Managing requests for temporary transfers and avoiding the MPB

Below are some of the key points from the most recent MPB Newsletter which includes a Case Study related to Temporary Transfers as these are a common basis for grievances, particularly in Term 4.

Temporary Transfers refers to positions “where an on-going employee is the successful applicant for an advertised vacancy of 12 months or less.” 

Grievances related to temporary transfers spike each year in Term 4 as this is when principals conduct most of their workforce planning and recruitment in readiness for the next school year. Several teaching and ES staff may find a transfer request is knocked back as the principal grapples with the difficulties of backfilling. 

Steve Metcalfe, MPB Senior Chairperson, commented that:

 “It’s fair to say that there’s a changed view under the 2022 VGSA and depending on the circumstances, temporary transfers can’t simply be denied otherwise they’ll be overturned down the line.

Temporary transfers are supported by the Department and seen as a legitimate way for teaching staff to engage in a new opportunity for 12 months or less, gaining professional learning and growth while maintaining substantive security.

The current Agreement provides greater clarity on expectations, particularly for transfer requests spanning two school years. These transfers can’t be unreasonably refused.

… if a Temporary Transfer Grievance finds its way from a teaching staff member to the MPB, and it meets criteria in the VGSA and Recruitment Guidelines, we’ll have no option but to uphold it.

If agreement can’t be reached between respective principals, then the MPB starting position will reflect the Department’s clear policy position that release will be at the start of the 2025 school year.”

Updated details in the Recruitment in Schools Guidelines set out the following requirements:

Where an ongoing employee successfully applies for an advertised fixed-term position of 12 months or less at another school, the timing of release will be negotiated between the two principals. 

Where there is no agreement on the timing, 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 release
   
• Release at the commencement of the following year
   
• 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.

(Extract from DE:  Temporary transfer of an ongoing employee)

Mr Metcalfe has stated that such policy made it ‘abundantly clear’ that principals needed to take the lead in negotiating local level solutions that also achieved a win-win outcome.

If you need assistance with an MPB matter, please contact the APF office for support and advice either via phone 0412 584 002 or via email at apf@apf.net.au