Notification under s130 by Director General, Department of Education and Communities of a Dispute with New South Wales Teachers Federation Re Schedule A [2011] NSWIRComm 160

Industrial Relations Commission New South Wales Medium Neutral Citation: Notification under s130 by Director General, Department of Education and Communities of a Dispute with New South Wales Teachers Federation Re Schedule A [2011] NSWIRComm 160 Hearing dates: 1 November 2011, 11 November 2011, 30 November 2011 Decision date: 02 December 2011 Jurisdiction: Industrial Relations Commission Before: Kavanagh J Decision: Orders entered 7 December 2011. Variation to existing Award to allow 2.5% increase in salaries and allowances for teachers and other covered by Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2009 Catchwords: s 136(1) - Arbitration of Dispute re increase in salaries and allowances for teachers and others covered by the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2009 - application by Director General, Department of Education and Communities for new Award in dispute procedures - application opposed by Union - consideration of purpose and effect of s 149C of Industrial Relations Act 1996 and cl 6 of Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 - determination to order 2.5% increase in salaries and allowances from 1 January 2012 for employees under relevant Award - alternative forms for order considered - effect of interim Award (s 16) - effect of variation of existing Award (s 173) - variation as agreed to clause related to employees at the Saturday School of Community Languages - order for increase to be in the form of a variation of existing Award - order for parties to consider how to advance application for new Award Legislation Cited: Industrial Relations Act 1996 Cases Cited: Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2009 Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129 Public Hospital Nurses' (State) Award Re (No 3) (2002) 121 IR 28 Re Crown Employees (Public Sector - Salaries 2011) Award (No 3) [2011] NSWIRComm 104 Category: Consequential orders Parties: Director General, Department of Education and Communities (Applicant) New South Wales Teachers Federation (Respondent) Representation: Mr M Easton of counsel (Applicant) Crown Solicitor (Applicant) Federation Law (Respondent) File Number(s): IRC 1658 of 2011