education.vic.gov.au

Policy and Guidelines

An employee assigned to a position for which the remuneration prescribed is higher than that applicable to the employee's current position is entitled to be paid a higher duties allowance provided at least one half of the duties of the assigned position are to be performed.

A higher duties assignment would normally be made when a position is vacant for periods of longer than 5 consecutive working days and up to 12 months.

Principals should consult the Regional Director prior to assigning a person to act in an assistant principal vacancy to ensure there are no principal class employees available to act in the position.

A person assigned higher duties in the principal or teacher class must be registered under Part 2.6 of the Education and Training Reform Act 2006. Provided that a person registered as a non-practising teacher under Part 2.6.11 of the Act cannot undertake higher duties in the principal or teacher class.

Where there is work to be performed by an employee that is outside the normal range of duties of the employee’s position and is demonstrably of a higher work value, but does not involve assignment to another position, the principal may approve the payment of a gratuity to the employee.

Alternatively, the principal may approve the payment of a task-related special payment to a teacher, paraprofessional or education support class employee (refer to Special Payments under Related policies).

Selection

Principals are required to use a merit-based selection process for higher duties assignments of more than 3 months that includes inviting expressions of interest from interested staff. The invitation should include details of the position, selection criteria, remuneration, and duration of the assignment. The selection process should be consistent with the requirements set out in the Recruitment in Schools guide including the establishment of a panel.

Payment

The higher duties allowance paid will equal the amount required to raise the employee's remuneration to the minimum salary of the position to which the employee has been assigned, or the remuneration amount the employee would have received had the employee been promoted to the position, whichever is the higher.

Where an employee is assigned the duties of a principal class position, the allowance is calculated as follows:

  • in relation to principal class employees, 90.9% of the difference between the total remuneration specified in their contract of employment and the minimum remuneration of the position to which the employee has been assigned, or
  • in relation to other employees, the higher duties allowance should equal the amount required to raise their remuneration to 90.9% of the minimum remuneration of the position to which the employee has been assigned

Other than where an employee is a member of a defined benefits superannuation fund, the Superannuation Guarantee Contributions that apply to the higher duties allowance will be added to the current superannuation deduction and paid to the employee's superannuation fund.

Note: For a principal position, for higher duties purposes the remuneration range of a position will be:

  • the remuneration range of the incumbent or
  • where the position is vacant, the remuneration range as determined by the Principal Classification Budget

Higher duties assignments commence from the date of taking up duty and cease at the end of the assignment period or the last day of the school year, whichever is the earlier.

A higher duties assignment may be concluded earlier than the end of the assignment period in circumstances where the substantive employee returns to the position prior to the end of the assignment period.

Where an employee is in receipt of a higher duties allowance for at least 1 month immediately prior to the last day of the school year, the employee will be paid the allowance to 31 December of that year. Where the employee is reassigned the duties of that position from the first day of the succeeding school year, the employee will be paid the appropriate higher duties allowance from 1 January of that year.

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 remuneration level of that higher position and satisfactory performance assessment at the higher level.

Payment during periods of leave

Long service leave and paid parental absence

An employee in receipt of a higher duties allowance for a continuous period of 12 months or more immediately prior to commencing long service leave or paid parental absence as provided for in the Victorian Government Schools Agreement 2022 and Ministerial Order 1388 and who would have continued to receive the allowance had they not taken leave, will be paid that allowance during the period of leave.

School vacations

An employee in the principal or teacher class who is assigned higher duties for a period that includes a school vacation period will continue to be paid the allowance during the school vacation period.

Annual leave or additional paid leave

An education support class employee who is in receipt of a higher duties allowance immediately prior to the commencement of annual leave or additional paid leave, will be paid that allowance during the period of leave provided the higher duties would have continued but for the granting of such leave.

Personal leave for illness or injury or workers' compensation leave

An employee in receipt of a higher duties allowance immediately prior to commencing paid personal leave for illness or injury or workers’ compensation leave will be paid in accordance with the following:

  • when an employee receiving a higher duties allowance is absent on personal leave with pay or workers’ compensation leave, they are eligible to continue to receive the allowance for 1 calendar month of the leave, provided it does not extend beyond the expiry date of the assignment period
  • if an employee has been in receipt of a higher duties allowance continuously for a period greater than 12 months immediately prior to commencing personal leave or workers’ compensation leave, they are eligible to receive the allowance for all periods of personal leave with pay or workers’ compensation leave providing it does not extend beyond the expiry date of the assignment period
Policy and Guidelines for Higher Duties — Teaching Service

Reviewed 26 June 2023

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