New South Wales Teachers Federation and Director-General of Education and Training (No 2) [2008] NSWIRComm 218

Industrial Court of New South Wales

CITATION: New South Wales Teachers Federation and Director-General of Education and Training (No 2) [2008] NSWIRComm 218

NEW SOUTH WALES TEACHERS FEDERATION Applicant PARTIES: DIRECTOR-GENERAL OF EDUCATION AND TRAINING Respondent

FILE NUMBER(S): IRC 1426 of 2008

CORAM: Schmidt J

CATCHWORDS: Declaratory relief - three teachers appointed to permanent teaching positions - whether or not teachers have contractual entitlements in relation to service transfers between Departmental schools - priority of service transfers over the employment list and external advertisements - nature of employment considered - teachers are common law employees - express contractual terms - implied contractual terms - the Teaching Service Act 1980 considered - custom and practice - declaratory relief refused - contractual entitlements not established

Industrial Arbitration Act 1940 LEGISLATION CITED: Industrial Relations Act 1996 Teaching Service Act 1980 Teaching Service Regulation 2007

Ajax Cooke Pty Ltd t/as Ajax Spurway Fasteners v Nugent (1993) 36 AILR 231 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Director-General of Education v Suttling (1987) 162 CLR 427 CASES CITED: Gillies v Health Administration Corporation [2003] NSWIRComm 243 Goldman Sachs JB Were Services Pty Limited v Nikolich (2007) 163 FCR 62 Lee v GEC Plessey Telecommunications [1993] IRLR 383 Riverwood International Australia Pty Ltd v McCormick (2000) 177 ALR 193 State of New South Wales v Paige (2002) 60 NSWLR 371 Public Service Board (New South Wales) v Public Service Association (New South Wales) Re Steele (1987) 17 IR 286