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T3028 and TA73 - 13 August

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Catholic Education Employees' Association
(T.3028 of 1991)
and
(TA.73 of 1991)

CATHOLIC EDUCATION AWARD

 

DEPUTY PRESIDENT A. ROBINSON

HOBART, 13 August 1991

Making of award

REASONS FOR DECISION

On 13 May 1991 a new consent award was made titled the "Catholic Education Award" for reasons which were published in my Reasons for Decision1 issued on the same date.

That award contained only:

1. Title
2. Scope
3. Date of Operation.

By way of subsequent proceedings the question of award interest was determined following reference from the Registrar and the President.

The present matter seeks to insert agreed classification structures and wage rate provisions in the new award following the granting of an arguable "special case" status by the President in matter TA.73 of 1991.

In the longer term the parties intend to progressively transfer into the award all matters previously covered only by agreements registered with this Commission.

At this time wage rates and associated classification structures already in place are dealt with.

The parties are on record as having actively and co-operatively participated in a fundamental review of wage rates and conditions of work in Catholic schools and the Catholic Education Office. So much so that the second structural efficiency increase was earlier granted by way of a registered agreement.

In these proceedings the parties seek to insert classifications and wage rates in the award for Band 1 Structure teachers and to increase existing wage rates by an interim 2.5% to bring a 4-year trained classroom teacher with maximum years of service to a figure of $34,945 per annum, effective from 1 August 1991.

It was also foreshadowed that it is the wish of the parties to achieve over time, an increase to existing rates of pay of from 10-11%, and to reach parity with what was regarded as a national benchmark figure of $37,200 at this time. The parties also made reference to achieving parity with rates (yet to be decided) in the public sector teachers (and others) special case proceedings2.

Detailed submissions were put in support of the current application, going to:

1. Structural efficiency measures.
2. Inequities and justice.
3. Public interest.
4. Work value.
5. The finalising of a properly conducted agreement.

Expanded argument in support of the present arguable special case and agreed interim wage increase included, but was not confined to, the following:

1.     Structural Efficiency

    Such measures have already been ratified by this Commission in earlier proceedings and are ongoing.

    Structures introduced provide the opportunity for all teachers to advance provided they meet the requisite criteria. Advancement is not automatic with years of service.

    Proper relativities have been established within the career structure.

    Teachers now are required to perform a broader range of tasks.

Appropriate incentives for advancement have been created.

2.     Equity and Justice

    Reference was made to awards of other States which have already received increases to salary rates comparable to those now being sought in this award, but with phasing in.

    Similar comparison was made with rates endorsed by this Commission and contained in the Independent Schools Teachers (Tasmania) Award.

3.     Public Interest

    It was pointed out that there is widespread Government and community support for the notion of achieving a better educated and better skilled population if Australia is to maintain and improve its competitive position. Accordingly teachers needed to be attracted and retained in the teaching profession:

    Catholic schools have to compete for teachers who can now be offered better paid positions interstate and in other private schools.

4.     Work Value

    Both parties agreed that radical changes had occurred in teaching curriculum, methodology and assessment.

    There had also been rapid change in the use of technology both in the classroom and in the school as a whole.

    Whilst change of itself has occurred constantly in the past, changes over the past 5 or 6 years in particular had accelerated at a dramatic rate.

    It was a matter of common ground that such changes had impacted positively upon the skill levels of teachers in Catholic schools and also affected the conditions under which work is performed.

    Work value changes had occurred in particular from January 1978.

    Aspects which were highlighted related to:

    (a) Curriculum changes.

    (b) Teaching methodology, with greater emphasis upon less "talk and chalk" teaching and more concentration upon individual students.

    (c) Increased work loads.

    (d) Far greater community and parent involvement in the school.

    (e) Greater teacher flexibility in dealing with classroom situations and parents of students - particularly where problems arise.

    (f) Student welfare.

    (g) Societal changes including the fact of far greater incidence of single parent families, increased poverty through higher unemployment; a greater questioning of authority, etc.

    (h) Increased levels of pastoral care and counselling skills.

    (i) Changed assessment and reporting methods.

    (j) Higher student retention rates over the past six years in particular.

    (k) Greater use of computer skills.

    (l) Greater accountability of teachers.

    (m) Schools are now more open to parents and the community.

    (n) Increased levels of despondency and low esteem among students.

    (o) The greater demand for professional development.

    (p) More discipline and behaviour problems.

    (q) The participation of teachers on consultative committees.

5.     Finalisation of Properly Negotiated Agreement

The parties relied upon the very constructive and mutual benefits arising out of extensive negotiations which produced a result which addressed proper criteria required by the Commission to be met.

Such an outcome was achieved in the absence of any exercise of duress.

Intervention was sought and granted to the Minister administering the Tasmanian State Service Act.

