Department of Justice

Tasmanian Industrial Commission

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

T5664

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Education Union,
Tasmanian Branch

(T.5664 of 1995)

TECHNICAL AND FURTHER EDUCATION STAFF AWARD

 

COMMISSIONER R K GOZZI

HOBART, 21 August 1995

Award variation - hours of work

REASONS FOR DECISION

In this matter the Australian Education Union, Tasmanian Branch (the AEU) sought the variation of the Technical and Further Education Staff Award in respect of providing for a teaching load reduction for "beginning" teachers. Also the AEU sought the inclusion in the award of teaching load credits in circumstances where teachers were on approved paid leave. The specific detail of the variations requested to be made is as follows:

"The above Award is varied as follows.

1.    By Deleting subclause (13)(c) and replace with:

(c)  The annual teaching load shall be 756 hours per annum for employees who are classified as Technical Teacher in Clause 8 - Salaries, Division A - Technical and Further Education Institutes, subclause (a) (i), less 42 hours representing a credit equivalent to the nominal weekly load multiplied by two for duties associated with examinations and ongoing student assessment.

Provided always that teachers in their first and second year of permanent employment and undertaking an approved course of teacher training shall have an annual teaching load of 504 hours.

2.    By adding a new subclause 13(j).

13(j)  When an employee proceeds on approved paid leave, other than annual leave or flexible leave, for a period of 5 working days or longer then that employee shall be credited with 21 hours per week towards his/her annual load, up to a maximum of 36 weeks."

My underlining to reflect an amendment made by the Commission in proceedings on 21 July 1995

Following the resumption of proceedings on 16 August 1995 Mr Evans appearing for the AEU informed the Commission that the AEU and the Minister administering the Tasmanian State Service Act 1984 (the Minister) had achieved agreement on the issues in question. In respect of teachers in their first or second year of permanent employment, the consent variation proposed by Mr Evans and Mr Willingham appearing for the Minister was set out in Exhibit AEU9 in the following terms:

"By adding a new subclause 13(c)(i)

13c(i)  The teaching load of teachers in their first or second year of permanent employment and undertaking an approved course of teacher training shall be 612 hours."

To achieve 612 annual teaching hours a 3 hour reduction from the nominal 21 weekly teaching hours was agreed by the parties. The residue 18 hours nominal weekly teaching hours were multiplied by 36 weeks which represents the number of weeks in the year over which the annual teaching load is calculated i.e. 18 hours x 36 weeks = 648 hours. This total is then reduced by 36 hours (2 weeks x 18 hours a week) which is permitted as a credit towards the annual teaching load on the basis that those hours are utilised for the conduct of examinations and marking. The end result is 648 hours - 36 hours = 612 annual teaching hours. The calculation may be set out as follows:

Nominal weekly teaching load        = 21 hours
(21 hours x 36 weeks = 756 annual hours)  
Less 3 hours

    - 3

 

      18 hours a week

   
18 hours x by the 36 weeks over which the  
annual teaching load is calculated        = 648 hours
less 2 weeks for marking/ examinations etc  
multiplied by 18 hours a week        = 36 hours
Nominal Annual Teaching load

    612 hours

    With regard to the second issue before the Commission concerning credits for teachers on approved paid leave in circumstances as outlined above, Mr Evans and Mr Willingham informed the Commission that an award variation would not be pursued at this time. Instead the parties will co-operatively undertake a review of all circumstances where divisors of one kind or another are applied in the TAFE system. Examples were given where at various time different weekly divisors were used, i.e. 36 weeks representing the period over which the annual teaching load is calculated; 48 weeks representing the TAFE year and others such as 34 weeks, 52 weeks, 38 weeks all of which have relevance in one way or another.

    The Commission was encouraged by the very evident commitment of the parties to enter into productive discussions to seek to apply divisors consistently or indeed to rationalise them. In any event there is no need for further Commission involvement at this time. It is acknowledged that Mr Evans did indicate that the AEU reserved its rights to come back to the Commission on this issue if that was necessary.

    In all of the circumstances I congratulate the parties on achieving agreement on the process to be adopted in this matter. For the record I note here that the parties were agreed that the Minister would permit 17.4 hours as a teaching load credit where the approved absence was for more than 1 week. In cases where it was less than 1 week a teaching load credit of actual timetabled teaching would be given. The calculation is as follows:

    Annual teaching hours      = 756 hours
    Less 42 hours for marking  
    and Examinations

        42 hours

     

      714 hours

       
    714 hours divided by 41 weeks
    representing the teaching year
          =  17.4 hours

      The order operative from the first full pay period to commence on or after the date of this decision is attached.

       

      R K GOZZI
      COMMISSIONER

      Appearances:
      Mr N Evans for the Australian Education Union, Tasmanian Branch
      Mr C Willingham with Mrs W Burgess for the Minister for Public Sector Management

      Date and Place of Hearing:
      1995.
      Hobart:
      July 21, 31
      August 16