salary package relates to the cost of employer superannuation that is included within a total remuneration package but excluded from a salary package. This difference can be illustrated as follows:

The total remuneration package for the principal class employees in a defined benefit scheme includes:

• cash salary
• the amount paid by the Department as the employer contribution to a statutory superannuation fund or other complying superannuation fund on behalf of the individual
• any optional benefits the individual may have elected to include in the remuneration package such as a novated lease vehicle

Superannuation

Where a principal class employee is a member of a defined benefits superannuation scheme, the employer is required to make contributions in line with the relevant legislation.

Salary for superannuation purposes (statutory schemes)

With the exception of employees in the executive or principal class, the salary of an employee who is a member of one of the defined benefit schemes (Revised, New or SERB) is their salary for superannuation purposes.

Employees in the principal class who are members of one of the defined benefit schemes shall have their salary for superannuation purposes determined as follows:

• members of the Revised Scheme and the SERB Scheme will have a maximum of 82.3% of their total remuneration package recognised by the Emergency Services and State Super Board as salary for superannuation purposes
• members of the New Scheme will have a maximum of 90.9% of their total remuneration package recognised by the Emergency Services and State Super Board as salary for superannuation purposes

Resources

Procedures and forms

• Commencement Salary Calculator for Classroom Teachers
• Salary Progression Administration Procedures (Word)
• Salary Range Review Procedures (Word)