Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209

Industrial Relations Commission of New South Wales

CITATION: Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209

APPLICANT: New South Wales Teachers Federation

PARTIES: RESPONDENTS: Director General New South Wales Department of Education and Training

Managing Director of TAFE

FILE NUMBER(S): IRC 1979 of 2008; IRC 1980 of 2008; MIC No 4 of 2008

CORAM: Boland J President; Schmidt J; McLeay C

PRACTICE AND PROCEDURE - Award - Applications to vary awards for salary increases - Applications filed prior to nominal expiry dates of awards - Applications seeking arbitration on an expedited basis of salary claims prior to nominal expiry dates - Whether Commission unable to deal with the applications by virtue of the no further claims provisions in the awards - Consideration of purpose of no further claims provisions in awards - Importance of no further claims provisions to wage fixing generally - Consideration of circumstances under which applications may be filed prior to nominal expiry date of award - No prohibition against filing applications to vary awards prior to nominal expiry date - Conciliation available to the parties but no arbitration of claims prior to nominal expiry date where award contains no further claims provision other than in exceptional circumstances - No exceptional circumstances. CATCHWORDS: AWARD - Applications to vary to increase salaries by five per cent for teachers - Applications filed prior to nominal expiry dates of awards - Applications seeking arbitration on an expedited basis of salary claims prior to nominal expiry dates - Arbitration not available prior to nominal expiry date - Based on Government's Public Sector Wages Policy respondents prepared to agree to increase of 2.5 per cent - Respondent foreshadowed cross applications proposing further salary increases based on cost savings - Commission to increase salaries by 2.5 per cent - Parties directed into conciliation - Dates reserved for arbitration if necessary in March 2009.