New South Wales Department of Education v New South Wales Teachers Federation [2010] NSWIRComm 55

Industrial Relations Commission of New South Wales

CITATION: New South Wales Department of Education v New South Wales Teachers Federation [2010] NSWIRComm 55

PARTIES: New South Wales Department of Education and Training (Notifier) New South Wales Teachers Federation (Respondent)

FILE NUMBER(S): IRC 265 of 2010

CORAM: Staff J

CATCHWORDS: INDUSTRIAL DISPUTE - dispute orders - industrial action by New South Wales Teachers Federation and members employed in public schools in connection with the National Assessment Program Literacy and Numeracy - testing scheduled in May 2010 - ban/moratorium placed on administering tests by Teachers Federation - Commission recommended lifting of ban/moratorium - recommendation not implemented - discretion - industrial action unreasonable - dispute orders made

LEGISLATION CITED: Industrial Relations Act 1996 (NSW) Workplace Relations Act 1996 (C'th)

Australian Workers' Union (NSW) v Bluescope Steel (AIS) Pty Ltd (2006) 151 IR 153 Coal and Allied Operations Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and others (1997) 73 IR 311 Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2009 CASES CITED: Department of Education and Training v Queensland Teachers' Union Employees (D1201043, 29 April 2010) Education Amendment (Publication of Schools Results) Act 2009 New South Wales Department of Education v New South Wales Teachers Federation [2010] NSWIRComm 47 New South Wales Department of Education v New South Wales Teachers Federation Re Student Report Bans [2006] 157 IR 329