Department of Education v Queensland Teachers Union of Employees [1998] QIRC 94 (1998) 157 QGIG 172

172 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE I 3 March, 1998 ############-############-IW##-######11/t###################### QUlst:0-'SLA�D l'.\Dt.:S l'RlAl. RELATIONS COMMISSION \\forlq,lac<' l<elmioll,, AC/ /997 .-.. 55 appli(;alinn to ccnninalt.' hargaining period ancJ c.\cr<.:i-;1.: arhitr�il fl()WCr, Deparun�nl of hh11:;1tio11 AND rNn. !lln/13 o( l<J'iij TEACHERS' A\\'AJU>-STATE COM:'<lt:NITY TEACHERS, ASSISTANTTEACHERS AUORl(;INAL AND TORRES STRAIT ISLA"IJ)ER COMMUNITY SCHOOLS' AWARD-STATE COMMISSIONERS l'ISHER. HLCHL Y AND �t.:1TEI{ 27 Fehrutu")- 199!> Applic:1tion tn tL'rmim1h.: bargaining r�riod - Pre, i<1u:,.. dccisi,,n - N�g(1tia1c•d solution 1101 a,hic, abk -- Conil.!Xt of arhirnition - Hi.,trn") or di,pwc I A!at.ling School.... program Stopp;1gr.:� - Hallnt <11' 111<.!mhcr� - Conference Commission Rc't:omm.:nda1ion ·- lkpann,crn ap1 >lk:nion to 1ennina1c harg:iinin g pcri1..>d 4- Rarg�1ining J><.:riod h.:nnin�ttcd - Full B1..�nch Jcci,ion _ ' \ . ) -l - Ca�e Law -· Param-..'ll'r� of arhitraflo n - Cnmmi:-.:-iion rcspon� - Rea,on, i<>r Jt'ci,ion 2/lll/97 -- s . :>5 Ca� I .a\\ - l"uc, to he arbitrated - Sal:irics anti Ath·ancetl Skilb Teacher, - Teacher 11u111hcr, anr.l :lltnu;tiun r.1tc:-. Ca,(! L�1,,. - R�h1ti,T dcdin� uf tt·ad1cr:-. !->;1laric., - Nationaf hern:hmark - Salary dc1cr111ina1i,111 •- AST Cl,1Ssililations - Ca,ual supply h.:adicn. TUTA k-av1...� �· Outcom..:- of ;.tl'hit1·,uio11 . A,vard to be made Award IO Ctllllll)Cncc 1/INX l'artic, [,) prepared dr:,n ,\w;inl within 28 day:-. nf rd<.�asc of dccbion. DECISION On I.'> Scplcmt>cr 1997 Commi,s1nn.:r Fisher de,·i,kd L<> 1cn11i11a1c: the b;.1rgainin,:! p�riod inilitllcd h) 1h1.: Quccn�lanJ 1\·ach...·r, U nion uf 1--.mph)yc'-.!� f()Tl; l v. ith respect to b.l11ca1ion Qu�cnsland I -�ii 0· J In �ivin� her d1.·d'.'\ion frt�m the Bendl. 1he (' onrn1i�:-.ioncr :--c1id:- · .. ... ''Th� Dcpartmcnl nf Edu..:ution ha, applk-d l<' 1�rmim1h..� the hurgaining p.:ri,,d initiated by th.: Quccn,land Tead1cr, linion "n I I Deccmncr 1<!96. The QTli have adl"isc<J or thc·ir ,<>11'Cnl 1n 111<: application on th,· ba,i, that the panic, \\ ,,uId 1hc11 jnintiy ,eck arh11rn1i1111 �hould conciliHtion und(!r ,0c1i1.m 5512, or 1h� Wi,rl,ploc c RcluthnH Art /997 fail Sc.::etion 5...tc I) of the i\«.'I μh·t'.', 1hc Cornrni,-.ion l hi: power 10 tcrmina1e the tiaq;alning 1x:riixl ff. afh:r gi\'ing the l1l'�oti:ni11g ptinic:-- 1.hc oppor1uni1y 10 he hear,1. it i, ,111isli.:,I 1ha1 an, of the cir-cumstan,·c, in :'\Uh�.x,ion, f I J h> (i) �f ,i.:t ·lion 5➔ or the A�1 i...'.\i,l:-. or -:.,i�h...·d. Both panic, ha\'-.! ,uhmiucd 1lw1 1hc rirL·umsLancc, <.k:1�1ih:<l in ,uh,L·dion (".'l cxi-.b nr exi,tcd �111eJ accord int!h' I rdv on thi'.'> lll t·rn11,.:ludL' tlh: h:1r)!aioing pc,iod ,hould he t<-rmh1:i1,·<l. · In partic-ular the p:init, ha,e . ,ubmi11ed that ,·,tt·h ,,f paragraph, (11/. Chi and (cJ or sub,.:ction 17 J or ,ce1ion :14 ha,·� hL'"n met in that the subjc<"L �1\., ,.m,I;-. hav� t'll..'cn t.:on'.'>idcn:d to h� paid ratl'S award� anti there b. no rl.'.a�nnahk prosp,xc or the ncgutialing p.ani1.;\ r-.:a(;hing an ,,g.n.: :\!m�ot undl!r Di, i-.i\W l\,p durint? 1h� h:..irg\tining pc:riod. Both panic, ha,·c al,o prnvi,bJ their 1x·r,p,,.._,1iv.:, nf the hi,1<,r) of 1hi, mal!cr. Thi, hi,1c11Y ampl) lkt11<11is1ra1,·, that while conccrt<:d effort, h:ne hci:n made h)- thl' paniL'�. �igrc,.-d ouh.·omc..�.., on all mam...'r, ha,c l">l:cn unahk to Ix: a<.:hkvcd. Ckarly rrnrn what I have ,aid. hoth n�g<)liating panies hah! �en g1,cn th�' opponunity to be h!.!arU c111 1h� 4uc,1ion of whether the t>argaining 1-.:rio<l sh11uld t>c: tc'nn111a1,�J. The Cornmi,,ion i� ,a1i,tkd. ha, in_\! nnw heard rrom "ad1 of 1h.: 1��otiating p;1nk·�. that the ,._-in:umstanc:� pr1...·�rifx'tli n :,;,.:�tion )➔(7) vf the A,·t cxis1s or existed. /\cc·onlingl) the Commi,sion dc1crminc, Ill ex�rci-.c ih po\\'L'f unclL·r -..Ct:lio11 5-H J; of the..': "\cl to h:nnin�Hc 1hc 13 March, 1998 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 173 hargainin� period. I now propose tu adjourn thi� mancr into conferencl.! w ,k1cnninc "hcthcr there is any prnspe.cl of a rnnciliat�d outc1u11.: on the..' oublandi ng mau�r.... Suc.:h �•<:lil>ll i:-. lx-ing taken in at·cnn.lann: v;i1h ,cc1inn )."i llf the Ac1:·. (p. I . 