Department of Education and Training Teachers' Certified Agreement 2010 [2012] QIRC 446

CITATION: Department of Education and Training Teachers' Certified Agreement 2010 (CA/2012/52) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 176(7) - requirements for other industrial action by an employee organisation or employees Queensland Teachers Union of Employees AND State of Queensland (Department of Education, Training and Employment) (CA/2012/52) DEPARTMENT OF EDUCATION AND TRAINING TEACHERS' CERTIFIED AGREEMENT 2010 DEPUTY PRESIDENT BLOOMFIELD 18 October 2012 DECISION Background [1] On 13 July 2012 the Commission as presently constituted released a Decision in which it issued an Order for a protected action ballot pursuant to s.176 and schedule 4 of the Industrial Relations Act 1999 (the Act). The ballot canvassed with members of the Queensland Teachers' Union of Employees (QTU) their preparedness to participate in certain industrial action in support of claims made against the Department of Education, Training and Employment (DETE) for a new certified agreement. [2] On 19 September 2012 the Electoral Commission of Queensland declared the outcome of the ballot, which it had conducted following the issue of the Order described immediately above, and the protected industrial action period mentioned at s.176(3)(e)(i) of the Act commenced. [3] Subsequent to the declaration of the ballot, the QTU and DETE reached in-principle agreement about the terms of a new certified agreement. As a consequence of this development, QTU began a process of balloting its members on the proposed agreement, with the results of that ballot not being available until 26 October 2012. [4] On 16 October 2012 QTU made a further application to the Commission in which it sought to extend the protected industrial action period by a further 30 days, pursuant to the provisions of s.176(3)(e)(ii) and s.176(7) of the Act. [5] Having now been formally advised by DETE that QTU's application, as described at paragraph [4], is not opposed the Commission as presently constituted has decided that it is not necessary to conduct a hearing in relation to the application. As such, after considering the material filed by QTU, the Commission has decided that it is appropriate to grant the application and, accordingly, I now issue the attached Order. [6] I order accordingly. A.L. BLOOMFIELD, Deputy President. Hearing Details: 2012 18 October (in Chambers) Released: 18 October 2012 Appearances: Nil -- 1 of 1 --