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TAFE Teacher Conversion Process

Background

Swinburne along with all other TAFE Institutes and Dual Sector Universities will experience a new VET operating environment in 2011 when full contestability is applied to our business. The funding model of which we operate is now market demand driven and as such decisions that have a financial impact will need to be fully justified on a business needs basis. This means that any consideration and decision to convert contract to ongoing staff will be made on a business needs basis of the teaching area requesting the conversion.

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Victorian TAFE Teaching Staff Multi-Business Agreement 2009 ("the MBA")

Clause 12.3 of the MBA provides that teachers who have had two or more years of continuous fixed term service, or are engaged on a second or subsequent fixed term contract of employment may apply for conversion to ongoing employment and the Employer shall not unreasonably reject such an application. 

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Application Process

In order to apply for conversion, Teachers must complete a two stage process which is done via the A13 TAFE Teacher Application for Conversion to Ongoing Employment Form.

A13 TAFE Teacher Application for Conversion to Ongoing Employment Form. 

The application process is as follows:

Step 1. The Teacher is to seek endorsement from their Manager to proceed with an application for conversion. The Department Manager and Director of Learning will make a decision on the business needs and financial capacity of the program delivery area concerned based on the following criteria:

  • There is sufficient Student Contact Hours (SCH) and/or revenue and surplus in the program delivery area to support the application
  • There is a sustainable level of market demand to support this application based on a three year projection for the program delivery area
  • There is budget allocation for this position in the program delivery area for  2011
  • In addition, the applicant must not have been subject to any formal Unsatisfactory Work Performance / Conduct process in the last 6 months. 

This part of the process should involve a discussion between the Manager and the applicant so that there is a clear understanding about how the new funding model applies to the Program Delivery Area. Where there is capacity in the Program Delivery Area to enable consideration of an application for conversion and the Department Manager and Director of Learning signs off on the above criteria in section 2 of the A13 Application form. The applicant may then proceed to Step 2 in the application process.

Where there is no capacity based on the criteria above, the applicant will be advised by the Manager within the two week application period, including the reasons for the unsuccessful application.

Step 2. The Teacher completes section 3 of the A12 Application form and must meet the following criteria:

  • The Teacher has completed two or more years of continuous fixed-term service or is engaged on a second or subsequent fixed-term contract.
  • The Teacher has completed a Certificate IV in Training & Assessment or equivalent, and has completed a Diploma of VET Practice or has been deemed to be fully qualified as per the requirements of the MBA. 
  • The Teacher has received written confirmation that their Program Delivery Area has the business need and financial capacity to support the application as per Step 1.
  • The Teacher has vocational competencies relevant to the program delivery area

The Teacher then the Employee Declaration in section 4 and submits their application to their manager.

The Teacher must note that where more applications are received in a particular program delivery area than what there is capacity then a selection interview process will need to proceed. Applicants in this situation will be notified by their Manager at the end of the two week period that they will need to provide a response to the following selection criteria:

  1. Demonstrated excellence or capacity to implement high quality approaches in teaching and assessment, using a variety of learning modes which respond to diverse student learning needs.
  2. Demonstrated experience or capacity to structure learning experiences which develop student’s vocational and generic skills
  3. Demonstrated experience or the capacity to develop and conduct training programs directed to the needs of industry and the community
  4. Demonstrated experience or the capacity to develop learning and assessment resources
  5. Demonstrated commitment to project management as practitioner and educator
  6. Demonstrated practical experience in the field of Project Management within a structured environment, including responsibility for running complex projects
  7. Understanding of current VET policy and developments and innovative approaches to vocational education and training.
The timeframe for the interview process may vary by program delivery area department depending on the current business requirements and the availability of participants.  In some instances it may be appropriate to hold off on conducting the interview process until the early 2011. If this eventuates then those applicants affected will be advised of the delayed timeframe for the interview process.  It is expected that all processes should have been concluded and applicants notified by the end of February at the latest.

An application will follow one of the following paths

Where an applicant has been unsuccessful they may access the appeals process where they believe there has been a procedural irregularity or where they believe that insufficient information has been provided in relation to the decision made by the Department Manager and Director of Learning.

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Appeals Process

As part of the TAFE Teacher Application for Conversion to Ongoing Employment an unsuccessful applicant may appeal to the Director Human Resources in writing where they believe that there has been a procedural irregularity in the application process. Please note that this process is not intended to be used to dispute a department’s position on the business case or financial capacity of the Program Delivery Area provided that there has sufficient information provided to support the decision made by the Department Manager and Director of Learning.
An applicant has fourteen (14) days from the date of notification of the unsuccessful application in which to lodge an appeal with the Director, Human Resources. The Director, Human Resources will determine if an appeal will be considered further.
In the event that the Director, Human Resources does not accept that there are grounds for appeal, the decision will be final.
If the Director, Human Resources believes there are grounds for appeal he/she may either:

  1. Determine that further information be provided to the applicant as why their application was not successful; or
  2. Review the application and may reconvene the selection panel where appropriate; or  
  3. Recommend another course of action which he/she deems necessary in order to resolve the matter
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