T3633
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Public Service Association and The Minister Administering the Tasmanian State Service Act
Teacher Aides REASONS FOR DECISION This matter concerns an application by the Tasmanian Public Service Association (TPSA) for a conference pursuant to Section 29 of the Act to settle an industrial dispute. The dispute is between the TPSA and the Minister administering the Tasmanian State Service Act (the Minister) and the notification is described in the following terms:
For some time now the TPSA and officials of the Department of Education and the Arts have been discussing the means of achieving permanent appointments for teacher aides employed in schools and colleges. Presently teacher aides are employed for a maximum of one school year at any one time, but a number have been re-appointed during successive years, with instances given where some people have, in effect, twenty years service. Together with advice to schools and colleges concerning the possible granting of permanent status to aides was an instruction from the Deputy Secretary (Corporate Services) to District Superintendents dated 13 November 1991, that Principals were not to terminate or reduce the hours of teacher aides until further notice. The TPSA complaint is that this directive was not adhered to, and as a result some individual members have been prejudiced. The Minister's position is that there has been a practice since 1974 for schools and college Principals to make adjustments to both the numbers of teacher aides employed from year to year, and the hours of work of those retained. This position has been accepted and well understood because funding and other relevant factors which vary from year to year cannot be controlled. The Commission as constituted understands and appreciates the respective positions of both parties involved in this particular dispute. However, no simple resolution is available given the events which have already occurred. I believe it is of fundamental importance for the position of teacher aides who would have been eligible for permanent appointment to be preserved at this time. In other words, those who were working sufficient hours during 1991 should be eligible for permanent appointment and should not be prejudiced only by the fact that those hours have been reduced during a subsequent appointment in 1992. Accordingly it is my strong recommendation in settlement of this dispute that any teacher aides who were employed subsequent to August 1991, and whose hours of work would, but for a reduction effective in 1992, have been eligible for permanent employment, continue to be so eligible. I make a further recommendation, in the strongest possible terms, that any teacher aide who would ordinarily be understood to be eligible for permanent appointment but whose services were terminated subsequent to August 1991, be re-employed as from the beginning of the school year in 1992. These recommendations are consistent with what I believe to be the spirit and intent of undertakings given during negotiations referred to in proceedings. The matter will be adjourned sine die, but may be relisted upon request of either party.
A. Robinson Appearances: Date and Place of Hearing: |