Industrial Relations Commission of New South Wales CITATION: Teachers (Non-Government Early Childhood Service Centres Other Than Pre Schools) (State) Award, Re [2006] NSWIRComm 4 APPLICANT New South Wales Independent Education Union PARTIES: RESPONDENTS Employers First Association of Quality Child Care Centres of NSW Inc FILE NUMBER(S): IRC 789 and 790 of 2005 CORAM: Wright J President CATCHWORDS: Award - Pre School Teachers - Child Care Teachers - Special Case proceedings - Subsequently agreement reached Awards made by consent - Salaries - Allowances - Mileage Allowances - Jury Duty - Basis of agreement between parties. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 23/01/2006 EXTEMPORE JUDGMENT DATE: 01/23/2006 APPLICANT Ms V Heron New South Wales Independent Education Union LEGAL REPRESENTATIVES: RESPONDENTS Mr T McDonald Employers First Ms B Kenneally Kenneally & Co., Lawyers for Association of Quality Child Care Centres of NSW Inc JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Wright J, President Monday 23 January 2006 Matter No IRC 789 of 2005 TEACHERS (NON-GOVERNMENT EARLY CHILDHOOD SERVICE CENTRES OTHER THAN PRE SCHOOLS) (STATE) AWARD 2002 Application by New South Wales Independent Education Union for a new award Matter No IRC 790 of 2005 TEACHERS (NON-GOVERNMENT PRE SCHOOLS) (STATE) AWARD 2002 Application by New South Wales Independent Education Union for a new award DECISION (Extempore) [2006] NSWIRComm 4 1 The present applications were filed on 15 February of 2005 and involve, in Matter No IRC2005/789, an application by the New South Wales Independent Education Union (IEU) for a Teachers (Non-government Early Childhood Service Centres other than Pre Schools) (State) Award and in Matter No IRC2005/790, an application by the IEU for a Teachers (Non-government Pre Schools) (State) Award. 2 The matters came before Schmidt J and myself on various occasions in 2005 and were subsequently referred to the Full Bench for hearing of the respective special case applications in both matters. 3 Proceedings before the Full Bench occurred on 8 December and 12 December 2005 and on the last mentioned date, although earlier hearing dates had been set in light of the submissions put by the parties, particularly those of the applicant, revised hearing dates were set as follows: (a) before the Full Bench on 23 and 30 January 2006; (b) before Schmidt J on 8, 22, 23, 24, 27 and 28 February 2006, to take evidence on behalf of the Full Bench; (c) before the Full Bench on 6 March 2006 with 14 March 2006 being reserved, if required, to conclude the proceedings. 4 The proceedings also came back for further directions before me on 20 December 2005. As a result of the steps referred to above, the matter was prepared for hearing, with the parties having commenced to file their evidence and other documentation. 5 However, late last week, the applicant forwarded a letter by facsimile to my associate advising as follows: I am writing to advise that all the parties to the above matters have reached agreement on new awards to be made. The parties will not therefore require matters to be arbitrated. The hearing dates, which have been set, may therefore be vacated. We would however seek a date at the Commission's earliest convenience for the making of the relevant awards. I thank the Commission for the great assistance provided. 6 In the light of that advice, the members of the Full Bench were advised that it was not necessary for the Full Bench to sit today on the basis that the Commission, as presently constituted, would deal with the consent proceedings. 7 When the matter came before me today, the parties were represented, in the case of the IEU by Miss Heron; Mr McDonald appeared for Employers First and Miss Kenneally, solicitor, appeared for the Association of Quality Child Care Centres in New South Wales. 8 The Commission was advised of the following details of the consent award proposed by the parties: the first aspect was that there was a 13.5 per cent increase in salaries, payable in three stages. The first increase of 4.5 per cent is operative from the first full pay period commencing on or after today; the second increase of 4.5 per cent will be operative 12 months hence, and the third increase of 4.5 per cent will be operative 12 months thereafter. In other words, the last two pay increases will be operative from the first full pay period to commence on or after 23 January 2007 and 23 January 2008 respectively. 9 The other changes resulting from the parties' settlement include the following: (a) there will be similar three-stage increases amounting to 13.5 per cent increase in allowances prescribed by the new awards. (b) increases in the mileage allowances prescribed by the award. (c) insertion of a Jury Duty provision in the "Other Leave" clause of the respective awards. (d) variation of the awards to include a provision consistent with the general order made by the Full Bench late last year in the Family Provisions Case (see Family Provisions Case 2005 [2005] NSWIRComm 478). 10 The employers emphasise the inclusion in the respective awards of a clause entitled "Settlement of Award" as Clause 18 in both new awards. The clause reads as follows: "18. Settlement of Award 18.1 This award is made by consent as a settlement of the claims made by the Independent Education Union of NSW & ACT ("the IEU") in Matter Nos. 789 & 790 of 2005. 18.2 It is a term of this award that the IEU will not pursue any improvements in wages or conditions of employment, including any increases arising from the general increases given by the federal or state industrial tribunals, or the proposed Fair Pay Commission that arise during the term of this Award." 11 The parties are to be congratulated on having reached agreement in these matters. The Commission finds that the proposed awards are consistent with the provisions of the Commission's wage fixing principles and the provisions of the Industrial Relations Act 1996. 12 Accordingly, the Commission makes a new Teachers (Non-government Early Childhood Service Centres other than Pre Schools) (State) Award 2006 in terms of Exhibit 6 in these proceedings, and also makes a new Teachers (Non-government Pre Schools) (State) Award 2006 in terms of Exhibit 7. Both awards shall commence from the first pay period to commence on or after today and shall remain in force until 31 December 2008. It is to be noted that each award replaces each respective predecessor award. 13 The applicant is directed to file and serve final documents within 14 days in accordance with Exhibits 6 and 7 together with those documents in electronic or disk form. It might be appropriate for the applicant to double check the respective documents to ensure that there are no typographical matters that need to be attended to prior to that filing and service occurring. 14 Subject to those matters being attended to, these proceedings are now concluded. ___________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.