TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

The Tasmanian Registered Teachers' Association
(T.2819 of 1990)

INDEPENDENT SCHOOLS (TEACHERS) TASMANIA AWARD

Structural Efficiency Principle

REASONS FOR DECISION

The present application by the Tasmanian Registered Teachers' Association seeks, quote:

"To vary the award in relation to salaries and conditions of employment based on the Structural Efficiency Principle as outlined in the documentation agreed by the parties."

This matter follows the granting of the second structural efficiency adjustment in accordance with the Wage Fixation Principles of this Commission in decision T.2424 of 1990, on 15 June last.

Whilst the only parties to the Independent Schools (Teachers) Tasmania Award with a registered interest are the Tasmanian Confederation of Industries (TCI), the Tasmanian Registered Teachers' Association (TRTA) and the Tasmanian Trades and Labor Council (TTLC), the "agreement" presented to the Commission was made between the TRTA and the unregistered Association of Independent Schools of Tasmania.

The application, if granted, would have the effect of, inter alia, granting teachers in independent schools a further 9.1% increase in wage rates phased in over four steps in all at six monthly intervals apart from the first increase due to apply from 1 January 1991. These progressions would take the salary for a Band 1 teacher at the top of that scale from $34,094 to $37,200.

The parties have agreed that the National bench mark figure should be regarded, pro tem, as $37,200 for the top of Band 1, but with all rights reserved in the event that changed circumstances can be demonstrated.

Notwithstanding the extensive negotiations which preceded the reaching of this point and the persuasive arguments put in support of such a proposal I have discovered that no "special case" has been declared to exist by the President or a Full Bench to this time.

The Wage Fixation Principles of this Commission are quite unequivocal in this regard and provide as follows:

"3. SPECIAL CASES

Any claim for increases in wages and salaries or improvements in conditions which exceed the maximum increases allowable under the State Wage Case decision of 30 October 1989 will be processed as a special case before a Full Bench of the Commission or through the anomalies and inequities principle at the discretion of the President. Such cases should be considered in accordance with the structural efficiency and other relevant principles."

Under present circumstances, where such a vital step has not been exercised in a matter of considerable significance, I have no alternative, despite the expectations of some parties, to formally refuse the claim at this time and refer the file to the President.

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr B. McFarlane for The Tasmanian Registered Teachers' Association.
Mr W J Fitzgerald and Mr J Bednall for the Tasmanian Confederation of Industries.

Date and place of hearing:
1990
Hobart
November 27