Industrial Relations Commission New South Wales Medium Neutral Citation: Director General, Department of Education and Communities and New South Wales Teachers Federation [2012] NSWIRComm 42 Hearing dates: 16 May 2012 Decision date: 16 May 2012 Jurisdiction: Industrial Court of NSW Before: Kavanagh J Decision: Directions 1.That the Executive of the NSW Teachers Federation is directed to re-consider its authorisation of the Stop Work Meeting at 9 am on Friday 18 May 2012 and move such proposed meeting to out of school hours. 2.That the Executive of the NSW Teachers Federation is directed to consider the offer of the Department as to the use of their schools communication system. 3.That the Department of Education and Communities is directed to re-consider the NSW Teachers Federation's request for representation on the various consultative committees set up to implement the LSLD Policy. 4.This Compulsory Conference matter has already been stood over for further conciliation to 10am Friday 27 July 2012. I give leave to re-list at short notice. Catchwords: Proposed Stop Work Meeting - related to changes being introduced in implementation of Local Schools Local Decisions Policy by Department of Education and Communities - directions given that NSW Teachers Federation consider meetings be held outside school hours to inform teachers of changes and their effect - Department directed to consider inclusion of Teachers Federation on committees formed for implementation of said policy Category: Procedural and other rulings Parties: Director General, Department of Education and Communities (Applicant) New South Wales Teachers Federation (Respondent) Representation: S Benson (Applicant) Crown Solicitors Office (Applicant) Federation Law Pty Ltd (Respondent) File Number(s): IRC 1658 of 2011IRC 313 of 2012 RECOMMENDATION Background 1This Commission has been sitting in a part heard matter in Compulsory Conference related to the conditions of employment under the Crown Employees (Teacher in Schools and Related Employees) Salaries and Conditions Award. 2The Department now represented through the Crown Solicitors Office, NSW Government, is a party to the Award as is the NSW Teachers Federation. 3The NSW Government has announced a new policy initiative entitled "Local Schools Local Decisions". It is agreed between the parties, and the Commission is of the view, this new policy will have a significant effect on the delivery of educational services to the students of NSW and effect employment relationships. 4On 3 May 2012, a letter was sent to the Hon Adrian Piccoli, MP, Minister for Education directing his attention to a significant number of matters of concern to the Federation, in representing its teacher membership, as to the implementation of the LSLD. An answer was received from the Minister on 14 May 2012. 5On 15 May 2012, the Executive of the NSW Teachers Federation called a Stop Work meeting for up to two hours beginning at 9am which means the stop work meeting is called within school hours. 6The purpose of this meeting is: to hear detailed reports on the serious impact that Local Schools Local Decisions and other State Government policies will have on working conditions, student learning opportunities and the resourcing of our schools. 7The Federation notice to members further states: This action is necessary following the Minister's failure to provide guarantees on staffing class sizes, curriculum, salaries and security of employment. 8The Department concedes that given the significance of proposed changes, a process of communication between the Federation and its members is and will continue to be necessary. The Department opposes that such communications take place in school hours. 9The Commission endorses the Department's views as to the necessity of the Federation to communicate with its members given the significance of the proposed changes some of which will clearly affect working conditions of teachers as acknowledged. 10The Department has offered access to the Federation of its communication systems within schools, after school hours, to assist in the Federation's communications with its members. 11The Department, if this offer is not accepted, asks for the Commission to issue a Certificate of Failed Conciliation and to issue orders against the Federation to cease and desist from authorising and conducting the stop work meeting scheduled this Friday. 12The Federation submits the conciliation process of the Commission should continue and the Commission should not move to arbitration and to issue Orders. The Federation contends it has been excluded in the consultative process set up by the Department so has no opportunity to effect the decision making. The Federation acknowledges it is a member of the LSLD Joint Consultative Group but states it is not a member of the important Steering Committee nor to other working parties which are addressing the implementation and effect of the LSLD. It points out the Principals Association is represented but the Teachers Association is not a member of the key steering committee nor two of the other three consultative committees so its view of the effect of decisions taken on its teachers is not considered. 13The Commission expresses the view it is still in compulsory conference in relation to the effect of the LSLD Policy. There are many significant work related issues to be addressed. 14It, therefore, rejects the proposition of the Department that it issue Orders. However, the Commission gives the following Directions to the parties: Directions 1.That the Executive of the NSW Teachers Federation is directed to re-consider its authorisation of the Stop Work Meeting at 9 am on Friday 18 May 2012 and move such proposed meeting to out of school hours. 2.That the Executive of the NSW Teachers Federation is directed to consider the offer of the Department as to the use of their schools communication system. 3.That the Department of Education and Communities is directed to re-consider the NSW Teachers Federation's request for representation on the various consultative committees set up to implement the LSLD Policy. 4.This Compulsory Conference matter has already been stood over for further conciliation to 10am Friday 27 July 2012. I give leave to re-list at short notice. Amendments 07 January 2015 - corrected decision date 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. Decision last updated: 08 January 2015