Teachers (Non-Government English Colleges) (State) Award [2003] NSWIRComm 20

Industrial Relations Commission of New South Wales

CITATION : Teachers (Non-Government English Colleges) (State) Award [2003] NSWIRComm 20 PARTIES : NSW/ACT Independent Education Union Employers First FILE NUMBER: IRC 4201 of 2001 & IRC 2611 of 2002 CORAM: Grayson DP Application by union for new award - application by employers for new award - wage-fixing principles - special case principle - dormant state award - de facto operation of federal instruments - operation of federal industrial instruments - obligation to ensure award operates fairly and reasonably - weight to be given to consent arrangements - inadvertant oversight - objective distinction between face-to-face tuition and supervision of self-access study - significance of casual employment with non-government English colleges - appropriateness of comparison between actual movements in rates of pay and movements which would otherwise occur by reason of State Wage Case decisions. CATCHWORDS : Held, special case made out - union claim granted in part - employer claim refused - rates of pay increased progressively throughout life of new award - ceiling on experience points raised. Child Protection (Prohibited Employment) Act 1998 LEGISLATION CITED : Commission for Children and Young People Act Industrial Relations Act 1996 Ombudsman Amendment (Child Protection and Community Services) Act Carpenters and Joiners and Bricklayers, Construction (State) Award, Re [1968] AR (NSW) 32) Corrections Health Service Nurses' (State) Award, Re (No 2) (2002) 112 IR 402 Crown Employees (Administrative and Clerical Officers) (State) Award and Other Awards, Re (No 2) (1993) 52 IR 243 Employers First v NSW/ACT Independent Education Union and Another (2002) 115 IR 8 Equal Remuneration Principle, Re (2000) 97 IR 177 Hotel &c Employees (State) Award, Re (2001) 111 IR 393 Metal, Engineering and Associated Industries Award, Re 1998 - Part 1 (2002) 110 IR 247 Operational Ambulance Officers (State) Award, Re (2001) 113 IR 384 CASES CITED : Pastoral Industry (State) Award, Re (2000) 104 IR 168 Public Hospital Nurses (State) Award, Re (2002) 115 IR 183 Social and Community Services Employees (State) Award, Re (2001) 113 IR 119 State Wage Case 1994 (1994) 57 IR 1 State Wage Case 2001 (2001) 104 IR 438 State Wage Case 2002 (2002) 114 IR 81 Teachers (Non Government Pre Schools) (State) Award, Re [2001] NSWIRComm 335 Teachers (Non-Government Schools (State) Award and Other Awards, Re (Unreported, Fisher P, Sweeney, J and Varnum DP, 17 August 1990 Transport Industry (State) Award, Re (1996) 95 IR 126 HEARING DATES: 08/07/2002; 08/09/2002; 08/12/2002; 08/13/2002; 08/14/2002; 08/16/2002; 10/14/2002; 10/28/2002 DATE OF JUDGMENT: 05/09/2003