Teachers (Non-Government English Colleges) (State) Award [2003] NSWIRComm 20

Teachers (Non-Government English Colleges) (State) Award [2003] NSWIRComm 20

The Commission was satisfied that the matter was not ordinary and that special attributes, including the history of industrial regulation, evidence suggestive of undervaluation and the need to set fair and reasonable conditions, justified granting the IEU wage claim in part. However, the evidence did not justify the IEU claims on face-to-face teaching, attendance and public holidays. The 35 point ceiling on experience points was an inadvertent and unfair inconsistency and should be corrected to 40. Employers First did not establish that the existing hourly casual divisor or preparation payment operated so unfairly or unreasonably as to warrant the claimed alterations.

Jurisdiction
Australia
Judgment Date
09 May 2003
Procedural Posture
Applications by Union and Employers for a New Teachers (non Government English Colleges) (state) Award / Decision After Joined Concurrent Hearing
Outcome
Special case made out; IEU claim granted in part; Employers First claim refused; new award made.
Legal Topics
['special Case Principle' 'fair and Reasonable Conditions of Employment' 'non Government English Colleges' 'casual Teacher Rates' 'experience Points' 'face to Face Teaching and Attendance' 'public Holidays']
['industrial Relations' 'award Making' 'wage Fixation'] ['special Case Principle' 'fair and Reasonable Conditions of Employment' 'non Government English Colleges' 'casual Teacher Rates' 'experience Points' 'face to Face Teaching and Attendance' 'public Holidays']

Case Brief

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Procedural Posture

Applications by Union and Employers for a New Teachers (non Government English Colleges) (state) Award / Decision After Joined Concurrent Hearing

Legal Issues

  1. 1 ['Whether the IEU made out a Special Case for wage increases and changes to conditions in a new award.' 'Whether rates and conditions in the existing award were fair and reasonable under s 10 of the Industrial Relations Act 1996.' 'Whether the award should regulate face-to-face teaching, attendance time and public holiday entitlements as claimed by the IEU.' 'Whether the 35 point ceiling on experience points should be increased to 40.' 'Whether Employers First made out a case to alter the hourly casual divisor from 5 to 7.6 and remove or alter the preparation time payment.']

Ratio Decidendi

The Commission was satisfied that the matter was not ordinary and that special attributes, including the history of industrial regulation, evidence suggestive of undervaluation and the need to set fair and reasonable conditions, justified granting the IEU wage claim in part. However, the evidence did not justify the IEU claims on face-to-face teaching, attendance and public holidays. The 35 point ceiling on experience points was an inadvertent and unfair inconsistency and should be corrected to 40. Employers First did not establish that the existing hourly casual divisor or preparation payment operated so unfairly or unreasonably as to warrant the claimed alterations.

Court Disposition

Special case made out; IEU claim granted in part; Employers First claim refused; new award made.

Orders

  • ['A new Teachers (Non-Government English Colleges) (State) Award is made with effect from the date of the decision.' 'The new award will remain in force for a period of 3 years.' 'Monetary rates are increased by 3% from the date of decision, 3% from 6 months thereafter, 4% from 6 months thereafter, and 4% from 6...