ClassTime Contract

ClassTime Contract –Teachers, Teaching
Assistants and Early Childhood Educators
ClassTime Pty Ltd Suite 3/8 Manning Road,
Double Bay, NSW, 2028 ABN: 57 618 909 336

By registering with ClassTime you are agreeing to this contract.
Casual employment bookings means employment bookings on a day-to-day basis for a period of not more than four consecutive weeks, or four consecutive term weeks in the case of a teacher in a school or preschool. A casual engagement may be extended by agreement between the teacher and ClassTime (ABN: 57 618 909 336) provided the total period of the engagement does not exceed one school term in the case of teachers in a school or preschool.

Dear ClassTime Educator,
I am pleased to offer you the opportunity to accept casual bookings as a teacher/ teaching assistant/ early childhood educator through the ClassTime. Each engagement will be a separate period of employment.
1. Position and Term
1.1 This agreement commences on the date of approval to become an active ClassTime job seeker, continuing for 12 months after this date and automatically renews annually unless otherwise advised.

1.2 As a casual job seeker, there is no guarantee of ongoing or regular work. Work may or may not be offered to you from time to time at the discretion of the School.

1.3 The duties of this role are in the duty statement. On each occasion that you work you will be required to perform these duties and any other duties the School may assign to you, having regard to your skills training and experience. The School may change those duties from engagement to engagement.

1.4 You will be required to perform your duties at the school you have been employed at, or elsewhere as reasonably directed by the School, such as an excursion.

1.5 An engagement may be terminated in accordance with paragraph 6, Termination of Employment, of this letter and no further engagements may be offered as a result.

2. Your Duties
2.1 In all matters concerning your engagement, you will be responsible to ClassTime and the Principal. However, the Principal may delegate his/her authority and duties from time to time to another senior staff member. You may be required to report to the Principal’s delegate.

2.2 ClassTime, the Principal and/or the Principal’s delegate will determine your duties, including the classes that you will be required to teach on each engagement.

2.3 In addition to face to face teaching you will have other duties, including for example playground and bus/car line duties, sports duties, attending school camps and excursions (including overnight excursions), open days, parent/teacher nights and staff meetings, administration and assembly duties, participation in extra curricular programme, professional development activities and any other duties the school requires.

2.4 Taking part in School community activities will involve you in the application of discipline, participation in the School’s programme for spiritual and pastoral care and various other duties. Some of the duties may need to be performed at times outside of normal classroom teaching hours, including during non term time, on weekends or public holidays. School hours for a full day are 8am- 4pm and half days are as follows-morning-8am-12noon; afternoon 12noon-4pm.

2.5 During any engagement by ClassTime you must:
(a) devote the whole of your time during your hours of work for the School to your duties to the School;
(b) serve the School faithfully and diligently to the best of your ability;
(c) act in the School’s best interests; including following the approved dress code of- no facial jewellery to be worn apart from a small stud, no singlet tops, no denim, no midriff clothing, no short shorts, dresses or skirts and no thong shoes. Teachers are to dress in smart casual professional attire.
(d) support the School and conduct yourself in a way which is consistent with the ethos of the School;
(e) comply with all directions of the School;
(f) not conduct yourself in a manner inconsistent with your obligations under this Agreement;
(g) comply with all law applicable to your position and the duties assigned to you;
and
(h) disclose if you engage in or intend to engage in any other employment or business (paid or unpaid) to ClassTime.

2.6 If at any time, you become aware of or suspect any unlawful act or omission by any staff member of the School, you must advise the School immediately and ClassTime.

3. Applicable Industrial Instrument
3.1 Some of your terms and conditions of employment may be regulated by an industrial instrument and other applicable legislation. The terms and conditions will fall under the industrial instrument and legislation applicable to the booking school.
Applicable legislations includes, but is not limited to, the National Employment Standards in the Fair Work Act 2009 (Cth). Neither the Industrial Instrument nor any applicable legislation are incorporated into your contract of employment. You should also appreciate that the Industrial Instrument may be varied or replaced, or may cease to apply.