1 oftrnnsnipll The j<>int approad1 to the Comrnbsion li1llowcd an agrcemcnl 10 rca�c 11ostilitk� when ii OCcam'-.! ahundantly d�ftr 1ha1 a ncg01iak:d �olu1ion "Na� nol achkn1t>k tbpnc the bc,1 clfo11s nr the parti<!,. The di,putc between 1hc QTU ,,ncl Ed Q "a, certainly their 1110,-1 damaging in rct:cnl memory. Th� public and political profile or the th,putc conlributc'<l 10 this. It wa, dc•,:rih(;<.I '" hiucr according In 11-k: Dircc1or•Gcncral. Frank Peach. who ,aid in c, idencc 1ha1: - - ··W, • had. tn 1ha1 time. engaged in what I con,idcr to he the mnsl t>illcr di,p111c l,c1wccn the QTU anti hlucalion Qucrn,laml ... in <itir histc>r). Tht' image of publi(.. (..'tiucatil'n wa, being ,lrnm,ui(..ally diminished. in my dc1 ,'-. h) whal was hap1x:ning. \V.:, had :,ignificanl cJivi,..ion:,, i n s-hoob between principal, and teacher,. ... amongst 1cuchcr,. hctwecn u.:achcr, and their �hool l.:lllnmunitic'.'\. tht:ir fXtrc..'nt n.m1munitics. It was ck.,r 1hm 1crnrcr, v-crc very fraytXI. Cp. 421 J We ,hall h:l\� more lo ,ay ahou1 the conduct of the panic, throughout this d(..'t:i,ion. CO�TEXT OF ARlllTIU TION Ttl �in· coJllt"XI l<) th1.: tlc....:bjon 10 tcrminat� lhe hargaining pcrir'U. W(; propnsc to trawrse th.; history of the di,put,·. The first cmcrpri,e harl-!ain h;id :Ill expiry elate of I March 1997. The QTU licplll w formulate i1, cm.,rpri,c bargaining dairn in IVlan.:h 1996. Six month, later. the Stale C<>uncil of tht' Union idcntilied the pnndpal i,;sucs which th.;y sought to pursu e in nl.!go1iatinn,. Th.:sc mau.:rs. which ,wrc communicated I<> F:<l Q in hrnad term, in corrc,pon<Jencc dalcd 2'.l ScplClllht'r I')96 included la, rclC\lllll l<) the arhi1rati1 1n):- • •i1s dedarcd priority i, ,alary inaca,c, (not th�n quantified lour p�1rcmh�sis)J ,,.,·hich pnwidc some n....-dn:....:-- ol' 1hi.? rclali\'e <.fr:dine of 111tmlx:r�' ,alnrics a, well a, providing 1<,r antic1palcd w,1 of living iru..·fca,,c:-- during tht' lif� of the ;,)!,!rccmc..:nt ,vithoul trad�-off-; ;,md wnhoul inc-rc,Lses in workloads." and: '\:rnnrni1111t.·n1s 1n ensure th1..• eff crtin� functioning and tr:1ining of union \\.lH'k. plan.· dclc!!�llt::-. and �H.:,i, i:-.t:-.:·. i\ fin;il dctcnninmi on nf1hc ,alary ,·,1mrrn1.:-111 or the Union ·, daim was rn:1<k :it its Stale C'nun<:il meeting on 9 Nm·e111hcr 19()1) "nd advi,e<l 10 F,J Q al a 11w...·1ing th"-' f'o11owin� w-. .:ck. The Union ,cm �• con�>litlatcd daim l(} Ed Q on 1 1 Dcc:�mber 1\/W, and on the same day lilcd a "ioticc of lni1i,ni,m or 13,ir�«ining Pcri<ld in the lnduSLfi;il Registrar·, Off ice. In ll�rms nf it:-. �alary daim l(H' teacher:,; of an ;1,ggn:ga1c l O'if pc.:r annmn u,·cr lhl' ii IC <,f the agrcL!-mi.:·nL thl'.' fplJowing information w:1, put f1.11'\\-�lfd in ,uppon: I . Thi: maximum incrc111t·111al <.ialary o r a fom·�ycar 1rnincd 11.!acher ha� fallen b) �5'i compared with ;\,·eragc Weekly Ordinary Tim� E.u·nin)!, ,in,c I IJ79: The maximum incremental ,alar) or li1ur•)Cllr trained 1�:ichers ha, falll!n in real term, hy '2I <,t since 1976: :�. !\'S\.V tcachl':r:-. ha,·c �t't.'.un:d ag.rccn1e111 f(1r a maximum inc..:rcmcnl�1I ,.,1,111 for d.i"n>om 1ead1crs or $50.000 rrom I January I999: -1. WA Leachc-r, a, a rc,uh of thdr existing agr�c,nenl will rc'cci,·c almt,;\l 6',� mor1.· than Quccn�land lt:;.u.'hl!r� from I Januarv l <JCJ7 as �, r..::�ul1 of �1 7.5'k m1..Tt'a,c: 4 5. The wor� ,·;,luc and wrn·ldoad, 1>f (,.luccn,land tcal'licrs have i111...�rl!a,c<l �uh'ltan1iall� in n.::"°cnl �\:ar� ;h ,1 r�!'lult <,f sign ili...-ant ehangc, in Qucen,land cdu,·aiion: (\. There is substantial i..:Vidcrn.:c of a na1ional �hor1a�c 1.1f tl2'adlC'I'� in th\! very near future ncc.:cs:-iil..ilin!,:. '\ignili<.:unt real incrca:,;c:,;. in tC<h.:hi.:r :-.<il<tric, and nolliPnally comp�1itivc rate:-. c.,f p(1y: 7. Survey., such a, the Thin! lm< ' rnati,111al Ma1h, ancJ Scienc:e Study have idcmilicd widespread di,.,,a1isfoc1it1n nnd a desire 10 lcaw the pn)fcs.:-.icm arr1<mg�l 1e�1cher!-. The QTU al,o ad,·i,cd that it would 1101 agrc-c 10 trade -off, of workin)! condition,. teacher numbers or essential rc,ourrc, a, pan of 1hc enterprise bargaining prvccs:--. It �aid:- ..C<1nccp1� t'f productivity ha:--cd on t:o�t .,,,vin!l c1pproac..:hc:-. have been <lcmon,tratcd foilurc, in the e<lurntion industry. ... A ,inglc bargaining unit wa, cslalllishcd in Dctcmher I 996 and preliminary nC&l>liatiom: fnr a �.cond �nlcrpri:-.c h;.1rg,1in c:omm�nced un th1..