Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award and others [2009] NSWIRComm 2

Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award and others [2009] NSWIRComm 2

Because conciliation had been exhaustive, significant issues remained unresolved, the Commission was fully appraised of each party's position, and the parties requested a recommendation with a good prospect of acceptance, it was appropriate to recommend a fair compromise settling the competing applications, including salary and allowance increases and a process for unresolved TAFE cost savings issues.

Jurisdiction
Australia
Judgment Date
21 January 2009
Procedural Posture
Competing Award Applications for Variation or Making of Awards Concerning Salaries and Conditions of Employment for Teachers in Government Schools and TAFE / Recommendation Following Conciliation
Outcome
Recommendation made for settlement of the competing applications.
Legal Topics
['award Applications' 'salary Increases' 'public Sector Wages Policy' 'conciliation' 'recommendation']
['industrial Relations' 'employment Law'] ['award Applications' 'salary Increases' 'public Sector Wages Policy' 'conciliation' 'recommendation']

Case Brief

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Procedural Posture

Competing Award Applications for Variation or Making of Awards Concerning Salaries and Conditions of Employment for Teachers in Government Schools and TAFE / Recommendation Following Conciliation

Legal Issues

  1. 1 ['Whether the competing applications for new or varied awards concerning teachers in government schools and TAFE could be resolved by conciliation or required further intervention by the Commission.' "What recommendation should be made to settle the parties' respective claims for salary, allowance and condition changes." 'How any remaining issues concerning TAFE cost measures should be dealt with.']

Ratio Decidendi

Because conciliation had been exhaustive, significant issues remained unresolved, the Commission was fully appraised of each party's position, and the parties requested a recommendation with a good prospect of acceptance, it was appropriate to recommend a fair compromise settling the competing applications, including salary and allowance increases and a process for unresolved TAFE cost savings issues.

Court Disposition

Recommendation made for settlement of the competing applications.

Orders

  • ["The Commission recommends that the respective applications be settled in accordance with documents incorporated within the Commission's files in Matter No IRC 2042 and 2043 of 2008, bearing today's date and initialled by the Commission." 'The Recommendation provides for salary and allowance increases for teachers...