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T2819 and TA72

 

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)
Previous Decision

and

Tasmanian Trades and Labor Council
(TA.72 of 1990)

INDEPENDENT SCHOOLS (TEACHERS) TASMANIA AWARD

 

DEPUTY PRESIDENT A. ROBINSON

HOBART, 18 December 1990

Structural Efficiency Principle - Special Case

REASONS FOR DECISION

These matters first of all concern an application by the Tasmanian Registered Teachers' Association to vary the award in relation to salaries and conditions as part of an ongoing structural efficiency exercise.

Secondly the President has referred to me the finding of an arguable special case following a meeting of the Anomalies Conference on Monday 10 December 1990.

The principle parties presented to the Commission a comprehensive agreement based upon structural efficiency and work value grounds and asked that I endorse the package and vary the award accordingly.

The Minister Administering the State Service Act was granted intervention and sought to register a number of concerns because another matter in relation to teachers employed in Government schools is currently before a Full Bench and has yet to be decided. Of particular concern was the possible notion of the present matter going to the recognition of a national bench mark salary for teachers generally, with flow-on consequences.

Similar intervention was granted to the Tasmanian Trades and Labor Council which supported the application of the Tasmanian Registered Teachers' Association (TRTA) and the consent variation of the Award. And in this regard Mr Bacon said the ACTU favoured the recognition of a national bench mark salary for fully qualified teachers.

The package of items agreed to by the parties to the Independent Schools (Teachers) Tasmania Award may be categorised under four broad headings viz:

(a) Increased efficiency
(b) Flexibility
(c) Productivity
(d) Professional development and training for teachers.

More specifically the parties have consented to varying the award to provided for, inter alia:

1. A new two band salary scale with a maximum attainable salary for a step 12 Band 1 fully trained teacher of $37,200.

2. The procedure for translating existing scales into Band 1.

3. The procedure for translating existing Senior Teachers salaries into Band 2.

4. There will be no immediate increase in salaries but increases will be phased in for Band 1 as follows:

at 1.1.91 a 2.5% increase
at 1.7.91 a 2.5% increase
at 1.1.92 a 2.5% increase
at 1.7.92 the balance.

Band 2 salaries will increase by the same percentage and at the same time as salaries in Band 1.

Schools may however delay the phase in process by up to three months from each of the above dates so their phase-in dates could be 1.4.91, 1.10.91, 1.4.92 and 1.10.92.

5. Revised definitions for:

    Senior Teacher
    Certificated Teacher
    Uncertificated Teacher
    Two year trained Teacher
    Four year trained Teacher
    Five year trained teacher (new).

6. Special provisions in relation to replacement teachers.

7. A revised termination of employment clause to provide that:

"Except in the case of replacement teacher, the contract of employment may be terminated by either the employer or the teacher on the giving of 10 week's notice in writing. Such notice is to fall whenever possible wholly within a teaching term.

In the event of such notice not being given, the employer shall pay an amount equivalent to 10 weeks payment of wages or in the case of a teacher who resigns without good reason the employer may require forfeiture by the teacher of the same amount. The employer may deduct such forfeited amount from any moneys accrued and owing to the teacher pursuant to the contract of employment, provided that the employer may institute recovery proceedings for all or any part of the forfeited amount.

Provided that in a case whereby a teacher's employment is terminated for default or misconduct which would justify summary dismissal, wages shall be paid up to the time of dismissal only."

8. Access to Band 2 and guidelines.

These are comprehensively dealt with and are an award attachment (Appendix C). Features of access to Band 2 include:

(a) Access to commence from 1/1/92.
(b) These are promotional positions only.

9. Anew award clause dealing with professional development and teacher portfolios as follows:

(a) Schools/colleges shall establish a professional development and Inservice Education and Training programme. This will be done in consultation with the teachers in the individual School/College.

(b) A joint AIST/TRTA Committee will be established to promote professional development on a regional and state basis for schools/colleges who wish to participate in such a programme.

(c) Professional development and Inservice Education and Training programmes must:

(i) enable teachers to better undertake their work.

(ii) enhance teacher career prospects.

(iii) give more skills to teachers to enable them to undertake a broader range of tasks within the School/College.

10. A review of duties and responsibilities of existing Senior Teachers (Appendix B).

11. A review of the system of allowances and a proposed new clause to operate from 1.1.92 (Appendix B).

12. Anew clause: Appraisal of performance providing that:

"(i) Teachers may request or be requested by the Principal/Employing Authority to participate in a system of performance appraisal. The regularity of such appraisal and the system used will be determined by each school/college.

