Education Queensland v Queensland Teachers Union of Employees & Ors [2003] QIRC 103 (2003) 173 QGIG 596

596 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 20 June, 2003 ######################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 149 – arbitration if conciliation unsuccessful Education Queensland AND Queensland Teachers Union of Employees and Others (No. B731 of 2003) DEPUTY PRESIDENT SWAN COMMISSIONER BECHLY COMMISSIONER THOMPSON 6 June 2003 DECISION The application before the Full Bench is made by the Queensland Teachers Union of Employees (the QTU) pursuant to s. 149(2)(b) of the Industrial Relations Act 1999 (the Act) seeking an interim order of 8% increase in salaries under the Department of Education Teachers’ Determination 2000 (the Determination) from 1 March 2003, pending the arbitration of the respective claims of the QTU and Education Queensland. This claim is supported by The Queensland Public Sector Union of Employees and opposed by Education Queensland. The Determination had a nominal expiry date of 28 February 2003. There has been no action initiated by either party to revoke the Determination. Whilst being mindful of s. 149(2)(b) of the Act, we need to consider the provisions of section 150 of the Act “Determinations made under s 149”. Education Queensland has stated in its submissions that: “There are technical difficulties in resolving in favour of the QTU claim. The Education Queensland Teacher’s Determination 2000 continues to operate until revoked and cannot be amended.”. Section 150 of the Act states as follows: “150 Determination made under s 149 (1) A determination under section 149 must specify a date, of no later than 3 years after the date on which the determination is made, as its nominal expiry date. -- 1 of 2 -- 20 June, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 597 (2) Subject to this section, the determination operates at all times after it commences and can not be amended. (3) The determination has effect subject to any conditions specified in it. (4) Before the determination’s nominal expiry date has passed, the commission must not revoke the determination unless satisfied – (a) the employer and the 1 or more organisations, or a majority of the employees, who are bound by the determination have agreed to the revocation (for example, because they propose to make an agreement under division 1); and (b) the revocation would not be against the public interest. (5) After the determination’s nominal expiry date – (a) the employer, or an organisation, bound by the determination; or (b) a majority of the employees to whom the determination applies; may give notice to all of the employees, or other employees, to whom the determination applies and persons, or other persons, who are bound by the determination and to the commission, stating that the determination is revoked with effect from a specified day. (6) The specified day must be at least 28 days after – (a) the day on which the notice is given; or (b) if it is given to different persons on different days – the day on which it is last given.”. The order sought by the QTU, under the heading of “Relationship to Existing Awards, Agreements and Determinations” is that the order should be read in conjunction with: “Department of Education Teacher’s Determination 2000; Teacher’s Award – State; Community Teachers, Assistant Teachers – Aboriginal and Torres Strait Islander Community Schools Award – State; Permanent Part-Time Teaching in State Schools Industrial Agreement; and Specialist Teachers in State Primary and Special Schools Industrial Agreement.”. In light of the fact that: (a) the Department of Education Teachers’ Determination 2000 is the instrument currently binding upon the parties; (b) the nominal expiry date of that instrument was 28 February 2003; and (c) the Determination has not been revoked by either of the parties. we have determined that we require further submissions from the parties on s.150 of the Act. The Registrar will notify the parties of a date for the hearing of further submissions on this point. At this stage, we see no need to issue particularised Directions Orders on this matter. The matter under examination relates to a discrete section of the legislation. We order accordingly. D.A. SWAN, Deputy President R.E. BECHLY, Commissioner J.M. THOMPSON, Commissioner Hearing Details 2003 30 May Appearances: Ms J. Carberry for the State of Queensland. Mr P. Whitehouse for Education Queensland. Mr G. Moloney and with him Mr K. Bates and with them Dr J. McCullow for the Queensland Teachers Union of Employees. Mr J. Spriggs for the Queensland Independent Education Union of Employees. Mr K. Cuddihy for the Catholic Education Employing Authorities Queensland. Mr J. Redsell for Grammar Schools and Lutheran Education Queensland. -- 2 of 2 --