Mr Payne argued that the applicant sought to rely upon the existence of some alleged national benchmark salary so far as teachers are concerned. He said this was not only wrong but had implications elsewhere if accepted. He drew attention also to the similarity of heads of factors relied upon to support this case and those being put forward in the yet to be concluded Full Bench3 matter concerning teachers employed in the public sector.

He said the parties in this matter appeared to be wrongly making assumptions as to the eventual outcome of the Full Bench matter.

In all of these circumstances it was argued that I should refer this matter to the President. Section 24(4) of the Act provides as follows:

"(4) A Commissioner who conducts the hearing of an application under this section in relation to an award may, if he considers that

(a) the application directly affects another award; or

(b) the application or part of it is of such importance that, in the public interest, it should be dealt with by a Full Bench, on his own motion or at the request of a party to the hearing, refer the application to the President in order that he may determine whether or not it should be referred to a Fu11 Bench."

I have given consideration to the Minister's request but decided against referring the application to the President. My reasons for doing so are that:

(a) the present application cannot be said to directly affect another award. There has been no history of either wage rates or conditions of employment occurring in the Catholic education system and contained in agreements or awards affecting any other award.

(b) The present application forms part of a consent arrangement freely entered into by the parties without any suggestion of duress. By its very nature therefore it is not precedent setting and as a consequence cannot be properly regarded as being so important in the public interest that it should be made the subject of a reference to the President.

Parties to the consent application extensively addressed public interest criteria before me. The way such argument was presented suggests positive public interest outcomes rather than negative outcomes.

(c) Section 20(1)(b) of the Act requires that in the exercise of its jurisdiction under this Act, the Commission:

"(b) shall do such things as appear to it to be right and proper for effecting conciliation between parties, for preventing and settling industrial disputes, and for settling claims by agreement between parties;"

(Underlining mine)

(d) In present circumstances I do not believe it would be right and proper to delay this application further, particularly since the public sector teachers Full Bench4 matter is, on present indicators, unlikely to conclude before the end of year 1991.

(e) Whilst reference was made to the notion of a national benchmark figure during the hearing it is not my intention to deal with either the creation or recognition of such a notion in this case. To that extent I agree with the Minister's stated position of not pre-empting that which is currently the province of the teachers public sector Full Bench.

(f) Whilst there are similarities in this case and the Full Bench matter, there are also notable differences in the institutions themselves. It is for this reason that parents exercise a deliberate choice between the Catholic education system, the public system and other private schools. Other factors such as class sizes and contact hours are also different.

(g) The present application is for a 2.5% wage increase only, and while the stated objective of the parties is to obtain further phased-in increases at 6 monthly intervals culminating in the eventual achievement of a wages outcome comparable to those endorsed by some other tribunals, this is subject to further application.

Such further application will be considered on all relevant criteria and in the light of circumstances prevailing at the time.

I return now to the application proper.

Whilst this is a consent matter the burden on the parties to prove compliance with the Principles of Wage Fixation and public interest is no less than would otherwise apply.

In this instance the increases claimed would, if granted, exceed the 6% barrier applicable pursuant to the structural efficiency principle. Accordingly the matter can only be considered in its context of the "special case" principle which provides as follows:

"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 matter TA.73 of 1991 (incorporating TTLC No.15 of 1991) this question came before Anomalies Conference No.26 on 4 July 1991. Subsequently the President determined that there existed an arguable special case and referred it to me.

Having heard the parties and examined the exhibits presented I have concluded that the circumstances are special and that changes to the nature of the work which have been proven on the material before me, constitute a significant net addition to the skills and responsibilities required of teacher classifications referred to by the applicants in this matter.

Whilst this is a new award the assessment of the increase proposed is based upon adding 2.5% to existing wage rates contained in a registered agreement which was earlier tested before this Commission.

The parties have been able to persuade me that to grant the claim would not be likely to:

(a) adversely affect the "industry" concerned;

(b) adversely affect either the economy of Tasmania or the level of employment.

Rather the evidence before me is that the achievement of greater skills and flexibility of work of classroom teachers will enhance educational outcomes and contribute in a significant way to Tasmanian and national objectives.

For all of these reasons the application for an interim 2.5% increase is granted and the award will be varied accordingly.

OPERATIVE DATE

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

ORDER

The parties are requested to submit a draft Order.

 

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr P. Bevilacqua for the Tasmanian Catholic Education Employees' Association.
Mr W.J. Fitzgerald for the Tasmanian Confederation of Industries.
Intervening Mr G.E. Payne for the Minister administering the Tasmanian State Service Act 1984.

Date and Place of Hearing:
1991:
Hobart
May 7
August 5

1 T.3028 of 1991
2 T.2457, T.2609, T.2875, T.2884, T.2887, T.2888, T.2991 and T.2993 of 1991
3 ibid
4 ibid