Application for Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022 [2022] NSWIRComm 1099

Industrial Relations Commission New South Wales Medium Neutral Citation: Application for Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022 [2022] NSWIRComm 1099 Hearing dates: 12 October 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: Pursuant to s 10 of the Industrial Relations Act 1996, the Commission makes an award to be known as the "Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022" in the form of the Proposed Award, subject to the following: (1) the award will have a nominal term of two years, commencing on 1 January 2022 and expiring on 31 December 2023; (2) as a consequence: (a) clauses 3.1.3, 3.2.3, 3.3.3 and 3.4.3 of the Proposed Award are to be deleted; (b) the reference in cl 38.3 to "31 December 2024" is to be amended to "31 December 2023", and the clause is to be re-numbered 38.2; (c) in the headings for each of Schedules 1A, 1B, 1C, 2B and 3 the references to "2024" are to be replaced with "2023"; (d) in the heading to Schedule 2A the reference to "2020-2022" is to be replaced with "2022-2023"; and (e) the columns in the tables in Schedules 1A, 1B, 1C, 2A, 2B, 3, 4, 5, 6, 7, 8 and 12 that reflect rates payable on or after 1 January 2024 are to be deleted; (2) clause 32 is to be amended to read: Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there are to be no further claims/demands or proceedings instituted by a party to this Award before the NSW Industrial Relations Commission for extra or reduced wages, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 1 January 2024. Pursuant to s 17 of the Industrial Relations Act 1996, the Commission rescinds the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2020. Matter number 2021/00290044 is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – applications for new award – whether new award should be made as opposed to variation of existing award – whether new award should contain a two or three year nominal term – whether new award should contain a no extra claims provision and the terms of such a provision – whether clause relating to teacher performance and development framework should be retained or amended Legislation Cited: Industrial Relations Act 1996 Ch 2 Pt 1, ss 3, 10, 17, 130, 146, 146C, Dictionary Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cll 6, 6A Teacher Accreditation Act 2004 s 19 Cases Cited: Application for Crown Employees (Public Sector - Salaries 2020) Award and Other Matters (No 2) (2020) 301 IR 321; [2020] NSWIRComm 1066 Application for Crown Employees (Public Sector – Salaries 2022) Award [2022] NSWIRComm 1057 Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Department of Education; Application for Crown Employees (School Administrative and Support Staff) Award 2022 [2022] NSWIRComm 1075 Texts Cited: Nil Category: Principal judgment Parties: Secretary of the Department of Education (Applicant) Australian Education Union New South Wales Teachers Federation Branch (Respondent) Independent Education Union of Australia (NSW/ACT Branch) (Intervenor) Representation: Counsel: I Taylor SC with O Fagir (Applicant) S Crawshaw SC with P Boncardo (Respondent) A Howell (Intervenor) Solicitors: Crown Solicitor (Applicant) NEW Law (Respondent) File Number(s): 2021/00290044 and 2021/342993 Publication restriction: No