� eleventh ofthat month. The QTU were critical that Ed Q had not rcc.:cil'cd formal cndorscmrnl of its nc1!01ia1in!! parameters until 18 January 1997. ,ix weeks rdi>rc the l!r,1 certified agrec111�n1 was due to cx1Jirc. Negotiation, h..: gan in earnc:-.t ()Jl 10 Janu;.u·y with chr :-,ingk hargaining unit mL-eling 1hcrcal'tcr on� twict· w�ckly ha!--l�. While it i., dear 1ha1 thb tardiness ddayc<l detailed nc·g(>tiations on all nuttt�rs. the Govc111111\mt':,; pn�ition l) t\ :-,ahirics ha<l hci.:n unnourn.:cd through the m�dia on X Novernhcr 1996. On ol'li:r ""' an 8w maximum Wa)!C in..:rta�c over � yeurh. Ac a mc...:ting wi1h puhlit'. !\Cctor Uni\)lb that day Government rcprcSl.!nl:llivc, aJ,·isccl tl1a1 onlv YA pc'r annum wa, l<> Ix: ,upplementcd with additional fund, fr<>m Trc,bt11·y wi1l1 any further incrca�c� hl lie funded t-,y cost saving,. Thi, po.,ition wa, dearly inimical lo the Union. On 9 February 1997 the Minister li>r Education an11<>unccd the· Leadin� Schools pr,1g1\1m as a major rc,1ru,H1rc or Ed Q. Thi, wa� a key g<wt'rn1nc,;t inilialivc with �, ccnlntl foaLurl.' bcin� 1hc de\'olution or <h..·ci�ion makin!! rcspon,ibili1y and ac..-ou111ahili1y 10 ,d;1x,I, and c:,pe,ially lO principals. - The indusi,,n ,,r 1he Leading Sch,xJls p1w_irnm into the cmcq1ri,e hargain ing nc1,wtia1ton'.'I funtlamemally altl.'rcJ the dircctinn and mllun:: of the nc.\!miation, a, v.cll a, the rcbti,m, lX'lwccn 1hc p, incipal players -- the QTU and Ed Q. The \kci,io11 had the effect or clouding the :-;1lary nc�rniatinns and seemed 10 harden the rc,olvc nr the QTU in pursuit or its daim. The inclusion of this is�mt al :-.uch a l:.llt� \tagc. three wc.:ks hd'«>•� th� .:xpiry of 1hc agrt.'i..'ment. almoq incvi1ahly mcunl thal ;1 new agn.:cmcnt wa� going to he ddaycd. po.,�ihl, for a rnnsidcrahk period. Tlm;c days or inten"vc neg(ltiation, <:ommcm:ed 011 I 7 February 1997. In an effort lo read, �l!_.!rccmenl J-,,d Q offon.:d al thi.:- t)llt,cl a I '111; �;1lary inrrta:--c over a three..: yl.!ar pl..'rio<.I ,vitht,ul thl.! need for cc,�t .•;a, ing:-.. \Vhilc the :-alary quantum on oll�r wa:-. th..: �an1c across th...· whnk- of g(wt.:nmK"nt the position of nm rcquifin& co,t 1,ff,cts had hcen a�hie,ctl b) Eel () after h�ir<l har!,!aining wi1h Tn: :a�ury and a:-. a rl.!,uh nf the t.k'l.:i,ion to indud� lhL' Leading Sch<x1ls prni;r.1111 on the :igcnda. Only the Hcal1h Dcpanmcnt had heen ahk tn Sc..'<..:Urt· a similar posilim1 with rcspc..:t lo not requiring to�t off:-cts for "1lary in,rc:1'c, f,1r round 1wo of cm.::rpri:,e bargaining in the Sia" Puhlk· Sc"or. Dc,pitl! the am�ndcd ,alar) offer. the QTU rc.iet:lcd it. Folhv.;. tng the .: •aak·matc.� in nc@otiation� und thl' nnminal cxpir} l)i' lhe existing ccnilicd agr<X:ment. the ()TL' mndtKtcd a :,Cric, of area mu:tin�, arouml the Stale lxtwccn -l and I� March 1997. Al these mcetinf� reports on ncgrniations were providc<l and mcmtx,rs asked 1,1 con,idcr a proposal for an initial one day :--topp•1�c. Thl.'.'IC meeting!-- o, crwhdrningly rt!jcck'cJ tht.• G,"crnmcm·� ray oner and ,·otc<l l,lr a State wide ,1nrr>agc on 25 March 1997. In an d)<.)11 to a,\':l'l lhc '.'Itrikc. the Unin n mod�ratcd i1� pay daim tu 6'/4 per y,,ar for the linanc:ial year, I 096/1)7 to 1998199 :ind ,ought a range of !.!uarantccs ¥.·ith n;:-;rcct lo the introduc.:1ion (lJ' thl! L.cadini'. School:-- pro�rnm. ()n 2(1 March 1997 a scric, of rnrr6pond.:1Kl' pas,cd �twccn the M1�1is1er l<>r tduc.ition �,nJ Ed Q 10 the Uniou. Whik a ,·1>111pn.:hcn,i"c rcs1 x1�,;c 10 the quc,tion of guaralllt'C, was prol'ided lout ul1ima1cly li,und 10 he warning hy the Uni1111) 1hc arncn,k<l salary d:iilll \\:b rcjt'c:lcd ,>ul ,lf hand. The plann,,,1 stopp:ige pr,._.c,xkcl nn 2:i Mnrch 1997. At ,tri�c 1nee1inl,!s c;o11dt11.;ti.:c.l around the..': Suitt.!, thL' Go,·crnmcnc':-- oi'ICr wa'.'I again overwhl'lmin.;ly rcjt.'1:lc..'d and \.!ndor-:.cmcnt was g:iYen tn a resolution tlw a hallnl for further ad inn should an m.:c:cpwhlc a�r..:-cmcm not he rcac:hcd by 7 April. Negotiation, were ,u,pcmb.l during lhc pcri,xl ,,f im.Ju,1.-ial auion but re:-.ume<l on 26 Mardi. The m.:,i;oliilli(11l� (and rda1ion� between 1h..: partk�) became strnined when in l"te March the QTU i,�uc'tl an interim tiire<:tivc 10 member, to 1101 p,1nicip.1tc in 1he Leading Sch,x,I, pilot progrnrn. Thi, tlinx-tivc rnirn;idcd with a c.111 fnr cxprc"irni,- ol' imcrc" from schools in the 26115__ 1 .DOC -- 1 of 7 -- -- 1 74 QUEENS LAN D GOVERN MENT fN DUSTRIAL GAZETTE I 3 March, 1 998Pil ots. From the QTU ' s perspecti ve th» d1·1. , .1· , h . . . . • s cc I\ e ad th , d , . ·d m m 1 1rnsmg the n umber of school s Which ex , 'd . c cs1re effect of presse interest. N egotiations. hm,cver continued i n late \'larch and ,, . . . . i n the dctcrral ot the ba l lot for funhcr i nd .