Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T2424

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T2424 of 1990

IN THE MATTER OF AN APPLICATION BY THE TASMANIAN REGISTERED TEACHERS' ASSOCIATION TO VARY THE INDEPENDENT SCHOOLS (TEACHERS) TASMANIA AWARD

   
 

RE: STRUCTURAL EFFICIENCY

   

DEPUTY PRESIDENT

HOBART, 15 June 1990

 

REASONS FOR DECISION

 

APPEARANCES:

 

For the Tasmanian Registered
Teachers' Association

- Mr. D. Fry (6.7 & 22.6.89)
- Mrs. H. Dowd (29.3.90)

 

For the Tasmanian Confederation
of Industries

- Mr. T. Abey (6.7.89)
- Mr. T. Edwards (22.6.89)
- Mr. S. Clues (29.3.90)

 
 

- Mr J. Forster

 

DATE AND PLACE OF HEARING:

 

5 June 1990   Hobart

 

This matter concerns an application by the Tasmanian Registered Teachers Association (TRTA) to vary the Independent School (Teachers) Tasmania Award:

  1. To increase salaries and allowances in the award by 3% consistent with the Structural Efficiency Principle.

  2. To add to the Award a clause relating to Redundancy.

  3. To add to the Award a Due Process clause.

  4. To alter the wording of existing Clause 23 so that the first line reads "Except in cases of redundancy and of an emergency teacher ..... "

In the State Wage Case decision1 handed down on 9 November 1989, the Full Bench stated:

    "In that regard we announce now that we intend to closely monitor progress of structural efficiency exercise on an award-by-award basis.

    However we do not necessarily believe that a lot is to be achieved by that monitoring being carried out solely by a Full Bench.

    It is far preferable, we believe, to allow individual members of the Commission to monitor those awards for which they are responsible. And to test the bona fides of the parties in this regard we would expect to receive applications from the Tasmanian Confederation of Industries and the Tasmanian Ttrades and Labor Council during the month of February or March 1990 for the purpose of reporting progress on an award-by-award basis."

And as part of that monitoring process the Commission received a comprehensive report on 9 May in matter TP49 of 1990.

In addition to the presentation of a document headed "Summary of Progress: AIST - TRTA Award Restructuring", Mr McFarlane of the TRTA explained that the Industrial Committee of the Association of Independent Schools and TRTA met on four occasions; the 10 November 1989, 22 February, 20 March and 10 April 1990.

He said that negotiations and discussions have been carried out in a very positive, constructive and co-operative atmosphere and that the parties accepted that any proposed award variations must meet the strict requirements of the Structural Efficiency Principle.

It was further submitted that the parties had been concerned to set up structures which provide for: firstly, structural efficiencies in the industry; secondly, career paths for teachers; and thirdly, a review of the award provisions.

Mr McFarlane said it was the association's belief that these structures have been achieved and that substantial agreement has been reached in a number of areas including first of all professional development and in-service training. There is already a provision in the award allowing for a number of days of professional development and in-service training.

Secondly, there has been agreement about employee participation in school improvement plans.

And thirdly, there has been a broad understanding that existing multiple salary scales will be combined into one scale with varying entry and exit points, depending on a teacher's qualifications. Advancement along this scale will depend on satisfactory service.

A single salary scale to replace the existing six will, the association suggested, result in greater administrative efficiency for employers.

And it was envisaged that there would be a second salary band beyond the Band 1 incremental scale, which would contain promotional positions, and which could also be accessed by teachers meeting certain criteria. The criteria for access to this band, and the number of teachers entering it, are issues for further discussion.

He said that, finally, a career path for teachers should be established. It would basically consist of three stages. The first stage would be the induction phase, probably the first year of service. The second stage would involve the development of mature skills whilst on the Band 1 salary scale. This would take between 5 and 14 years depending on the entry point.

And the third stage would be the band 2, or advanced skill teacher, who meet the criteria set down for access to this level.

In reviewing the award provisions it was agreed that the award should be varied to include a redundancy clause and a due process clause.

The association in its discussion document also stated a willingness to examine alternatives to any prescription of conditions which limit flexibility.

Subsequently on 5 June the parties reported that they had finalised an agreement for the granting of the application with an agreed operative date of 1 June.

The proposal is for the granting of the second 3% wage increase and associated matters and relies upon the developing of career paths for teachers and the acquisition of skills, and introduction of management and work patterns which will enhance the flexibility and administrative efficiency of skills.

An examination of the detail submitted by way of an exhibit which will remain as a permanent record of the Commission has satisfactorily demonstrated that the direction embarked upon is real and therefore in conformity with the essential requirements of the Structural Efficiency Principle.

Similarly from the submissions and evidence I am satisfied that to grant the application would be consistent with the public interest requirements of Section 36 of the Act.

The application is therefore granted, but the Commission will continue to monitor the progress of implementation.

OPERATIVE DATE

The variations shall have effect from the first full pay period to commence on or after 1 June 1990.

Order is attached.

 

A Robinson
DEPUTY PRESIDENT

1 T. No.s 2146, 2147, 2152 and 2167 of 1989