NSW Department of Education and Training v NSW Teachers Federation Re Student Reports Bans [2006] NSWIRComm 346

Industrial Relations Commission of New South Wales

CITATION: NSW Department of Education and Training v NSW Teachers Federation Re Student Reports Bans [2006] NSWIRComm 346

PARTIES: NSW Department of Education and Training NSW Teachers Federation

FILE NUMBER(S): IRC 3121 of 2006

CORAM: Harrison DP

CATCHWORDS: Notification of dispute pursuant to s 130 - Application for dispute orders - plain english student reports - A to E grading structure - public interest not quantified - uncertainty of available resources to comply. Held - orders refused - directions issued.

Industrial Relations Act 1996 LEGISLATION CITED: Schools Assistance (Learning Together - Achievement Through Choice and Opportunity) Act 2004 Schools Assistance (Learning Together - Achievement Through Choice and Opportunity) Regulations 2005 Institute of Teachers Act 2004

HEARING DATES: 30/10/06, 31/10/06

DATE OF JUDGMENT: 11/03/2006

APPLICANT Counsel Mr P Newall Solicitor LEGAL REPRESENTATIVES: Ms B Charlton

RESPONDENT Counsel Mr S Crawshaw SC Mr N Dawson

JUDGMENT:

- 20 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP Friday, 3 November 2006

Matter No IRC 3121 of 2006

Notification under section 130 by NSW Department of Education and Training of a dispute with New South Wales Teachers Federation re student reports ban

DECISION [2006] NSWIRComm 346

1 These proceedings arise by notification of a dispute by the NSW Department of Education and Training (DET) on 13 September 2006. This matter was preceded by a dispute notification filed by DET on 24 February 2006. That matter was discontinued by DET on 8 March 2006 on the basis that the parties would confer. Discussions failed to resolve the issues, leading to the present notification. 2 The issues identified in the notification in this matter were subject to conciliation proceedings before her Honour Justice Schmidt who issued a Recommendation on 15 September 2006 and subsequently a Direction on 22 September 2006. 3 The Recommendation was not accepted and the Direction not complied with by the New South Wales Teachers Federation ("the Federation"). 4 On 23 October 2006 the Federation confirmed its position by resolving to place a ban on A-E student reports in the following terms (Ex 19 attach. H):