· 1 . ear l y Aprr l resu l t i ng April 1 997 a pivota l point in the negotiat' · 0wever, on 1 4 . . ust11a action H I L 10ns Was reached Fd Q l · th at the proposa on ead ing School s th ,11 , , · • a, nsed . . . c presented was the b , I th be made at th e t 1 1ne. A m 1sundersl'tndi no · es at could ' " occurred wh en F J Q b 1 . the QTC negotiators wou ld recom mend th , ·' . c in ed that their endorsement. A l though the QTL , . . .xecu11ve or c Proposa l to their E · t· ncgotrators d rd not . I recommend the proposa l , on the evidence . " .1 . bi · . ,ay I icy wou ld . h U . dY ,l! d c. ii seems l· d Q I l to bel ieve that t c · n ion negotiators Would · · Were cc suppon the proposa l ,I n th is context . it i , not diflicu]t 10 understand the d . b , . , . , hv Ed Q when advised that the QTL' E , . . Is el iet <Ind anger felt . . . · -Xecut1 ve had de,·ided tl , . umcceptable. l his prompted hi Q' , 1 . . . le p1 oposal w .·as ' . . . • s app 1 cat1on of 'l(J Ap . 1 1 9C)7 the tenrn nat 1on of the barga1nino period l : 1 1 seeking . . . "' . n essence bJ Q beiiev d tl , Q'T'L• negotiator� were not bargaining II1 good faith. e 1e , Although a preli mi nary hcarin o of th , . . . · · · r" h d · " c "PPi icauon vva, heard hv Comm1ss1oner '1' e.r an dates of heari ng sdi"dtil " J withdrew lls appl1cat1on . ' ,d. Ed Q ul t i mately The skirmishing continued duri ng May 1 997 , . , . stoppages were conducted by QT l i rnembe · A senes of 24 hour Mav 1 997 . These stoppa�e, res�ll"d t·r! rs acr t os l s l thc State froltl 1 4 to 22 ' " ' ' s >m a )U Ot f I ' J 997 where the) were asked to vote 011 wh ,11 , 1 . 0 ltlcm 1ers 1n April held and whether the directive not 10 ll'lrti , . . "' J <Igcs s ou d e . e lcr ro l r no SIOJJ J· , h I b . ' Ctp<1tc 1 n t he I eadi 1o s l I · . 1 should be cont inued. I n the final resu l t 'l 1 ()()() " 1 " , c 100 ., p, ot I. 'hi b ~ , 1 nernhcrs out of an , 1 d 29,000 e 1g1. c mem er, voted in the ballot , The T l' , . , , cs 1 1:1atc to be the h1°hest voter turnout of . . . Q · hchevcd lilts lil'urc "'. dny of thetr ll'Jil ot, f 8';, 1. ' .supported rollmg stoppage, wh i le 88<;, voted . 1.. . ' . · ' ' 0 voters ' 0 111 dV our of the C( r ' ' the directive. n 7 Mav 1 997 a N 1 • , , . . >n lf!U,rtton of . . , o 1,c oj Authons·1t' 1 · I n dustrial Action and a Notification of' I nd 1 . , 1 [) ' · ' 1011 lo sngagc 111 Commission. us 1 id ispute Were fil ed i n the On 3 May 1 997 the M inister for Education announc 'd , . . General woul d replace the oftici·l] ne"l>t··,t· c that the Director- ( c 1 ( tng tea ill '.\;" •u ·, · the Director-General and the QTL:' . · · c"oti<1t1on, het\\ een . . . . commenced on 5 M av Th . , , , . the U111on wrote to the M 1 n1stcr advi si no , f , I··k . • · I ce dd) s l cuer c- ) d dC of [1r()or > � , ,/ • f' that I () l\1a) repre,ented the last 01,r,ort u . 1 . " cs , dnu 1 11, 1cated ni V to delcr or , , · 1 action pl anned to commence 011 1 4 May 1 997 . , . dVen m, u.stnal Director-Genera[ decl ined to make 'ill ,,1.1.,,rl . · . l hc fol lov. 1ng day the ,, " ' ' )Ut l ll\ Jled th • Qn " formal reasonable offer \\ h ich had been c .. , . e O lo rnai._c a . , . . . 0nsiue1 ed both hv lh , . 1 . •ind Council . l he D1rector-Genen l un,lcr·t , . . eir ·,xecu11 v c ' ' <>o� to provide , . , of business on 1 2 Ma) 1 997 should an offer b · f . , . cl r cspoibc hy cl o,e da) . c OI \\ c11 ded before lJarn 1hat rhc QTL: Counci l endorsed an l:xccultve proposal t,, . , , , :Vlav . The important a,pccts of the prop . 1 , . . 1 Setllcn 1, m on 1 0arbitration is concerned were: osc1 Pallicular]v as for as this AST l con , crkd to 1ncrc-mcn1a[�a!ctry \!cp I 5 97 I I 98 I 7 .% -1 2067-l'i I I 99 I 1 .'JlJ I lo mak Band3 Step S ,alar) ,,o OOOpai: 1 iir I negot ia1ion of a llat rate of pa) ment f, ,r life of the agreement "llppl;r ll'achcr" during the The QTT ' ' offer \\ a, rejected b) Ed Q prim to th,· ,. . . . hv the Di rector-General. As illClllioned t he SC , , deddi inc norn1natcdc:imrnenced on 1 4 \1ai I ll'J 7 ·111,j , · . ne, "1 roll ing ,roppa2cs ' U>lllmucJ unti l 22 '\la) 1 9')7. , On 1 June I YlJ7 Ed Q made a furt her offer lo t he r , an in!!. pcrccnt aμc\ (lf \alar) incrca\c-., 10 ,1. _ (., f t propo,1ng � .._ , . . L d.