The process for enabling DoE fixed term teachers [other than in the Polytechnic who come under Commissioner’s Direction no.1 provisions –Employment in the State Service]] with applicable continuous and satisfactory fixed term employment to convert to permanent status [previously known as PRT -Permanent Replacement Teacher], has been reviewed in concert with the new Transfer Agreement and is now subject to a new State Service provision.

This is now operational under a new Commissioner’s Direction [CD] no.15 – Change of Employment Status of a Teacher from Fixed Term to a Permanent Employee – Department of Education. This is an improvement in security of the provision as a Ministerial Direction can be altered unilaterally by the minister of the day. The newly negotiated CD 15 also contains significant improvements for employees as well as resolving a system issue whereby ‘clear substantive vacancies’ which ought to have been filled by substantive permanent appointment were being filled with PRT’s [ Permanent Replacement Teachers].

CD1 governs the conditions of being employed in the State Service including that of conversion from fixed term status to permanent status under certain circumstances, including for those teachers working under the Polytechnic and Skills Institute Teaching Award.. Due to school terms and term breaks some separate consideration for DoE teachers in schools and Colleges has been required, initially through PRT MD15 and now by the new CD15.

This new CD15 is available here on on the Office of the State Service Commissioner’s website www.ossc.tas.gov.au  under Commissioner’s Directions. It is available on the DoE intranet.

A jointly developed AEU /DoE policy guide entitled Assignment of Teacher Duties Policy to provide further clarification to the CD1 attachment should be read in conjunction with the attachment. This is also available on the DOE Intranet. This especially provides more information on eligibility and allowable breaks, late starts, and case by case consideration and review processes.

The eligibility criteria for such conversion remain essentially unchanged from PRT, MD15 provisions. 6 continuous and satisfactory terms employment on fixed term continues to be the mark with some allowance for term 1 staffing take up time and census related arrangements. Breaks in continuity will still make fixed term teachers ineligible in most circumstances however review options are now formally incorporated in the new process –it is important that anyone seeking review do so while still an employee not after the expiration of the contract. As such notification processes for the employer are now formalised also in the process.

While this new process and PRT MD 15 before it, has caused some membership angst re making the 6 terms mark for eligibility, it must be remembered that it is as process that kicks in if and when this point is reached. Fixed term appointments are precisely that –for fixed terms, with no guarantee of ongoing employment. Some continuous fixed term employment of less than 6 terms in not a conveyor belt to get to the 6 terms and hence conversion.

The most significant change from the PRT MD15 process is that eligible employees, at the point of conversion or any time in the 4 year period after, can be offered a clear substantive vacancy if a suitable match exists rather than being assigned to the PPRT [now to be Flexible Teaching Pool –FTP].

The new process is being implemented via regional Learning Services in readiness for 2012 staffing placements.

As well as  ‘conversion’ processes via this new MD 15 and general MD 1 provisions for State Service Employees, fixed term teachers [and other education workers] are also able to achieve permanent employment through successful application to advertised permanent vacancies. All fixed term members are advised to keep informed of such advertised positions via the Government Gazette and jobs website.