3.2 You and ClassTime agree that, as far as possible, your casual rate will be determined by the school.

4. Classification and Salary
4.1a On the basis of information provided by you as to your qualifications and teaching service, as at the date of this letter, the school will be advised as to your accreditation level as a band 1 or band 2 casual teacher under the Industrial Instrument

4.1b On the basis of information provided by you as to your qualifications and teaching service, as at the date of this letter, the school will be advised as to your certification level as Cert III or other recognised qualification as an early childhood educator or teaching assistant under the Industrial Instrument

4.2 Your salary will vary depending on the school and their pay
structure

4.3 Any allowances that you may become entitled to an allowance under the Industrial Instrument, that allowance may be absorbed into any payment that is above the applicable rate provided in the Industrial Instrument.

5. Manner of Payment of Salary
5.1 The school will pay any monies due to you for work performed through their own payroll system. ClassTime
will not deduct any amount from the job seeker.

6. Suspension or Termination of Employment
6.1 Your engagement ends at the end of every
booking.

6.2 You are not entitled to notice or payment in lieu thereof ClassTime decides to terminate an engagement.

6.3 In this letter:
(a) ‘Clearance’ means an employee Working with Children Check application that has been verified by the School with the Office of the Children’s Guardian in accordance with the Child Protection (Working with Children) Act 2012 (NSW) (WWC Act)1 and clearance
provided;
(b) ‘Disqualified person’ means a person disqualified under the WWC Act from holding a Clearance, because the person has been convicted of, or against whom proceedings
have been commenced for, a disqualifying offence. A list of disqualifying offences is at
Item 1 of Schedule 2 of the WWC Act.

6.4 Casual bookings may no longer be offered and/or an engagement may be terminated by ClassTime at any time:
(a) if you are subject to a bar from engaging in child-related work from the Office of the Children’s NSW Guardian or any other child-related employment screening agency as is in operation from time to time. This includes where:
(i) you are a Disqualified Person; or (ii) you have
been refused a Clearance; or (iii) your Clearance
has been cancelled; or (iv) you are subject to an
interim bar; or
(b) if you are the subject of a risk assessment in accordance with the WWC Act;
or
(c) if you fail, refuse or are unable to or falsely provide the undertaking in relation to Child Protection (Child Protection Undertaking) which is paragraph 11.1 of this letter at any time during your employment; or
(d) if you are involved in serious misconduct, including, without limitation:
(i) wilful or deliberate behaviour by you that is inconsistent with the continuation of the
contract of employment; or (ii) conduct that causes imminent, or serious, risk to:
(A) the health or safety of a person; or (B) the reputation or viability of the School; or
(iii) in the course of your employment, engaging in theft, fraud or assault; or (iv)
being intoxicated at work; or (v) refusing to carry out a lawful and reasonable
instruction; or
(e) for incompetence, misrepresentation, neglect of duty or other misconduct; or
(f) if you do not hold or continue to hold a valid and current registration to be able to
teach;
and/or
(g) if you breach any material provision of this letter.

6.5 ClassTime reserves the right to suspend, block and or to no longer offer you casual bookings at any time for any reasonable reason. This is in no way limited by paragraph 6.4

6.6 On the termination of each engagement:
(a) you may authorise ClassTime to deduct any amounts you owe ClassTime against any amounts ClassTime owes you at the date of termination. If you decline to authorise the deduction, either in full or in part, any remaining outstanding amount owing becomes a debt due that may be pursued by ClassTime;
(b) you must return all the School’s and ClassTime’s property to the School and ClassTime on termination; and
(c) you must provide any password, security access codes or other information used by you in the course of your engagement.

6.7 This paragraph 6 prevails over the remainder of the agreement set out in this letter and is not limited by any other provision of the agreement (including implied terms).

