Education Queensland v Queensland Teachers Union of Employees & Ors [2003] QIRC 104 (2003) 173 QGIG 597

20 June, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 597 ######################################################################################################################### ## 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. B481 of 2003) DEPUTY PRESIDENT SWAN COMMISSIONER BECHLY COMMISSIONER THOMPSON 6 June 2003 REPORT ON DECISION (as edited) In giving their decision from the Bench on 26 May 2003, the Full Bench stated: “Given the imminent nature of the next hearing before the Commission in terms of the arbitration we have made this decision. -- 1 of 2 -- 598 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 20 June, 2003 Having heard the submissions of the parties on today’s date and those persons wishing to intervene, we have determined to adopt the following course. We accept the general thrust of the submissions made by the Queensland Teachers Union of Employees (the QTU) from points 24 to 27 in their written submissions. This would preclude intervention on the basis sought by the interveners today. However, section 149 (5)(c)(11) of the Industrial Relations Act 1999 (the Act) places a mandatory obligation on the Commission to consider the public interest. In acting upon that obligation, it is our intention to seek written factual commentary only from those seeking to intervene in the matter together with the Queensland Independent Education Union of Employees (the QIEU) on the question of the likely effects of any wage increase on the non-government sector. The situation at hand represents a discrete set of circumstances not common to matters before the Commission generally. We note that reluctantly the QTU proposes an alternative course (supported by the QIEU) in the event that intervention was granted. We believe that proposition to be in excess of what is required and appropriate in these circumstances, therefore, intervention as sought is not granted. However, the Commission will accept from those proposing intervention, written factual commentary as to the likely effects of a wage increase as sought. In the event that parties directly involved in this arbitration believe that the written factual commentary is inaccurate or would have the opportunity to mistakenly inform the Commission in any way, then we would be prepared to listen to debate around the issue and in that vein we would reserve our position on that point. As and when those matters will arise as a matter of fact and be required to be acted on, will be something that will be dealt with by the Commission during the course of the Arbitration. On that basis we order accordingly and will adjourn, thank you.”. Dated 6 June 2003 By the Commission, [L.S.] E. EWALD, Industrial Registrar. 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 --