School merger
Principal class
The following arrangements apply to substantive members of the principal class in the existing schools.
Prior to the date of merger
Normal contract renewal arrangements apply in those cases where the existing principal class employee’s contract is due to expire prior to the date of the merger. Any vacant principal class position may be filled on a higher duties basis.
From the date of merger
All employees in the principal class as at the date of merger become part of the workforce profile of the new entity under the direction of the principal of the new entity and, excluding the duties to be performed, with the same terms and conditions for the duration of their existing contract or 2 years, whichever is greater.
Where a school merges, the position occupied by the substantive principal is abolished and the contract of employment is terminated under the terms of subclause 9.1(b) of the principal class contract. In these circumstances the principal will be offered a liaison principal contract on the same terms and conditions for the duration of their existing contract or 2 years, whichever is greater. The principal of the new entity should contact the People Division (refer to 'Contact information' on the Overview tab) to arrange the preparation of the liaison principal contract offer.
Leading teachers or learning specialists
The following arrangements apply to substantive leading teachers or learning specialists in the existing schools.
Prior to the date of merger
Normal tenure renewal arrangements apply in those cases where the leading teacher’s or learning specialist’s tenure is due to expire prior to the date of merger. Any vacant leading teacher or learning specialist position may be filled on a higher duties basis.
From the date of merger
As at the date of the merger all leading teachers or learning specialists become part of the workforce profile of the new entity under the direction of the principal of the new entity. Excluding the duties to be performed, a leading teacher’s or learning specialist’s terms and conditions of employment including tenure are unchanged. Normal tenure renewal procedures apply.
The leadership requirements of the new entity beyond the date of merger are determined in accordance with the normal workforce planning requirements.
Ongoing employees – classroom teachers and education support class
Classroom teachers and employees in the education support class employed ongoing as at the date of the merger become part of the workforce profile of the new entity with the same terms and conditions and under the direction of the principal of the new entity.
Fixed term employees – classroom teachers and education support class
The following arrangements apply to classroom teachers and employees in the education support class employed fixed term in the existing schools.
Prior to the date of merger
Normal fixed term arrangements apply in those cases where the existing periods of fixed term are due to expire prior to the date of merger. Any vacant fixed term position may be filled up to the date of merger.
Under the terms of the Victorian Government Schools Agreement 2022, an employee in the education support class who commences employment in a fixed term position following a previous period of fixed term employment is entitled to redeployment status for a minimum period of 12 weeks prior to the expiration of the fixed period of employment. The employee must be interviewed for any positions for which they are an applicant in that 12 week period.
Any fixed term teacher who has been employed continuously for 12 months or more in 2 or more fixed periods will be accorded the same redeployment rights as education support class employees. In addition, employees employed for more than 2 years in 1 fixed period will be afforded these redeployment rights.
The redeployment rights of fixed term employees under the Victorian Government Schools Agreement 2022 or this policy will commence from the date the Minister approves the merger until the date of merger or 12 weeks prior to the conclusion of the fixed term position (whichever is greater).
Employees will be given the opportunity to express interest in being supported to find alternative employment in other schools or organisations. The support to be provided may include professional resume writing assistance and interview training. The schools will work with the regional office to identify opportunities that may be available.
To ensure any eligible fixed term employees are afforded redeployment rights at the earliest opportunity, the names of any eligible fixed term employees should be emailed to Schools Recruitment Unit on schools.recruitment@education.vic.gov.au as soon as the Minister has approved the school merger.
From the date of merger
All fixed term employees as at the date of merger become part of the workforce profile of the new entity with the same terms and conditions and under the direction of the principal of the new entity. Normal fixed term arrangements apply.
Staff absent on long term leave or temporary transfer
An employee who is absent from the school on leave or temporary transfer to another school or location at the date of the merger becomes part of the workforce profile of the new entity under the direction of the principal of the new entity and with the same terms and conditions.
Excess staff, gainful employment and re-training
From the date of the merger, staff of the new entity will not be declared excess for 2 years from the date of the merger as a direct consequence of the merger. The principal of the new entity can however identify employees as excess for reasons not related to the merger in accordance with the management of excess procedures. An employee who considers they have been named as excess for a reason directly related to the merger may lodge a grievance with the Merit Protection Boards and include a breach of this policy as a ground for review.
The principal of the new entity has an obligation to ensure that any excess employees are provided with gainful employment prior to redeployment. For teachers this includes, but is not limited to, rostered teaching duties, team teaching, replacement classes, extras and supervisory duty.
Retraining of any excess employees may enhance their redeployment prospects. This may take the form of on-the-job training but could include, in some cases, the undertaking of a short course to provide new skills or update existing ones.
The focus of retraining should be to enhance the redeployment prospects of the employee.
Workforce planning
The new entity will develop a sustainable workforce plan, taking account of the anticipated student enrolment, available budget and expected staffing attrition. If required, the Department will provide management and, or financial support in relation to deficit management in line with the principles relating to workforce bridging.
The funding model will be based on student learning needs and be consistent with the principles underpinning the Department’s funding model.
Prior to the establishment of the new entity workforce planning projections should be undertaken at the earliest opportunity. This will reduce the risk of excess staff and deficit situations.
Reviewed 10 October 2022
