Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award [2004] NSWIRComm 340

Industrial Relations Commission of New South Wales

CITATION : Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award [2004] NSWIRComm 340 APPLICANT New South Wales Teachers' Federation

RESPONDENT PARTIES : Director-General of the Department of Education and Training New South Wales Technical and Further Education Commission

INTERVENOR Minister for Industrial Relations FILE NUMBER: IRC 3597 of 2003 CORAM: Wright J President; Walton J Vice-President; Boland J; Grayson DP; McLeay C CATCHWORDS : Award - Application to vary - Part time casual teachers employed by TAFE - Rates of pay - Hours of work - Adequacy of hourly rate for teachers that work a significant number of weekly hours over a long period - Jurisdiction - Whether application sought new category of teacher - Responsibilities and duties of part time casual teachers - Need for flexibility in TAFE in respect of engagement and deployment of part time casual teachers - Special case principle - Pay equity - Cost implications of granting application - Findings that inequities exist between the terms and conditions applying to part time casual teachers compared to those fur full time teachers - Parties directed to consider terms of an appropriate award variation based on Commission's findings Annual Holidays Act 1944 Education Commission Act 1980 (Repealed) Government and Related Employees Appeal Tribunal Act 1980 LEGISLATION CITED : Industrial Arbitration Act 1940 (Repealed) Industrial Relations Act 1991 (Repealed) Industrial Relations Act 1996 Public Service Act 1902 (Repealed) Technical and Further Education Commission Act 1990 Clerks (State) Award and other Awards, Re [1959] AR 470 Crown Employees (National Art School) Case, Re [1998] NSWIRC 660 Crown Employees (NSW Fisheries Salaries and Conditions of Employment) Award, Re [2003] NSWIRComm 405 Crown Employees (Part Time Technical Teachers) Award, Re [1951] AR 657 Crown Employees (Teacher - Technical Education - Overtime) Award, Re [1960] AR 29 Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award, Re (2000) 102 IR 202 Crown Employees (Teachers in Schools and TAFE and Related Employees Salaries and Conditions Award, Re [2004] NSWIRComm 114 Crown Teachers (Casual) Award, Re [1983] AR 672 Crown Teachers (Casual) Award, Re (1989) 34 IR 214 Equal Remuneration Principle, Re (2000) 92 IR 177 CASES CITED : Gurnett & Anor v Haines (1985) 16 IR 136 Health and Community Employees Psychologists (State) Award, Re (2001) 109 IR 458 Health Employees Pharmacists (State) Award and other Awards, Re (2003) 132 IR 244 New South Wales Teachers' Federation and Public Service Board - Face to Face Teaching Hours in Technical Colleges, Re [1977] AR 121 NSW TAFE Commission (Teachers and other Educational Staff) Salaries and Conditions Award 1996, Re (1999) 123 IR 360 Pastoral Industry (State) Award, Re (2001) 104 IR 168 Riverina Water County Council Enterprise Award 1998, Re (1999) 87 IR 24 State Wage Case 2003 (2003) 121 IR 446 Teachers - Technical Education Award, Re [1969] AR 29 Teachers (Non-Government) Pre Schools (State) Award, Re (2001) 120 IR 3 Technical Teachers - Hours Case, Re [1977] AR 121 HEARING DATES: 07/14/2003; 09/01/2003; 09/02/2003; 09/05/2003; 09/09/2003; 09/10/2003; 09/17/2003; 09/18/2003; 09/22/2003; 09/23/2003; 09/30/2003; 10/13/2003; 11/03/2003; 12/17/2003; 05/17/2004; 05/20/2004; 05/21/2004; 08/13/2004 DATE OF JUDGMENT: 12/20/2004