Notification under section 130 by the New South Wales Teachers Federation of a dispute with the Department of Education and Training re casual teacher [2003] NSWIRComm 145

Industrial Relations Commission of New South Wales

CITATION : Notification under section 130 by the New South Wales Teachers Federation of a dispute with the Department of Education and Training re casual teacher [2003] NSWIRComm 145 NEW SOUTH WALES TEACHERS FEDERATION Applicant PARTIES : DIRECTOR-GENERAL DEPARTMENT OF EDUCATION AND TRAINING Respondent FILE NUMBER: IRC 4913 of 2002 CORAM: Schmidt J Industrial Dispute - arbitration - orders sought against employer and screening service provider - notice of motion - question of jurisdiction - construction of section 19 of the Technical and Further Education Act 1990 - construction of Industrial Arbitration Act 1940 - refusal to employ - pre-employment assessment required by Commission for Children and Young People Act 1998 - question of whether industrial matters involved - no jurisdiction - matter dismissed CATCHWORDS : Statutory Interpretation - Industrial Relations Act 1996 - Technical and Further Education Act 1990 - refusal to employ - industrial matter - jurisdiction of New South Wales Industrial Relations Commission Education Commission Act 1980 Child Protection (Prohibited Employment) Act 1998 Commission for Children and Young People Act 1998 Industrial Arbitration Act 1940 LEGISLATION CITED : Industrial Relations Act 1996 Interpretation Act 1987 Public Service Act 1979 Public Sector Management Act 1988 Public Sector Employment and Management Act 2002 Technical and Further Education Commission Act 1990 New South Wales TAFE Commission (Teachers and Other Educational Staff) Salaries and Conditions Award 1996 (unreported, Wright J, President, Schmidt J and McKenna C, 20 May 1999) CASES CITED : Re Cram, Ex parte New South Wales Colliery Proprietors' Association Ltd (1987) 163 CLR 117 State of New South Wales v Paige (2002) 115 IR 283 HEARING DATES: 03/26/2003; 04/07/2003 DATE OF JUDGMENT: 05/09/2003