Australian Education Union, NSW Teachers Federation Branch v Department of Education [2019] NSWIRComm 1039

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Education Union, NSW Teachers Federation Branch v Department of Education [2019] NSWIRComm 1039 Hearing dates: 21 June 2016, 22 June 2016, 28 June 2016, 20 July 2016, 27 July 2016, Submissions: 1 September 2016 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM FRSN Decision: 1 Recommendation that the Department of Education give preference in employment to applicants with dual qualifications in psychology and teaching. 2 Recommendation that the Department of Education engage with the Federation and other stakeholders in consultation over any proposed change in allocation of school counsellors. Catchwords: INDUSTRIAL DISPUTE-, qualifications of employees-school councillors- recommendation for preference to be given to employees with dual qualifications Legislation Cited: Industrial Relations Act 1996 (NSW) Government Sector Employment Act 2013 Teaching Services Act Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2014 Crown Employees (Public Service Conditions of Employment) Award 2009 Cases Cited: Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment (2012) 87 ALJR 162; (2012) 293 ALR 450; (2012) 228 IR 316; [2012] HCA 58 at [43]; Re Corrections Health Service Nurses' (State) Award (1999) 90 IR 235 @ 245; Health Services Union & Ors. v Director-General, NSW Department of Health (2010) 193 IR 359 at [40]; Crown Employees (Teacher Staffing Entitlements) Award (2008) 181 IR 253 at [102]-[106]; Child Protection (Working with Children) Award 2014 (2015) 249 IR 420; State Wage Case 2010 (No 2) (2011) 206 IR 218; Re Cram; ex parte NSW Colliery Proprietors' Association Ltd (1987) 163 CLR 117; Kellogg (Australia) Pty Limited v National Union of Workers (1998) 89 IR 391 Category: Principal judgment Parties: Australian Education Union, NSW Teachers Federation Branch - Notifier Department of Education – Respondent Representation: Counsel: M Gibian (Applicant) Mr M Easton (Respondent) File Number(s): 2016/65492