Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award [2004] NSWIRComm 114

Industrial Relations Commission of New South Wales

CITATION : Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award [2004] NSWIRComm 114 APPLICANT New South Wales Teachers Federation

RESPONDENT PARTIES : Department of Education and Training TAFE New South Wales

INTERVENOR Minister for Industrial Relations FILE NUMBER: IRC3749 of 2003 CORAM: Wright J President; Walton J Vice-President; Boland J; Grayson DP; McLeay C CATCHWORDS : Award - application for increased rates of pay and allowances - teachers in schools and TAFE and related employees - interim relief granted - special case - relevant principles for special cases - quality, productivity and efficiency - shortage of labour - Vinson Report - relativities - finding of special case - work value - work value principle considered - changes to curriculum - finding of significant net addition to teachers' work - inherent requirements of job - professional role of teachers - already partially compensated for changes in work value - ameliorating factors - economic considerations - public interest - variation to award rates approved - work value considerations in government schools and TAFE considered separately - different conclusions in government schools and TAFE - averaging - Year Adviser allowance extended and increased - future salary claims for promotional positions in Leave Reserve clause - No Further Claims clause amended Child Protection (Prohibited Employment) Act 1998 Children and Young People (Care and Protection) Act 1988 Commission for Children and Young People Act 1998 Education Act 1990 LEGISLATION CITED : General Government Debt Elimination Act 1995 Industrial Relations Act 1996 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Occupational Health and Safety Regulations 2001 Crown Employees (Administrative and Clerical Officers) (State) Award and other Awards (No 2) (1993) 52 IR 243 Crown Employees (Teachers) Award (1964) AR 463 Crown Employees (Teachers) Awards [1980] AR 910 Crown Employees (Teachers) Awards Reference [1981] AR 217 Crown Employees (Teachers - Department of Education) Award (1970) AR 345 Crown Employees (Teachers, Department of Education) Award (1973) AR 742 Crown Employees (Teachers, Department of Education) Award (1974) AR 610 Crown Employees, Teachers, Departments of Education and Technical and Further Education [1980] AR 127 Crown Employees (Teachers and Related Employees - Technical and Further Education Teaching Service) Salaries and Conditions Award (unreported, IRC 1619 of 1989, Fisher P, Bauer and Hungerford JJ, 7 August 1991) Crown Employees (Teachers, Education Teaching Services) Award (unreported, IRC 566 of 1989, Fisher P, Bauer & Hungerford JJ, 12 September 1991) CASES CITED : Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award [2003] NSWIRComm 479 Health and Community Employees Psychologists (State) Award (2001) 109 IR 458 Health Employees Pharmacists (State) Award and other Awards [2003] NSWIRComm 453 Medical Officers - Hospital Specialists (State) Award & Other Awards (1990) 33 IR 79 Pastoral Industry (State) Award Re (2000) 104 IR 168 Public Hospital Nurses (State) Award (No 3) (2002) 121 IR 28 Public Hospital Nurses (State) Award (No 4) [2003] NSWIRComm 442 State Wage Case August 1989 (1989) 30 IR 107 State Wage Case 2003 (2003) 121 IR 446 Teachers (Non-Government) Pre Schools (State) Award and Another Award (2001) 120 IR 3 Teachers (Non-Government Schools) (State) Award and Other Awards (unreported, IRC 161 of 1990, Fisher P, Sweeney J and Varnum DP 17 August 1990) HEARING DATES: 08/08/2003; 09/11/2003; 09/23/2003; 09/24/2003; 09/25/2003; 09/26/2003; 10/16/2003; 10/17/2003; 10/21/2003; 10/22/2003; 10/22/2003; 10/28/2003; 10/29/2003; 10/30/2003; 11/03/2003; 11/04/2003; 11/05/2003; 11/17/2003; 11/18/2003; 11/19/2003; 11/20/2003; 11/24/2003; 11/25/2003; 11/26/2003; 11/27/2003; 11/28/2003; 12/16/2003; 12/17/2003; 12/18/2003; 05/20/2004 DATE OF JUDGMENT: 06/09/2004