T3028 and TA73 - 13 August
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Catholic Education Employees' Association CATHOLIC EDUCATION AWARD
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:
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:
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
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:
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:
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:
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:
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 Appearances: Date and Place of Hearing: 1 T.3028 of 1991 |