-..,roorn tcad1cr d , , (.l" kn�th ol ,en 1cc and the absorption ol the ·\ST 1 . ' epcn 111g on' · L 1 · S l I · · ' 1 die. h1 nher 0u .. 1 " rc!..!ardrng ea( 111g , c 100 :--. \\ ere !!I\ CIJ arnono I th , _ � <ll dll c�-... ._ .__ �"' 0 c, crnnpuncnt<,.,. \!though member, \\ ere adv i,ed of the ,1·1· , . t· , . . ' e1 o , l une ] lJlJ7 ·t l,ur t o a bal lot. A .,pcc1al L,ecut, v e rneetiiio , J · · · , 1 vi a, nor � on " une 1 997 , · 1 1 , offer but rcJected 11 on the hasi, . that the lev ,1 f , I· . . u,n,1c erer t t1c I ' I C () \<l d I \ lnl'!\_''h('\ ' j C I sa!an k \ c \ \\.Cre maL cyuatc lor an aon:cn1 , , , - . ' · ,till Illa . "' Lnl extending lo 29 f·ehruarv 2000. I n addition the Leading School-, guarantees were considered to be i nferior to those previous!) offered. A l so on 4 June I 997, in rc,ponsc to a motion from the Opposition cal l ing for a halt 10 the impl ementation of the Leading Schools program, Parliament made a deci.sion ( seconded by the Mini ster for Education) which the QTU saw as the turni ng poi nt i n the campaign and which u ltimately led ihat matter to bei ng settled. While the QTlJ saw the decision as preventino the trade off of h u man resources. a central plank of their discontent with th� program, Ed Q percei v ed i t as reduci ni' the h uman resources flexibi l i ty bein� sough t th us neutering the po l icy. ' I n response to di spute noti f,cat ions t,lcd by Ld Q and the QTL: a compul sory conference was held before Commi ssioner Dempsey on f I June I 99 7 . At that conference the Commission offered to superv i se negotiations over the outstanding i ssue,. On instruction from the Government thi s otter Was refused by Ed Q. I t advised that it preferred to enter into third pan, med iation outsi de the auspices of the Commi ssion. The QTU' s biennial conference hel d hctwecn 2 3 and 25 J une 1 997 unan imous!, ratified the dcci ,ion of Exccuti v·e to reject the 3 June ofkr and to conduct ;chool hased bal lots on the question that strike action be deterred to no earlier than Term 4. A re,ol urion that a lev y he struck on members lo continue i ts campaign on enterpri \e hargai ning and Leadi ng School:,, \\ ih [XLsscd u nan i mously. Conference also unanimously resolved to commit to pnvate mediation. The pri vate mediation was conducted unsuccessfu l l y in mid July 1 997. On I August I 997 Ed Q formally terminated the mediation process and proposed an interim 4'!r sa l ary increase operative from I July I 997 and a joint approach ro the Commission to arbitrate on the outstanding matter, 111 di spute. The offer was made on the basis the QTl; desist from opposi ng the implementation of school ba,cd management through the Leading Sch()ois Pilot Program . Al its mcetino on 4 Au�ust 1 997 the QTC Executive decided not to l ifi its directi ve on L:adin� School s in the absence of enforceabl e guarantee,. l fovv ev er should those s:iughl he able to he given then the [jnion propo,ed t;, recom1nend to members the acceptance of the ba l ance of the offer. Rider, conccrninl.! action to he taken i n the C\Cllt of rejection of the LJnion · ., po... ition h) gov crn,ment, def'cat of the ballot or in the. ev ent arbit ration broke do\\ 11 \\ere al,o Included in the rc--,olution. At a rc\u lllcd conference in the ComrnJ.,..,.,..,ion on 5 August, Comnfr-.:-.ioncr Dc,np\C) rl'.conunended that:- " I . Th at the panic, ar,· to f'inal i,e the Lec1d ing \chuol , agreement . 2. That the Quec11'[and Teachers lcnion is to hallot its members lo oh1ain a�reemcnt v, ith respect to the rcmarnder of the matters other than tho�e ro he arbitrated and tha1 the ba l lot i .s to be concl uded hv 29 Augu:-.t. l t i .s strondv r,-commemkd the Queensl and Teachers Lni()f] accept in principle-the urter of Educa1ion Queensland in i ts letter dated I Augu-.r ! 997 - l. The pan ic, shoul d, in the e v ent of the Queensland Teachers' Ltmlfl bal lot hcin� positi ve. make a JOilll approach to the Cornnms1un 10 tcnnrnatc tile bargaining pcrioJ and ha\·c the h)l iowi ng mattch ,,rbitratcd. laJ Sal ar) yuantum at all lev els ( b J The teacher relief scheme lcJ Th,· Trade Lnion Training Au1hori1y leav e ' cl I The duration of the agreement .". Furthl'r di,cu-.,.-.,10n-., continued het\\ccn the panic\ O\ l'r the next (C\\ Ja; " · I · · · · l , · ,. · 7 Aunust It> ,u lillllalln)c ll1 the rlccr,1on hy t 1e Lmon r:xccut , v e on , c- · · I recommend acceptance of the Leading Schoo!