Notification under section 130 by the New South Wales Teachers Federation of a dispute with Department of Education and Training re changes to TAFE teacher education programs [2008] NSWIRComm 117

Notification under section 130 by the New South Wales Teachers Federation of a dispute with Department of Education and Training re changes to TAFE teacher education programs [2008] NSWIRComm 117

The Commission had jurisdiction because the interim and proposed new awards dealt with conditions of employment of permanent TAFE teachers after appointment, not appointment or failure to appoint to vacant TAFE positions within s 19 of the Technical and Further Education Commission Act 1990. However, clause 43 of the current Award precluded the Federation from pursuing claims during the Award's life about mandatory higher education qualifications, consequential salary progression limits and additional release time, because those matters were expressly regulated by the current Award. Clause 43 did not preclude claims for upfront payment of tuition and administrative fees for teachers,...

Jurisdiction
Australia
Judgment Date
13 June 2008
Procedural Posture
Industrial Dispute Notification Under S 130 of the Industrial Relations Act 1996 and Application for Interim and New Awards Under S 136 / Notice of Motion Seeking Dismissal for Want of Jurisdiction and Breach of No Further Claims Provision Before Programmed Arbitration Hearing
Outcome
Jurisdictional objection rejected; no further claims objection upheld in relation to teacher qualifications, salary progression and release time, but not in relation to payment of tuition and administrative fees; matter listed for mention.
Legal Topics
['award Making' 'tafe Teachers' 'jurisdiction of Industrial Relations Commission' 'no Further Claims Clause' 'teacher Education Qualifications' 'salary Progression' 'professional Development Release Time' 'tuition and Administrative Fees']
['industrial Relations' 'employment Law'] ['award Making' 'tafe Teachers' 'jurisdiction of Industrial Relations Commission' 'no Further Claims Clause' 'teacher Education Qualifications' 'salary Progression' 'professional Development Release Time' 'tuition and Administrative Fees']

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Procedural Posture

Industrial Dispute Notification Under S 130 of the Industrial Relations Act 1996 and Application for Interim and New Awards Under S 136 / Notice of Motion Seeking Dismissal for Want of Jurisdiction and Breach of No Further Claims Provision Before Programmed Arbitration Hearing

Legal Issues

  1. 1 ["Whether s 19 of the Technical and Further Education Commission Act 1990 deprived the Commission of jurisdiction to entertain the Federation's claims for an interim award and a new award." 'Whether the proposed award provisions concerning teacher qualifications, salary progression, payment of fees and reductions in direct teaching time were precluded by clause 43, No Further Claims, of the Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006.' 'Whether any precluded claims should be dismissed or stood over until expiry of the current Award.']

Ratio Decidendi

The Commission had jurisdiction because the interim and proposed new awards dealt with conditions of employment of permanent TAFE teachers after appointment, not appointment or failure to appoint to vacant TAFE positions within s 19 of the Technical and Further Education Commission Act 1990. However, clause 43 of the current Award precluded the Federation from pursuing claims during the Award's life about mandatory higher education qualifications, consequential salary progression limits and additional release time, because those matters were expressly regulated by the current Award. Clause 43 did not preclude claims for upfront payment of tuition and administrative fees for teachers,...

Court Disposition

Jurisdictional objection rejected; no further claims objection upheld in relation to teacher qualifications, salary progression and release time, but not in relation to payment of tuition and administrative fees; matter listed for mention.

Orders

  • ['Matter listed for mention at 10am on Monday, 16 June 2008.']