Community College Principals (New South Wales) Award 2006 [2007] NSWIRComm 84

Industrial Relations Commission of New South Wales

CITATION: Community College Principals (New South Wales) Award 2006 [2007] NSWIRComm 84

PARTIES: APPLICANT NSW Teachers' Federation

FILE NUMBER(S): IRC 3095 of 2006

CORAM: Harrison DP

CATCHWORDS: Application by NSW Teachers' Federation for new award - application unopposed - State Wage Case Wage Fixing Principles - public interest - fair and reasonable conditions of employment - award made.

LEGISLATION CITED: Industrial Relations Act 1996

Community and Evening College Principals Award (Matter No 984 of 1991, 11 June 1992, Bauer J, unreported) State Personal/Carer's Leave Case 1998 (1998) 84 IR 416 CASES CITED: State Wage Case 2006 (2006) 153 IR 264 Marine Motor Drivers Coxswains &c (State) Award [1994] NSWIRComm 57 Re Transport Industry (State) Award (2002) 120 IR 151

HEARING DATES: 2/4/07

DATE OF JUDGMENT: 12 April 2007

EXTEMPORE JUDGMENT DATE: 2 April 2007

APPLICANT Mr A Hatcher of counsel LEGAL REPRESENTATIVES:

RESPONDENTS No appearance

JUDGMENT:

- 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

12 April 2007

Matter No IRC 3095 of 2006

COMMUNITY COLLEGE PRINCIPALS (NEW SOUTH WALES) AWARD 2006

Application by New South Wales Teachers Federation for a new award

DECISION

[2007] NSWIRComm 84

1 This is an application by the New South Wales Teachers' Federation pursuant to s 11(2)(b) of the Industrial Relations Act 1996 ("the Act") for an award, to be know as the Community College Principals (New South Wales) Award 2006 ("the Award). 2 The application was filed on 11 September 2006 and the matter subject to various and extensive directions throughout the latter part of 2006 and early 2007. 3 Directions were issued which required service of the application on all community colleges at their operational addresses and to the chairmen of governing bodies of community colleges separately; to Employers First; and to Mr John Shugg, Executive Director of Community Colleges NSW, a body representing 19 of the 21 community colleges listed as respondent to the application. Directions also required the application to be served upon the New South Wales Ministers for Education and Industrial Relations. 4 Affidavits of service, supported by evidentiary documentation, are filed confirming that the directions were properly executed. 5 Mr Shugg responded to the service by submission filed in the Commission on 25 January 2007. This submission acknowledged the application and made extensive comment in response to the detail of the application, leading to amendment of the application, filed by the Teachers' Federation on 27 February 2007. 6 Mr Shugg set out the basis of the submission in the following terms: 6. Of the 21 listed respondents 19 are members of Community Colleges NSW.