Director General, NSW Department of Education and Training v NSW Teachers Federation [2009] NSWIRComm 147

Industrial Relations Commission of New South Wales

CITATION: Director General, NSW Department of Education and Training v NSW Teachers Federation [2009] NSWIRComm 147

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

FILE NUMBER(S): IRC 513 of 2009

CORAM: Boland J President; Sams DP; Grayson DP

CATCHWORDS: INDUSTRIAL DISPUTE - dispute orders - NSW Teachers Federation - industrial action by TAFE teachers after indication to Full Bench by Federation that industrial dispute of teaching hours should be resolved without resort to industrial action - industrial action indefensible given Federation's agreement to a process to resolve industrial dispute - Disruption caused by 24 hour strike - Application of s 173 of the Industrial Relations Act 1996 - Application by Federation that Full Bench disqualify itself on the grounds the members had attempted conciliation - one member stepped aside - two members refused on the grounds they had not attempted conciliation - dispute orders confirmed.

LEGISLATION CITED: Industrial Relations Act 1991 Industrial Relations Act 1996

Commissioner of Police v Police Association of New South Wales [2005] NSWIRComm 132; 141 IR 423 CASES CITED: Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award and others [2009] NSWIRComm 2 Director General, NSW Department of Education and Training v NSW Teachers Federation [2009] NSWIRComm 140 Public Service Association of NSW and Department of Corrective Services & Anor [1994] NSWIRComm 148 (Hill J, Peterson J and Murphy CC, 9 December 1994)