\ guan.mtec1., and the propo-.a to arbitriltc the ouistanding issues to a ,tate v1 idc ball ot. ' h ) h l ' · dvi ,cd 1hat " allot vv a, suhscyucntl) held and on _9 r\ugu,r t e ,n1on a · . lllemhers had voted in favour of the resolution. That result prompted Ed Q to \Cck the tcnrnnation of the hargaining rcriod. 1 3 March. 1 998 ENT IN D ' ooVERNM QUEENSLAI\D ' ' ·d thC fi,her tcrmmatc I n Cornmissioncr .' h·,d failed. . t that hack£rou11d that cdcd concilia11011 ' l r was agams r , :ul l Bench dee1 , . . a penod anu the I , , 'd·-- . , . hargamin= . . t . F II Bcncn ,,u . . 1iss1oncl reachin£ its deCl\11 111 [ IC LI d' "' hel i,rc 1 Comn p·irtiCS , . . hose procec in" h , 11e£01iaung '. · no"H• ino seen the transcript olI . . 'ied rhat . ( a l l c .· ; the harga1n1 h � a\ t- · . v satL'-,1 . , Ju11n� 1 in t c c· herJ the Ful l B ench is no, ere at i,;uc . \\ il l re,u 1 1 1S tint \\ '] iallllll h· v·e not set tled the matters '. further conc1 a . . . I kcl v th,tl . , eriod and ' h > ii " norI . " . " ,onahk rune. . , ion p tt , ·, heino settled w1th1 11 a J e d . , the arh1 tr,1I ma u . t-- . •xcrct\l decided to c . ..u1,cript ) f . II 1:J •nch ha, .. l [l o ol lf, ,\ccordin�l v , the ·u c 1· the Act. . .- . . " ' '- · . j · , '( On ')h O h' ro�.llflll1c rower, rnc1111oncc ,n ,cc I - . ate the a = us . d o tcnmn . ·inn:-. to . . , d decide I ur suhnms . , ted \I h gh the Cornmi,,1on ha . d the Cro\\11 p id he 1crn11n,1 , , t ou . I , ou 1[inc . . id ,hou ol the neriod for 11.1c rca,ons prc1.1ou, ) h b·1r>'ai11ing pcm he parameter, d . t1·i'il r here t c � :: · no t h in LI"' ' ·1bout the c11-curn1.,tance-.. \\ . conccr111 c ·1-t of t I: he c • • hc·1nnu _ h , hem: 1 1 to t Ix th durin� the prcl u111 na1 ) '. . , !·or l e , , iatcmen . , > . , .· . . I hrn1 s,1on,. . make ,1 , . . . stancn, arhitrat1on and du1 rng l rn�t\U e_·� m n1i....,s1on tu trcmc c11 cuJ11 I cl \' (. k ·d t he O h 11ost ex id c os · cnmmuni1v ihc rim n ase . "!IC in t e I . . ion shou that ·ffect that .i t wil l on!) proceed lo arb1U' h · t t he Con11n1" I · to ensure . " ' h , vie\\ 1 d in ()I c er o·uniilc-· The Crown clcarlv pul t c . . ·u m stances , 1eq1ri,c bare-' \Crutini:--.c all rclc\ �u11 l al:h and .c_1k 1 \ix ",lution, to en . , n , ·kino qUIL- . w1de'-> a mdu,trial pa111e, are m11 ,cc "' , 7 ( the Act I p1 1 , either ,\I'! J <J, av be . . 1 . , Relonon., ' . . 0 period rn • . n ,111) Section 5-l ol the \\ 111 kp "' I '"ir�a1mn" . d h , the ( ro" . I · . · ·l ' ·h the "' " . · 1,c : . 1thou � 1 arra\ of circum\C.rncc\ m v,. 11c_. ·1nd a-., ,dcnt l. . o 11cnod. � rl1c · . I l i ·idd111on .. ' h rwHntn,,. dix to ,uspenrlcd or 1,·.n111 na1,·c . I ' . , tc the ,,a cc' . 1 appcn , ('. in k l tcnrnn a th at ,u A I R number of parties mav sec O , we note , ·h of the , , · d , I h the (.roV'll . h , l·u l l Bene .· , a n1orc examples ' .\ere [lfm 1 cc ) . · 011 of t c v') J prov 1dc' . le . f the dcc1,i · 1 X 'lo- h . a ,mg decision of l\1unro l a, pall O /' . I.id (Pi.·,n · b ' made v , · 11 . I CJ . I m , r, 1·1v c . n ' ovv Re: Coal und Al/10 JJU ll u · · J ie•ition..., n '- ., (' )lllJ11l:-.:--.1o . l1" . . ,, th ·rt app "' ,, , t he ·1 . I ,,e 1 , ' c01nprehens1v e list I t \lclll\ ' <>Ill to interv ene, 11cnrioncd of t it: nartv·, third partic, \\ ho hav e sou"' . , The l ast 1 ,, " . . f h , xrrl ic'• motion or \\ Ilh the rnnsent o t e I h . · I · , 11 "t-..,c . . (riven 1 -.: course the h,1,is ol t 1c p1escr c, · . . an,c C' h , . , ion\ \\ hich rna; c �ought to . c. . . l co1nh1 11<1t • . · )J rna)- h b· ·oai11 1 n� Cl\en the pcnnutat1on\ dllt . , inin� pc! H h· . • the at r h' I . . h. ·I · t ba1 g<t .... . · ·k to <l\ L: , cnt t ,l arr;iv of c1rcun1-,urncc:-, 1 17 \.\ IC 1 < • ·h nW' -.;cc l c statclll -·. . . , . · c\ wh1c - --h·c� to t l . ad l() terminated and thl' \ anet) oJ pa, ti . , nrnit our..,L (' )Jllllli "\J nil . . \ ar . · ·I •t· nt to '" e l l the 1 ·rrt1cll period tcrrrnnatcd, \\, c arc 1c uc d . ice\ \\ l ·h o\\tl p.. · I. , c u 1 ns1,11 . I rn on I . ·1 It is ()n]v in thl' f1Hhl extreme o ur ., c\\·ii tu . . e -,chclll c · - • > • • I Fach {., cl', > I ,u1�lal1 \ ' ncC"'- tcrmrnat c the haruarnJIW: pet tol · · . i to the c '- . 1 ··rcu 1n'.-.l,t '- '- • , · (r rcgai l . , . .. 11 1 ona LI tact-. and circunhtatk'l'" hut ha\ In.:.- . 1 ni l \ 1 n Lxcct 1 ·e b , .. 'fCJ \Cl < • rkp ac however. l'iearlv a pm1 er 11 1 c cxc . . w 1he v,n . , 1 . . ,. ·ii rel allons Thi, 1 11tcn . . . , ol v c ind u,11 1,. . I that lev el . rhc 111tcnt ul tile Act 1 :-. to de\ ., _ han!a 1 n\ a · to cntcf � \ ·t ·-- lcvd and to encuurauc the part,c\ . , ·t of the / L · , '- f' I! ·n o ohjcC . . P rn�1ttcr� can he real is,·d !nrough the () O\\l ,- ' ' r ,r detcrJll lilln c ' l\ with . . _.., -,on '.