Transfer and Promotion for Teaching Service

Temporary transfer

School based locations

Where an ongoing employee is the successful applicant for an advertised vacancy of 12 months or less the employee will be temporarily transferred to that position for the period of the vacancy. For the purpose of this policy, '12 months or less' includes circumstances where a complete school year, inclusive of school vacation periods, is longer than 12 months. At the expiration of the fixed period, the employee will return to their original school.

An ongoing employee who is the successful applicant for a fixed term position of more than 12 months (or in the case of a parental absence replacement where the replacement continues beyond 12 months) will be permanently transferred to that school. Provided that where a complete school year, inclusive of all vacation periods, is longer than 12 months, the permanent transfer will not occur.

If the fixed term position is at a higher level the employee will be paid a higher duties allowance for the fixed term period. If the fixed term position is at the same level the employee will be paid their substantive salary. If the fixed term position is at a lower level there is no capacity to temporarily reduce an employee’s substantive level.

Temporary transfer to a lower level position can only occur where the employee consents to reduce their substantive level to the level of the fixed term position. In this case the employee will resume at the base school at the lower substantive level.

Where consent is not given, the transfer of the employee will not proceed.

An ongoing employee currently on leave without pay who is selected for a fixed term position can only take up that position at the expiration of the period of leave or earlier with the approval of the base school principal. In this case consultation between the two principals and the employee involved should occur to ensure that the implications of the temporary transfer are clear. Where approval for an early resumption is given the leave without pay will cease and the employee will be temporarily transferred to the position. At the conclusion of the temporary transfer the employee will resume at their base school. Information about resuming on a temporary basis from parental absence is available at Parental Absence — Teaching Service.

A fixed term employee who has accepted a fixed term position at another school will take up the new position from the advertised date of commencement of the new position or such later date negotiated between the employee and the hiring principal. The new fixed term employment has the effect of terminating the original fixed term employment.

An employee is only eligible for transfer or promotion where they meet the qualification requirements of the position to which they are being promoted or transferred as set out in Recruitment in Schools. Any transfer or promotion is subject to a suitability for child connected work check being conducted.

Release timing

Where an ongoing employee is the successful applicant for an advertised fixed term position at another school, the timing of release will be negotiated between the two principals. Where there is no agreement on the timing of the release, the following will apply:

• Where the release is required in the same year, the principal of the base school may refuse to release the employee where the principal is unable to replace the employee prior to the requested release. Where the position continues into the next school year, release will occur at the commencement of the following year; or
• Where the position was advertised to commence in the next school year, Release will occur at the commencement of the following school year
• For vacancies of 12 months or less, the actual commencement date will need to be negotiated between the respective principals and the successful applicant. The release date should be negotiated to reflect the needs of both schools and the employee and release should not be unreasonably refused.

Where an ongoing employee’s temporary transfer is to be extended (either by appointment to an advertised vacancy or otherwise) the principal of the school must notify the base school principal by 1 November that the transfer is extended. If this does not occur, the employee will return to the base school unless otherwise agreed between the two principals.

Where the principal of the base school does not agree to release the employee, the employee may lodge an application for a personal grievance with the Merit Protection Boards.

Non-school locations

An ongoing teaching service employee who is selected for a fixed term teaching service position of 3 years or less in a non-school department location will be temporarily transferred to that position subject to the base school principal’s agreement to release the employee.

If the fixed term position is at a higher level the employee will be paid a higher duties allowance for the fixed term period. In this case the employee will resume at the base school at the lower substantive level. If the fixed term position is at the same level the employee will be paid their substantive salary.

If the fixed term position is at a lower level there is no capacity to temporarily reduce an employee’s substantive level. Temporary transfer to a lower level position can only occur where the employee consents to permanently reduce their substantive classification to the level of the fixed term position.

For the duration of the temporary transfer, the employee is subject to the terms and conditions of employment that apply to the position.

If the temporary transfer extends beyond 3 years the employee will be permanently transferred to that non-school Department location at their substantive classification and salary or remuneration range. In this case the employee remains in the position until the conclusion of the fixed period. Should the employee subsequently become excess to workforce requirements, the procedures for the management of excess staff apply.

Release timing

Where an ongoing employee is the successful applicant for an advertised fixed term position at a non-school location, the timing of release will be negotiated between the principal and hiring manager. Where there is no agreement on the timing of the release, the following will apply:

• Where the release is required in the same year, the principal of the base school may refuse to release the employee where the principal is unable to replace the employee prior to the requested release. Where the position continues into the next school year, release will occur at the commencement of the following year; or
• Where the position was advertised to commence in the next school year, Release will occur at the commencement of the following school year
• For vacancies of 12 months or less, the actual commencement date will need to be negotiated between the respective principals/managers and the successful applicant. The release date should be negotiated to reflect the needs of both schools/work areas and the employee and release should not be unreasonably refused.

Where an ongoing employee’s temporary transfer is to be extended (either by appointment to an advertised vacancy or otherwise) the manager must notify the base school principal by 1 November that the transfer is extended. If this does not occur, the employee will return to the base school unless otherwise agreed.

Where the principal of the base school does not agree to release the employee, the employee may lodge an application for a personal grievance with the Merit Protection Boards.

John Monash Science School and Centre for Higher Education Studies

An ongoing employee who is the successful applicant for an identified fixed term position of up to 3 years in the Science, Mathematics and associated Technology areas at John Monash Science School, will be temporarily transferred to John Monash Science School for the duration of the vacancy. At the expiration of the fixed period, the employee will return to their base school.

An ongoing employee who is the successful applicant for an identified fixed term position of up to 3 years in the VCE Extended Investigation and VCE Algorithmics subjects at the Centre for Higher Education Studies (CHES), will be temporarily transferred to CHES for the duration of the vacancy. At the expiration of the fixed period, the employee will return to their base school.

Transfer extensions

An ongoing employee, other than an ongoing employee who is the successful applicant for an identified fixed term position at John Monash Science School or the Centre for Higher Education Studies, who is temporarily transferred in response to an advertised fixed term vacancy may be offered one further period of temporary transfer at the same school, without advertisement of the position, provided the base school principal agrees to the further release and the position continues to satisfy the fixed term criteria set out under ‘duration of vacancy’. Where this occurs:

• it can be for the same duration as the initial period of transfer or for any shorter period but not less than 30 working days; and
• the temporary transfer will be extended, and the employee (other than where that employee is excess to workplace requirements) will return to their original school at the expiration of the subsequent fixed period; or
• the employee must be offered permanent transfer to the position if that employee is excess to workplace requirements and the initial and subsequent fixed periods exceed 12 months in total at the same school.

If an ongoing employee is selected for a further advertised fixed term position of 12 months or less at the same school:

• the temporary transfer will be extended and the employee (other than where that employee is excess to workplace requirements) will return to their original school at the expiration of the subsequent fixed period; or
• the employee must be offered permanent transfer to the position if that employee is excess to workplace requirements and the initial and subsequent fixed periods exceed 12 months in total at the same school.