Education Queensland v Queensland Teachers Union of Employees & Anor [2003] QIRC 46 (2003) 172 QGIG 1849

24 April, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1849 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 149 – Arbitration if conciliation unsuccessful Education Queensland AND Queensland Teachers Union of Employees and Another (No. B521 of 2003) DEPUTY PRESIDENT SWAN COMMISSIONER BECHLY COMMISSIONER THOMPSON 2 April 2003 REPORT ON DECISION (as edited) In giving their decision from the Bench on 25 March 2003, the Full Bench stated: “Because of the nature of the application made, we state that we have considered all of the submissions made but are not in a position, because of the urgency of the issue, to specifically respond to each issue in this decision. The application is made pursuant to s. 149 of the Industrial Relations Act 1999. We propose to grant the application with some minor modification and with some provisos attached. Section 149(1)(b) states as follows: ‘the commission considers it is not likely that further conciliation will result in the matter being settled within a reasonable time, considering, among other things, the history of industrial relations in the enterprise or industry to which the proposed agreement is to relate; or.’. Section 149(2)(a) reads as follows: ‘the commission has the arbitration powers that it would have under section 23030 if that section applied to certified agreement negotiations instead of industrial disputes; and.’. Section 230(4)(d) reads as follows: ‘make another order or exercise another power the commission considers appropriate for the prevention or prompt settlement of the dispute.’. Relying upon those sections the Order is granted. We briefly detail the reasons behind the making of this decision: 1. Apart from the private negotiations between the parties, there has been significant involvement by the Commission to assist the parties to resolve the matter. This course has proven to be unsuccessful. 2. With regard to the question of possible disruption to the school system, we would note that three parties are involved in this dispute – teachers, employers and students. At this point in time we have been told that some 12,000 students have been affected by this industrial action. This is not an insignificant factor for consideration. That this has occurred over a very short period of time is noted. 3. This action is noted as being simply that of non-protected action. 4. With regard to the question of possible exertion of pressure on the Full Bench, we state that, were industrial action to continue, it has long been the practice within this jurisdiction and others that whilst a matter is formally before the Commission, industrial action ceases. 5. It is not our intention to depart from the aforementioned practice. This is not a question of Law but a question of practice. This is but one of the considerations we have taken into account in making this decision. 6. Regarding the allegation that the negotiation period has been too short, the parties have had a reasonable amount of time and considerable assistance from the Commission in reaching a resolution and have been notably unable to do so. 7. This Order is to be effective from 4.00 p.m on 26 March 2003. This will ensure that the parties have adequate time to advise all relevant parties to ensure that there is compliance with this Order. 8. We are conscious of the concerns expressed by the Queensland Teachers Union of Employees as it goes to a range of questions (e.g. the health and safety of teachers and students) and would state that in addressing those concerns it should be understood that these matters can and should be appropriately addressed by reference to the Grievance Dispute Procedures in the Award. The Orders sought are in relation to the current Enterprise Bargaining campaign and are not intended to constrain the Union in the ordinary course of representing its members in circumstances of the like described. 9. We reiterate that the Order as sought is granted effective from 4.00 p.m. 26 March 2003. 10. The Order will remain in force until the conclusion of arbitration. 11. The Applicant is directed to draft the appropriate Order for signature by the Full Bench. Such Order is to be presented to the Registrar of the Queensland Industrial Relations Commission no later than 9.15 a.m. on 26 March 2003. We order accordingly.”. -- 1 of 2 -- 1850 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 24 April, 2003 Dated 2 April 2003. By the Commission, Appearances: [L.S.] E. EWALD, Industrial Registrar. Released: 2 April 2003 Ms J. Carberry for the State of Queensland. Mr P. Whitehouse for Education Queensland. Mr K. Bates and Mr G. Moloney and with them Ms K. Ruttiman for the Queensland Teachers Union of Employees. Mr M. Thomas, with him Mr B. Watson for Queensland Public Sector Union of Employees. -- 2 of 2 --