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T5418

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.32(7) application for rescission of award

Australian Education Union,
Tasmanian Branch

(T.5418 of 1995)

TEACHING SERVICE (TEACHING STAFF) AWARD

 

DEPUTY PRESIDENT A ROBINSON

HOBART, 26 April 1995

Award - rescinded - operative 11/4/95

REASONS FOR DECISION

The Australian Education Union, Tasmanian Branch, (the AEU) made application for the Teaching Services (Teaching Staff) Award to be rescinded in accordance with Section 32(7A) of the Industrial Relations Act 1984. Section 32(7A) provides that:

"The Commission may, of its own motion or upon application by an organisation and after consultation with such organisations as it considers appropriate, by notice in the Gazette, rescind an award it considers no longer serves any useful purpose."

Consistent with the requirement to consult with other appropriate organisations details of the AEU application were provided to the following, together with a notice of hearing:

  • The Minister for Public Sector Management

  • The Tasmanian Trades and Labour Council

  • The Tasmanian Chamber of Commerce and Industry Limited.

Only the AEU attended the hearing held on 11 April 1995, at which time Mr Lane advanced the following reasons in support of the application to rescind the award:

  • The classification of employees whose wages and conditions of employment were regulated by the Teaching Service (Teaching Staff) Award are now regulated by an award of the Australian Industrial Relations Commission, namely the Teaching Service (Tasmanian Public Sector) Award 1995.

  • The State award is no longer relevant as it covers no classifications employed.

Background

For those who are students of history it may be of some passing interest to note a few facts in relation to what has happened to the Teaching Service (Teaching Staff) Award during the recent past.

  • On 15 May 1990 a Full Bench, i.e. three members (constituting 60% of the Commissioners appointed) commenced hearing the "Teachers Special Case".

  • That case comprehensively reviewed the award and decided the following claims:

    1.  Salaries
        (A)   Teachers
        (B)   Guidance Officers
        (C)   Senior Guidance Officers
        (D)   School Principals
        (E)   Directors and Superintendents

    2.  Hours of Duty

    3.  Contact Hours

    4.  Excess Hours

    5.  Teacher Year

    6.  Class Sizes

    7.  Senior Staffing Configuration

    8.  Teacher Transfers

  • The hearing occupied 77 hearing days including that part of the case which was argued in accordance with the "Economic Incapacity Principle".

  • Transcript of proceedings filled 5,563 pages.

  • There were 275 exhibits produced for consideration.

  • 13 witnesses gave sworn evidence.

  • The case concluded on 23 April 1993, i.e. almost three (3) years after its commencement.

  • Of the total claims decided some had been lodged by the two teacher unions whilst others had been submitted on behalf of the employer (the Minister).

  • In terms of actual cost incurred by the Commission and its staff, no estimate has been attempted.

Conclusion

Regardless of any other factors the making of the federal award means that the Teaching Service (Teaching Staff) Award now no longer serves any useful purpose.

Decision

In view of the prevailing circumstances it is my decision that the Teaching Service (Teaching Staff) Award be rescinded in accordance with Section 32(7A) of the Act effective from 11 April 1995.

The file to be remitted to the Registrar for final processing in accordance with the requirements of the Act.

 

A ROBINSON
DEPUTY PRESIDENT

Appearances:
Mr C Lane for the Australian Education Union, Tasmanian Branch

Date and Place of Hearing:
1995
April 11
Hobart