Preschool Teacher-In-Charge Allowance – Drafting Error Resolution

A drafting error in the Teacher-in-Charge allowance for preschools has been corrected to maintain current entitlements. All parties have agreed to ensure consistent interpretation. Preschool TICs are encouraged to complete this form to clarify their entitlements. Click here for more

Teachers smiling in colourful classroom setting.

We would like to provide an important update regarding the Teacher-in-Charge allowance for preschools, following the recent release of Bulletin 8 from the Commissioner for Public Employment. This bulletin outlined a drafting error in the proposed new Northern Territory Public Sector Educators’ 2024-2027 Enterprise Agreement, which could have impacted entitlements for Preschool Teachers-in-Charge.

What Happened?

During the drafting process, the parties agreed to clarify the Special Allowance provisions, which cover the Teacher-in-Charge allowance for preschools. However, a mistake in the wording inadvertently increased the number of teachers required for certain allowances. Specifically, the clause originally meant to apply to preschools with two or more teachers (Teacher-in-Charge plus one other) was altered to apply to preschools with three or more teachers. Similarly, the clause meant for preschools with one teacher was changed to preschools with two or fewer teachers.

This change could have potentially excluded a number of Preschool Teachers-in-Charge from receiving the allowance, which has caused concern among members.

Our Response and Resolution

After discussions with the Office of the Commissioner for Public Employment (OCPE), the Department of Corporate and Digital Development (DCDD), and the Department of Education, we are pleased to confirm that all parties are committed to rectifying the situation. The intention behind the original changes was to clarify the eligibility for the allowance, not to reduce or restrict entitlements.

If the agreement passes the upcoming ballot, we will work closely with these departments to ensure a common understanding of the correct interpretation of the allowance provisions. Commissioner Hurwood has assured us that she is willing to revert the wording to match current practice, where the allowance applies to preschools with two total teachers (the Teacher-in-Charge and one other). Should the Fair Work Commission not be able to address the issue during the agreement approval process, the Commissioner will issue a determination to maintain the intended allowances.

Next Steps and What You Can Do

Although we have secured the commitment to resolve this issue, it’s important that we gather as much data as possible to ensure that your entitlements are protected. Our data shows that the 2+ teacher allowance is usually applied to settings with two teachers, but this data is based on a small sample size.

We are asking all Preschool Teachers-in-Charge to complete a short form to help us understand what allowances you are currently receiving and how many teachers are in your preschool. This data will strengthen our position and help resolve any remaining inconsistencies in the application of the allowance.

If you haven’t already, please complete the form here: Preschool TIC Form.