Notification under section 130 by the New South Wales Teachers Federation of a dispute with Department of Education and Training re changes to TAFE teacher education programs [2008] NSWIRComm 117

Industrial Relations Commission of New South Wales

CITATION: Notification under section 130 by the New South Wales Teachers Federation of a dispute with Department of Education and Training re changes to TAFE teacher education programs [2008] NSWIRComm 117

APPLICANT: New South Wales Teachers Federation PARTIES: RESPONDENT: Department of Education and Training

FILE NUMBER(S): IRC 127 of 2008

CORAM: Schmidt J

CATCHWORDS: Award - notice of motion - TAFE teachers - jurisdiction - section 19 of the TAFE Act 1990 - no extra claims provision of current award - jurisdiction not affected by s 19 of the TAFE Act 1990, given claims advanced - parts of award claims precluded by current award 'no extra claims' provision - claim made in relation to fees, not precluded, as not dealt with in current award

LEGISLATION CITED: Industrial Relations Act 1996 Technical and Further Education Commission Act 1990

Amery v State of NSW [2001] NSWADT 37 Re Corrections Health Service Nurses' State Award (1999) 90 IR 235 CASES CITED: Re Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (2002) 116 IR 361 Re NSW Education Employees (Non-Continuing Contract Employment) Award (1998) 92 IR 239 Re New South Wales TAFE Commission (Teachers and Other Educational Staff) Salaries and Conditions Award 1996 (1999) 123 IR 360

HEARING DATES: 11 June 2008

DATE OF JUDGMENT: 13 June 2008

APPLICANT/RESPONDENT ON MOTION: Mr M Gibian of counsel LEGAL REPRESENTATIVES: RESPONDENT/APPLICANT ON MOTION: Mr S Benson of counsel