-,ihi l itJC'.-, t I cmplo: cc'i r e� .. 3/h) cn...,urin� the pnmar: r e I plo\ Cr\ anL i\C JLvc l . , . . h ccn crn . - cntcrpr alfccrin� the re la11onsh1p Cl\\ rkplacc 01 1 , � t t hc \\ 0 , · 1 LS..., the empl01 er and employee, a . on to ha v c ' , c . t hC c,nllf1)1':'l o l v when thcs ' ,\, 1 ,,l ,o intcnch ! 111 ,\ccord1n,- . ,e 10 the The \Che,nc ol t he � .· , i cJ ,i l lOll' ' , �c, that rcc'"',r I. The mtcr\ cntioni\t role 111 mdU\tf J,.tl ... ,1 nc c n1cr� . , ! a'-.l t c'.-.Of . . . . . }P JllL-½'.-,<. c . . o J '-, U ; '(lf l(}JL\ prm is1ons arc read togethe1 a ,tl()I " . , h arga 1111 11 C' ti l/ied OJ" 1 . . ,, (. . . . . · ., tcrpr 1 :--.c , / (l!ld , , o <.l lnt nc- omm1ss,on tor arh1trat 1on Ill en , . Re: ( OIi . r the h,tr" . ,· . . h \ ! R( 1 11 · n1 1on ll I 1 on lo, Jeeision ol the l · u l l Bench ol I e I the tcrlllll ' . . , fix "' u 1 . 1 , . . ,, 1h,1 l . qu 1,� · id necr I ry f.td ( sup«1 1 ampl v demon,11 ate. . , not cl · ion v1tn1 1 · I · 1 r·1 1 1on 1 Con1!111 :--.'.-, • .,nt anl period and hence recourse to ar)t ' , 11 T he . , con,1stc . h , h , \rfCCJllL f . i , ,re!lU lfll. ., oi l L ne�otiatm� part 1c..., unahle to rcac �1 -=- ., 1 ., ._, rnaLc � , that onL . 1 - . -- . , thcni:-.c \ c . nd thLTl , . ,,._,....,a1 1 ) lo he sat hficd tha1 the rart1es h av c ccn t he m '1 . lo 1101 11ccc · w . , · . ,, hcl " . , l \,\ e L , , blc thoruu�h cfl urt"' tu rc\Ol\"t". the J s\UC. . c, 1 ..,tcl . h )ti ld he cl . . .. l ,· . . -- . � 4 .. , J -.;t,..., o1 . , ·tiL"' � t . ctl 1atcc cHcunl\tance-., pni\ 1dcd h� "· :-i c 1 , 1 t he p,u .. 1 and � . . - . h . . on t 11d ., t l cnicn . . i o1 t .tgrce \\ nh the ( ro\\ n ·' -.,u lll\.'-,'.'>l . · 1 rt i tc \cl . t •nni nat tot . I e I I. r h1 -p, h ,f ore c '"t t 1 c CllltHNralc' that "al l a, enucs O ,h·isi, l c nrcd W a, it as,istance have hecn expl ored" ( llUr e!llf : yv ()U id he prc1,, ,,, a i la hle 10 -= h . . . . . . C� i n11 "'�1o r ., t po\\ cr..., ' \ C i nto arga1nrn� 1..., -,ou�ht. \\ hJie th1..., on 1. tli , rclc" ,in . · on 10 n10 . .,. � ._ . h . l\ o L c� )1nn11..,-.,1 , .. ·on....,u uc Pdrt1e, reach a rc,olulion thrnu g dl - . 1· ,r t he ' . , ·d \\ c c 1. r . - - \ idc.., < .. ·n1 1 n,1tc . . •n uc o under the Act, ,. 'i'i ,pecil1ca l l ::, pi n 1 , , bee n tel . , final a, c · · 1 · · • · · ·riod l..l. . \ i d1 n g a . ed . cone1 1a11011 alicr the harua1mng pc , ,, a, p1 o ,· 0 1 1npos I -- . . '--- . . . 1i.-.;t ;Jt1L c. . ., t on hc lll,c' t ic Pll\\ ,'r to conulimc Ill these c 1 1 cu 1 . · ,, ,irbttta ' he , . . l u t 1on \ i .. · natc t d nego11atcd ,cnlemcnr pnor to a so . . lll 1ern1 1 . 0 -· . .,r t h e dcc 1½10ll . the Act he �n� . ·r H,h c . . lll' o l I' nd lfl:c I n the llldlter before Conm1ission c t he proV1'1' · l , the out s '1 , 1 h l ,J on . rc-.;o \ c co ll'.-it:11 argainin� penod v, ,1, clecu l v ,,rsc 1 1 e f fort, to . . made h::, l. I� .._ · tlrtt ,J · 1 w.:1 s -..a I \ icd and a clear dcmon:....tration � . 1pJ i L:at1or issue, had hc,,n exhau ,t ,xl. That thc cl/ usrRIAL cffB 0AZ1� -- 2 of 7 -- 1 74 QUEENSLAND GOVERNMENT INDUSTRI AL GAZETTE 1 3 M arch, 1 998 pilots. From the QTU · s perspective. the directi , e had the desired cfkct of m i n i mising the number of schools which expressed interest. Negotiations ho\\ ever continued in late March am] early April resulting i n the deferral of the ballot for further industrial action. H,mever. on 1 4 April 1 997 a pi,otal point i n the negotiations was reached. Ed Q advised that the proposal on Leading Schools then presented was the best that could be made at the time. A misunderstanding occurred \\ hen 1::-.d Q bclie,ed that the QTC negotiators would recommend the proposal to their Executive for their endorsement. Although the QTU negotiators did not say the::, would recommend the proposal. on the ev idence a, ailable. i t seems Ed Q \\ ere led to believe that the C n ion negotiators would surport the rroposal. In this context it is not diHtcult to understand the disbelief and anger felt by Ed Q when advised that the QTli Executive had decided the proposal v. as unacceptahle. This prompted Ed Q. s application of 30 April 1 997 seeking the termination of the hargaining period. In essence Ed Q hcliev·ed the QTU negotiator� \\ e re not bargaining in good faith. Although a preliminary hearing of the application