Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award and others [2008] NSWIRComm 250

Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award and others [2008] NSWIRComm 250

Because the conciliation process had been exhaustive, significant issues concerning wages and allowances remained unresolved, the parties had not reached agreement to avert the proposed industrial action, and there was no reasonable likelihood that the dispute would be resolved by conciliation, the Commission was required to and did issue a certificate of attempted conciliation.

Jurisdiction
Australia
Judgment Date
31 December 2008
Procedural Posture
Industrial Dispute Notification and Award Applications for Variation and New Awards / Conciliation Unsuccessful; Application for Certificate of Attempted Conciliation Determined
Outcome
Certificate of attempted conciliation issued; dispute proceedings and any related application listed for directions.
Legal Topics
['industrial Dispute' 'award Applications' 'conciliation' 'industrial Action' 'certificate of Attempted Conciliation' 'arbitration' 'teachers Salaries and Conditions']
['industrial Relations' 'employment Law'] ['industrial Dispute' 'award Applications' 'conciliation' 'industrial Action' 'certificate of Attempted Conciliation' 'arbitration' 'teachers Salaries and Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Dispute Notification and Award Applications for Variation and New Awards / Conciliation Unsuccessful; Application for Certificate of Attempted Conciliation Determined

Legal Issues

  1. 1 ['Whether reasonable attempts had been made to resolve the industrial dispute by conciliation.' 'Whether there was no reasonable likelihood that the dispute would be resolved by conciliation.' 'Whether a certificate of attempted conciliation should issue under s 135(2) of the Industrial Relations Act 1996.' 'Whether the impending industrial action supported issuing the certificate so the parties could bring proceedings under the Act.']

Ratio Decidendi

Because the conciliation process had been exhaustive, significant issues concerning wages and allowances remained unresolved, the parties had not reached agreement to avert the proposed industrial action, and there was no reasonable likelihood that the dispute would be resolved by conciliation, the Commission was required to and did issue a certificate of attempted conciliation.

Court Disposition

Certificate of attempted conciliation issued; dispute proceedings and any related application listed for directions.

Orders

  • ['The Commission issued a certificate of attempted conciliation pursuant to s 135(2) of the Industrial Relations Act 1996.' 'The applications were to proceed to hearing on the dates fixed in March and April 2009.' 'The dispute proceedings and any application brought in relation to that matter, filed and served by...