Department of Education and Training Teachers' Certified Agreement 2010 [2012] QIRC 61

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 - 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 13 July 2012 DECISION Background [1] In a Decision released on 11 July 2012 (CA/2012/47) the Queensland Industrial Relations Commission (Commission) as presently constituted refused an application by Queensland Teachers Union of Employees (QTU) filed on 9 July 2012, in which it asked the Queensland Industrial Relations Commission (the Commission) to issue an Order for a protected action ballot pursuant to s. 176 and Schedule 4 of the Industrial Relations Act 1999 (the Act). The group of employees proposed to be balloted were all financial members of QTU employed under the Department of Education and Training Teachers' Certified Agreement 2010. [2] QTU's application was refused on the basis that the proposed question to be put to the employees to be balloted did not include sufficient description to enable employees to identify "the nature" of the proposed industrial action which they were being asked to vote upon. [3] On 12 July 2012 QTU lodged a fresh application which contained the following question to be put to employees by ballot: "In support of reaching an enterprise agreement with the Department of Education, Training and Employment do you wish to organise and/or engage in separately, concurrently and/or consecutively, the following protected industrial action against the Department of Education, Training and Employment? 1. An unlimited number of State wide, Regional or Workplace bans? 2. An unlimited number of State wide, Regional or Workplace limitations? 3. An unlimited number of State wide, Regional or Workplace stoppages of work of 24 hours duration?". [4] QTU's fresh application (i.e. CA/2012/52) was not opposed by the representatives of the Department of Education, Training, and Employment (DETE) as such, but the representative requested the Commission to delay its consideration of QTU's application pending progress of a separate notification of a Declaration of breakdown in negotiations and request for assistance from the Commission, made pursuant to s. 148 of the Act, which DETE (also) filed on 12 July 2012. [5] In pressing the Commission to delay its consideration of the QTU application, the representative of DETE stressed the potential for significant waste of money if the parties reached agreement about a new certified agreement or the Commission decided, pursuant to s. 149 of the Act, to refer the matter for arbitration if conciliation was unsuccessful. If either event occurred the need for a ballot to canvas QTU members about taking protected action would be unnecessary. [6] After considering DETE's submissions I ruled that I would not delay consideration of QTU's application on the grounds advanced. In doing so, I indicated that the proposed timetable prepared by the Electoral Commission of Queensland (ECQ) in relation to QTU's potential ballot did not envisage ballot papers being mailed before 8 August 2012. Further, the ballot would not close until 14 September 2012. In my view, the time-gap between 13 July and 8 August 2012 allows sufficient time for the matters raised by DETE to happen without the whole of the ballot process having to be delayed. [7] Further, Schedule 4 - s. 11 permits either QTU or the ECQ to apply to the Commission to vary any protected action ballot Order it might make, including mailing date, while the Order remains current. -- 1 of 2 -- 2 [8] Accordingly, in circumstances where I am now satisfied that the question proposed to be put to members of QTU in the proposed ballot is framed with sufficient clarity to enable the employees to identify the nature of the proposed industrial action which they are being asked to vote upon, and all of the other matters I am required to consider under Schedule 4 have been met (see paragraph [15] of Queensland Teachers Union of Employees AND State of Queensland (Department of Education, Training and Employment) (CA/2012/47)1), I now issue a protected action ballot Order in the form appended to this Decision. [9] I order accordingly. A.L. BLOOMFIELD, Deputy President. Hearing Details: 2012 13 July Released: 13 July 2012 Appearances: Ms T. Edmonds and Ms P. Bousen for Queensland Teachers Union of Employees. Mr D. Waters, Mr T. Barlow and Mr D. Honor for the Department of Education, Training and Employment. Ms K. McGill for the Public Service Commission. 1 Department of Education and Training Teachers' Certified Agreement 2010 (CA/2012/47) - Decision http://www.qirc.qld.gov.au. -- 2 of 2 --