T5664
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Education Union, TECHNICAL AND FURTHER EDUCATION STAFF AWARD
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:
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:
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:
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:
The order operative from the first full pay period to commence on or after the date of this decision is attached.
R K GOZZI Appearances: Date and Place of Hearing: |