7. Conditions Precedent for Employment
7.1 Any period of engagement with ClassTime will be conditional upon:
(a) your compliance with mandatory accreditation requirements as required under the Institute of Teachers Act 2004 (NSW); and
(b) you satisfactorily obtaining and maintaining a valid Clearance, at all times and any other forms that may be required from time to time for the purpose of fulfilling the School’s obligations under the WWC Act (as amended or replaced from time to time), and any other applicable legislation dealing with child protection.

8. Monitoring of Information Technology
8.1 ClassTime and the School notifies you that it carries out ongoing, intermittent surveillance of the use of computer and other electronic and communications systems by employees – including emails, internet and files (including files stored on employees’ work computers).

8.2 The surveillance is carried out by all means available to ClassTime and the School which may include:
(a) accessing employees’ email account oemails;
(b) accessing files and other information contained on employees’ computers, storage devices or communications devices;
(c) accessing records of internet usage by employees (including sites and pages visited, files downloaded, video and audio files accessed and data input); and
(d) use of monitoring, logging and automatic alerting software and other specialised
software.

8.3 You agree that this surveillance will commence on the date of your first casual engagement under this agreement.

9. Child Protection
9.1 By accepting this letter, you undertake and warrant to the School that
you:
(a) hold a current and valid WWC Clearance and are not subject to a bar or interim bar; (b) are not a Disqualified Person;
(c) are not subject to any Assessment Requirement Triggers;
(d) have not had any previous employment or engagement Nationally or Internationally, in any capacity (paid or unpaid), terminated on the grounds or for any reasons that you engaged in any Reportable Conduct and/or sex offence or any misconduct that may involve Reportable Conduct and/or a sex offence;
(e) have not retired or resigned from any previous employment or engagement (paid or unpaid), Nationally or Internationally, following allegations that you engaged in any Reportable Conduct and/or sex offence or any misconduct that may involve Reportable Conduct and/or a sex offence;
(f) are not currently and have never been charged with a sex offence Nationally or Internationally;
(g) have disclosed any previous allegations, Nationally or Internationally, that may involve Reportable Conduct;
(h) are not currently the subject of allegations Nationally or Internationally that you engaged in Reportable Conduct and/or sex offence or any misconduct that may involve Reportable Conduct and/or a sex offence;
(i) have disclosed any and all details of being the subject of allegations or inquiries involving a sex offence;
(j) will not engage in any Reportable Conduct and/or sex offence;
and
(j) have not been the subject of proceedings commenced for any of the offences specified in Item 1(3) of Schedule 1 of the WWC Act (whatever the outcome of those proceedings).
(k) ‘Assessment Requirement Trigger’ means an offence or finding of misconduct involving children, as defined in Schedule 1 of the WWC Act or any other relevant Act.
(l) ‘Reportable Conduct’means:
(i) any sexual offence, or sexual misconduct, committed against, with or in the presence of a child (including grooming of a child, child pornography offences or an offence involving child abuse material);
(ii) any assault, ill treatment or neglect of a child; or
(iii) any behaviour that causes psychological harm to a child, whether or not, in any
case, with the consent of the child.
Reportable Conduct does not extend to:
(iv) conduct that is reasonable for the purposes of the discipline, management or care of children, having regard to the age, maturity, health or other characteristics of the children and to any relevant codes of conduct or professional standards, or
(v) the use of physical force that, in all the circumstances, is trivial or negligible, but only if the matter is to be investigated and the result of the investigation recorded under
workplace employment procedures, or
(vi) conduct of a class or kind exempted from being reportable conduct by the Ombudsman, except where there is an alleged pattern or repeated instances of such conduct.
Note: Examples of conduct that would not constitute “reportable conduct” include (without limitation) touching a child in order to attract a child’s attention, to guide a child or to comfort a distressed child; a school teacher raising his or her voice in order to attract attention or to restore order in the classroom; and conduct that is established to be accidental.

9.2 If you cannot give the Child Protection Undertaking in paragraph 11.1 above, you should not sign the acceptance of this letter of offer. You may, however, wish to speak to ClassTime about this.