(ii) The system of performance appraisal must:

(a) provide a source of direction towards professional development leading to increased skills and enhanced performance;

(b) be supportive and constructive;

(c) be developed in consultation with the staff of the school/college."

13. A new clause: Induction of Beginning Teachers and Guidelines (Appendix D).

14. Appendix C (Access to Band 2 and Guidelines) and Appendix D (Guidelines for the Induction of Beginning Teachers) are recommended models to help schools/colleges to develop processes and procedures which best suit their individual needs. It is recognised that these Appendices will undergo revision and modification during 1991. It is nevertheless agreed that any modification and revision of these Appendices should reflect the basic principles expressed in them.

The prosecution of this case relies upon satisfying the Commission that all of the submissions, evidence and material meet the stringent requirements of the Act; the Principles of Wage Fixation; and Public Interest. More particularly so far as the Principles are concerned there is reliance upon the establishment of a "Special Case". In this regard the Principles of this Commission provide:

"3. SPECIAL CASES

Any claim for increases in wages and salaries or improvement in conditions which exceed the maximum increases a 1 lowab le under the State Wage Case decision of 30 October 1989 will be processed as a special case before a Fu 11 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."

In his reference to me on 10/12/1990 the President advised:

"Attached hereto is application TA. 72 of 1990 (incorporating TTLC No 14 of 1990) which concerns the Independent Schools (Teachers) Tasmania Award.

The matter came before Anomalies Conference No 25 on 10 December 1990. I t referred to a claim by the Tasmanian Registered Teachers' Association in relation to structural efficiency exercises which involved increases in salaries in excess of l%. Approva 1 was sought to refer the matter to the Commissioner concerned as a special case.

Having heard a71 the parties I am satisfied that an arguable special case exists. I therefore refer it to you for hearing and determination at your convenience."

The parties agree that the claim for an increase in salary rates and the establishment of a new career structure by way of the new classifications sought to be included in the Award, and to which I have earlier referred, arise from changes to work value and the application of the structural efficiency principle; indeed, the proposed new classifications have been agreed upon as part of a restructuring exercise.

I do not propose to here reproduce both of those lengthy principles. I return to the concern expressed by the Minister Administering the Tasmanian State Service Act as intervener that this case may give some universal recognition to the notion of a "national" bench mark salary for teachers. This particular submission drew a response from the parties that the attraction of a figure of $37,200 was based upon other criteria. And particular emphasis was given to the fact that, inter alia, the independent schools subject to this Award rely upon Commonwealth supplementary funding, which in turn has its own criteria.

For my part I recognise that this is a matter of consent which relies upon the acceptance of a balanced package of significant items which are of mutual benefit to those parties affected. And the range of schools which are bound by this award encompasses a diversity of individual philosophies and patterns of teaching which have been recognised and comprehended within that package. I suggest that the circumstances of this case therefore are unlikely to have an exact parallel anywhere in Tasmania.

It would also be inappropriate for a single Commissioner at this time to attempt to make any declaratory statement likely to have an effect extending beyond the case at hand. This is particularly so given that another matter affecting public schools is currently before a Full Bench of the Commission.

Whilst some of the broad ranging submissions made in support of this case may not of themselves be sufficient to justify approval, I am satisfied that the more fundamental elements going to changes in work value arise from changes in the nature of the work, skills and responsibility required to perform the work and the conditions under which the work is performed. I am also satisfied that there has been no attempt by the parties to contrive classifications or to overclassify jobs and, further, that the work value changes were not taken into account in assessing the increase in rates previously fixed by the Commission pursuant to the structural efficiency principle.

I am similarly satisfied that it is appropriate that there should be an increase in wage rates and the establishment of a new career structure as a result of changes in work value and the application of the structural efficiency principle.

Finally I am satisfied that to approve the consent award would be consistent with public interest criteria of Section 36 of the Act.

In all of the circumstances and on all the material before me I have decided to vary the award in a manner consistent with the application including appendices.

Date of Effect

This variation shall have effect from the first full pay period to commence on or after 1 January 1991.

Order will follow. [Order 1 of 1992 and Order 2 of 1992]

 

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.
Mr C Willingham for the Minister Administering the Tasmanian State Service Act. (intervening)
Mr J A Bacon for the Tasmanian Trades and Labor Council. (intervening)

Date and place of hearing:
1990
Hobart
November 13