T3028 - 9 December
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Catholic Education Employees' Association CATHOLIC EDUCATION AWARD
Making of award REASONS FOR DECISION This matter concerns an application by the Tasmanian Catholic Education Employees' Association (the Association) to make a new award in respect of catholic schools and the Catholic Education Office. The process has been a continuing one, which has been carried out in a number of separate steps. The first of such steps occurred on 13 May 1991 when Reasons for Decision were published in relation to the creation of an award to progressively replace a number of registered agreements applying to catholic schools generally. At that time the award created was in name only, having been given a name, a scope and an operative date. Then followed the processes associated with determining award interest; followed in turn by the insertion of definitions and a salary structure. The final step of inserting provisions in relation to conditions of service came before the Commission for hearing and determination on 26 November 1991. Whilst the exercise was fundamentally one of transferring such conditions of service from the registered agreements into the new award the Tasmanian Confederation of Industries had conflicting instructions so far as two items were concerned. Whereas the whole of the exercise was one of consent the exception was that St Mary's College sought: (a) to be exempted from the inclusion in the award of the classifications of - (i) Deputy Principal, and (ii) Bursar; (b) different "days of attendance" for teachers employed at St Mary's College. It must be acknowledged that St Mary's College has a separate registered agreement which is due to expire (subject to the provisions of the Act) at the end of 1991. Virtually all other catholic schools and colleges have been bound by the one agreement. The preferred position of St Mary's is to continue to have its own registered agreement, but this is no longer possible because other parties are opposed. Arguments advanced for the exclusion of award coverage for the classifications of "bursar" and "deputy principal" so far as St Mary's College is concerned, but not other catholic schools and colleges went to the question of principle. It was argued that at St Mary's both classifications are management oriented, and the persons concerned must exercise disciplinary procedures at certain times. It was put to the Commission that this function is incompatible with being an award worker. Contra argument put by the Association included the fact that award coverage of such classifications is already common, both in Tasmania and elsewhere. Additionally the Association's constitution is specific in allowing coverage of such classifications. Decision The case for excluding these two classifications for St Mary's College only based upon general principle is in my view clearly flawed. Not only does established precedent exist, but that precedent is strengthened by the extended general coverage in the new award by consent of the same parties. Nothing which was put to me sufficiently distinguished the respective roles of "bursar" and "deputy principal" at St Mary's College and other similar catholic schools and colleges to justify the exclusions sought. Nor am I aware of any factor which would detrimentally affect either St Mary's or individuals occupying those positions. The Industrial Relations Act 1984 provides in Section 33(1)(a) that the Commission may make an award in respect of employees employed in an industry. Whilst such an award does not have to cover all employees, I doubt that once a classification is included it can be made to exclude some award "respondents" engaged in the same industry. For these reasons I have decided not to accede to the required exemption so far as these two classifications and St Mary's College is concerned. I turn now to the second contested matter. The only argument of any substance supporting a different award provision relating to "days of attendance" for St Mary's College went to maintenance of a traditional situation which that college wishes to maintain. However there was a series of often inter-related factors which support the establishment of some rationality and uniformity in days of teacher attendance at all catholic schools and colleges. These included:
A further relevant factor is that the quantum of days of attendance (including non-pupil days) formed part of a package of structural efficiency matters previously negotiated. On balance therefore I am persuaded to support the proposal for a common award provision applicable equally to all catholic schools and colleges and decide accordingly. Since non-arbitrated issues have previously been tested by the Commission are consistent with public interest and wage fixation principles the application as a whole is granted. The award will be varied accordingly. Date of Effect These variations shall have effect from the beginning of the first full pay period to commence on or after 1 January 1992. Order is attached.
A. Robinson Appearances: Date and Place of Hearing: |