9.3 If you give the Child Protection Undertaking in paragraph 11.1 and the undertaking and warranty is not true or accurate, the School may terminate your employment immediately without notice under paragraph 8.5 (c), Termination of Employment.

9.4 After the commencement of this contract (by you accepting the offer set out in this letter):
(a) you must advise ClassTime of any occurrence or event which would prevent you at that time from being able to give an undertaking to the effect of that set out in the Child Protection Undertaking. This includes advising the School if you are ever subject to an interim bar or bar by the Office of Children’s Guardian. If that is the case you are required to provide the School the correspondence provided to you by the Office of the Children’s Guardian outlining the reasons for the interim bar or bar;
(b) ClassTime may at any time require you to give a further undertaking to the effect of that set out in the Child Protection Undertaking.

9.5 If you fail or refuse to do any of the things set out in this paragraph, then ClassTime may terminate your engagement immediately and no further casual employment may be offered.

10. Confidential Information
10.1 ‘Confidential Information’ means all confidential information of which you become aware or generate during the course of your employment, including information regarding ClassTime, students of the School and their families, ideas, know-how, concepts and information whether in writing or otherwise relating in any way to your employment with the School and all other information relating to the School and its affairs and business, fees, student enrolment, financial, marketing or promotional information relating to the School, which is not in the public domain and includes any such information in the School’s power, possession or control concerning or belonging to any other person.

10.2 You must keep confidential all Confidential Information other than Confidential Information that:
(a) you are required to disclose in the course of your duties as an employee of the School; or
(b) you are required by law to disclose.

10.3 You must only use the Confidential Information for the purpose of performing your duties as an employee of the School.

10.4 You must immediately notify the School of any suspected or actual unauthorised use, copying or disclosure of Confidential Information.

10.5 No photographs or videos are to be taken of the children at School or elsewhere. There is to be no posting of any photographs or videos of the School or of the children on any social media channel.

11. Assignment of Intellectual Property Rights
11.1 ‘Intellectual Property Rights’ means all rights, including copyright, in all inventions, models, designs, drawings, plans, software, reports, proposals and other materials created or generated by you (whether alone or with the School, its other employees or contractors) for use by ClassTime;

11.2 Nothing in this clause prevents you from retaining copies of materials produced by you, on the condition that these materials are not used for commercial purposes.

12. Policies and Procedures
12.1 Without limiting paragraph 13, any policies and procedures of ClassTime do not form part of this contract and are not intended to be contractual in nature. You acknowledge that ClassTime may vary or rescind any policies at any time in its absolute discretion.

13. Agreement
13.1 This letter and its attachment:
(a) constitute the entire agreement between the parties;
and
(b) supersede any prior understanding or agreement between the parties and any
prior condition, warranty, indemnity or representation imposed, given or made by a
party.

13.2 Damages for breach of this agreement are not available for personal illness or injury or non- pecuniary loss (including, but not limited to hurt, humiliation, distress and disappointment).

14. ClassTime Appointed Casual, Part-time, Temporary and Permanent Teachers Agreement
14.1 I agree to fully commit to ClassTime’s terms and conditions and I will only accept casual, part-time, temporary and permanent offers from ClassTime Schools through the ClassTime app or the ClassTime leadership team and not via email, text, verbal agreement or any other platform outside of ClassTime.

14.2 I agree to notify ClassTime if I obtain a part-time, temporary or permanent position through a school not registered with ClassTime.

15. Worker’s Compensation Insurance
15.1 ClassTime teachers are covered by the school’s public liability insurance when they are teaching at a ClassTime school. We understand that the school is responsible for their own worker’s compensation cover. ClassTime recommends that teachers have their own personal accident, injury or life insurance cover.
If you wish to accept this offer of casual employment bookings on the terms set out in this letter, please sign and return the attached copy of this letter. Please retain a copy of this document for your own records. This offer is valid for 7 working days from the date of this letter.
Yours sincerely
Sophie Whitehouse
CEO ClassTime
I have read this letter and accept the offer of employment with ClassTime contained in this letter.