TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

The Minister administering the State Service Act 2000
(T13857 of 2011)

TEACHING SERVICE (TASMANIAN PUBLIC SECTOR) AWARD

COMMISSIONER JP McALPINE 
HOBART, 22 June 2012

Award variation – remove details of timing of annual recreation leave – introduce minimum quantum of leave entitlement – change to leave expenses for teachers on Bass Strait islands operational from beginning of school year 2013 - parties consent – award varied - ffpp on or after 22/6/12

DECISION

[1] On 16 December 2011 the Minister administering the Tasmanian State Service Act 2000 (the Applicant) applied to the President, pursuant to Section 23(1) of the Industrial Relations Act 1984 (the Act), for a hearing before a Commissioner in respect of a variation to the Teaching Service (Tasmanian Public Sector) Award (the Award).

[2] The Commission has convened on ten separate occasions to hear the matter over approximately four months.  The protracted timeframe was partly due to the applicant amending the application a number of times.  At periods throughout the hearings both Mr M Watson and Mr P Turner appeared for the Minister.  Mr C Lane and Mr M Upston appeared for the Australian Education Union, Tasmanian Branch (the Union).

[3] This decision follows two previous decisions handed down by this Commission pertaining to the same matter dated 23 March 2012 which addressed a threshold issue and 16 May 2012 which addressed a jurisdictional issue.  Also on 27 March 2012 the President handed down a decision pertaining to a request by the Union for the matter to be dealt with by a Full Bench.

[4] On 15 June 2012, the Commission received a further amendment sought by the Minister.  However this final amendment was with the agreement of both parties.  Correspondence has been received to that effect.

[5] The amendments sought to vary Part IV – Clause 4(a) – RECREATION LEAVE TEACHING STAFF to detail the quantum of leave and confirming that the timing of such leave will be as specified in the relevant Ministerial Direction.  Part IV Clause 4(d) – PAYMENT IN LIEU OF RECREATION LEAVE OR RECREATION LEAVE ADJUSTMENT (PENALTY/CREDIT) was also amended to update the formula used to calculate such adjustment.

[6] On 18 June 2012 the parties requested a further brief hearing with the Commission to further amend the application.  The final amendment sought was to vary Part IV – Clause 2 - LEAVE EXPENSES – BASS STRAIT ISLANDS (a) by replacing the words “three time” with “four times” to reflect the change from the three to four term school year.  A hearing was convened on 22 June 2012.

[7] I am satisfied that the variations do not offend public interest as required by the Act.  The variation as denoted above is approved.  I am also satisfied that there is no diminution of the minimum amount of recreational leave currently enjoyed by teaching staff.

[8] The order reflecting this decision, with an operative date from the first full pay period to commence on or after 22 June 2012, is attached.  The change to Part IV – Clause 2(a) is operational from the beginning of the school year 2013

James P McAlpine
COMMISSIONER

Appearances:
Mr Paul Turner and Mr Mark Watson for the Minister administering the State Service Act 2000
Mr Chris Lane and Mr Malcolm Upston for Australian Education Union, Tasmanian Branch

Date and place of hearing:
2012
Feb 14, 29
March 8, 27
April 23, 26, 27
May 4
June 22
Hobart

<TIC005/2012>