Industrial Relations Commission of New South Wales CITATION: Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006 [2006] NSWIRComm 1012 APPLICANT The Crown in the Right of the State of New South Wales PARTIES: RESPONDENT New South Wales Teachers Federation FILE NUMBER(S): 6698 of 2005 CORAM: Macdonald C CATCHWORDS: Application for a new award - s11 of the Act - consent of parties - industrial merit - improvement in wages and conditions - application satisfied requirements of the Act - Award made - previous award rescinded LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 17/01/2006 DATE OF JUDGMENT: 01/17/2006 Mr D Husdell Director of Industrial Relations LEGAL REPRESENTATIVES: NSW Department of Education and Training Ms Seymour New South Wales Teachers Federation DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 17 January 2006 Matter No IRC 6698 of 2005 Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006 Application by The Crown in the Right of the State of New south Wales for a consent award DECISION [2006] NSWIRComm 1012 1 This is an application pursuant to section 11(2)(a) of the Industrial Relations Act 1996 ("the Act") filed on 20 December 2005 by the New South Wales Department of Education and Training ("the DET"), for a new award. 2 The matter was listed for a Consent Hearing on 17 January 2006 along with two other applications: IRC 6699/05 (application for rescission of an award) and IRC 6697/05 (application for a consent award). 3 At the Consent Hearing, the DET was represented by Mr D Husdell, Director of Industrial Relations. The other party to the Consent Hearing was the New South Wales Teachers Federation ("the Union"), represented by Ms Seymour. 4 Mr Husdell addressed the Commission on the applications. The application for a new award (IRC 6698/05) rescinds and replaces the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award 2004 ("the current award") that expired on 31 December 2005. Mr Husdell handed up an Amended Application ("the Amended Application") during proceedings before myself. Following discussions between the DET and the Union, those two parties came to an agreement on 21 October 2005 to replace the current award with two new awards. Thus one award would cover teachers in schools and related employees (IRC 6697/05); and the other new award would cover teachers in TAFE and related employees (IRC 6698/05). 5 As to the new award application (the Amended Application) (the subject of this Decision), Mr Husdell advised, inter alia, that the new award: · provided for wage increases; · inserted new provision on Professional Development for TAFE Teachers; Mr Husdell also advised that there were also some non-award provisions that had not been imported into the award but formed part of an agreement between the parties. 6 Mr Husdell urged the Commission to approve the application for the new award. Ms Seymour for the Union concurred. 7 Having considered the submissions of the parties and reviewed the documentary material that has been filed, the Commission is satisfied that the new award application should be made. That new award is the: Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006 (IRC 6698/05). The new award complies with the requirements of the Act and the Commission's Principles for Review of Awards (85 IR 38). 8 The new award is to take effect from the first pay period commencing on or after 1 January 2006. 9 The new award rescinds and replaces "the current award" which expired on 31 December 2005. 10 The Commission hereby makes the new award to be known as the: Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006. These proceedings are concluded. A Macdonald Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.