v. as heard bv Commissioner Fi.sher and date, of hearing scheduled. Ed Q ultimately withdrew its application. The skirmishing continued during May 1 997. A series of 24 hour stoppages were conducted by QTU members across the State from 1 4 to 2 2 May 1 997. These storpages resulted from a ballot of memhers in April 1 997 where the:, were asked to v·otc on whether rolling stoppages should he held and whether the directive not to participate i n the Leading Schools pilot should be continued. In the linal result 2 1 .000 members out of an esti mated 29.000 eligihle member, v oted in the ballot. The QTlJ believed this figure to be the highest voter turnout of any of their ballots. 68'/r of voters supported rolling stoppages while 88'11 Vtlted in favour llf the continuation of the directiv·e. On 7 May 1 997 a Notice of Authorisation to Engage in I ndustrial Action and a Notification of I ndustrial Dispute were filed in the Commis'.-,ion. On 3 May I 997 the M inister for Educatilln announced that the Director General wuuld replace the official negotiating team. \:cgotiation:-. bcl\\cen the Director-General and the QTL commenced on 5 May. Three day, later the Unitln wrote to the M inister advising of a lack of progress and indicated that I O May represented the last opportunity t<J defer <Jr av ert indu.strial action planned to commence on 1 4 \1ay I 997 . The t,,Ilmv ing day the Director-General declined to make an <Jffer but im ited the QTL to .. make a formal reasonable oiler.. \\ hich had been considered both hy their Executi v e a n d Council. The Director-General undertook to prm ide a respori,e b y close of business on 1 2 May 1 997 should an oiler be forn arded before '-Jam that day. The QTlj Council endorsed an Executl\ e proposal for settlement on I () May The important aspects of the proposal particularly as far as this arbitration i'.-i concerned \\'ere: ( I ) the proYi:-.ion of , anous., guarantee-.., fur the l ,cading Schooh pn)gram: ( 1 1 ) :-.ai<-lr) increa'.-.e,..., of 1\ST I con, crtcd to i ncremental -.,alar; -.,tcp 4 206741., .) .l)7 1 .98 7 .'!8 1 . 1 .99 1 .7.99 1 10 make Band _, Step 5 salary �'i(I ()()()pa 1: ( ii i } negotiation of a flat rate of pa) rncnt for :-.uppl) teacher..., <luring the l i fe of the agreement. The QTU·s oiler v. as re_iected bv Ed Q prior to the deadline nomi11ated h;, the DireL·tor~Gcneral. .\,-, mentioned lhe :-.,erie:-., of rol ling -.toppagc,-, rnrnmenced on I -+ 'vlc1\ 1 997 and continued until 22 Ma) l lJ'J7 . O n :i J u ne 1 997 E d Q mack a further offer t o the QlT proposing \ arying perccntag.t..>, of ,-,a Jar;, increa:--.e:--. tu cla'.-.'iroom teacher-., Jcpending on length of ,en ice and the absorption of the AST I rate. I urther guarantee, regarding Leading School-, \\ere giYcn among-.,t other component:--.. Although members were ach iscd of the olkr of J J u ne 1 997. it \\ as not put to a ballot. /\ special F,ecuti v e meeting on 4 J u ne 1 997 l·on,idered the offer hut rejected it on the basis that the le\el of ,alan increa,cs and t1nal s.,alar)' le\eh \Vere inade4uate for an agrL'cmcnt extending to 20 h.:'.hruar: 2000. In addition the Leading Schools guarantees were considered to be inferior to those pre\iously offered. Also on -+ J u ne I 997. in response to a motion from the Opposition call i ng for a halt to the i mplementation of the Leadmg Schools program. Parliament made a decision { seconded by the Minister for Education) which the QTl: ,av. as the turning point in the campaign and which ultimately led that matter to heing settled. While the QTU saw the decision as preventing the trade off of human resources. a central plank of their discontent with the program. Ed Q perceived it as reducing the human resources flexibility being sought thu:--. neutering the policy. In response to dispute notifications liled by Ed Q and the QTU a compulsory conference wa.s held beliire Commissioner Dempsey on 1 1 June 1 997. At that conference the Commission offered to supervise negotiations m·er the outstanding issue,. On instruction from the Gov·ernrnent this offer was refused by Ed Q. I t adv ised that it preferred to enter into third party mediation outside the auspices of the Commission. The QTt:· , biennial conference held between 23 and 25 J u ne 1 997 unanimously ratilicd the decision of Executiv e to reject the 3 J une offer and to conduct school based ballots on the question that strike action be deferred to no earlier than Term 4. A resolution that a levy he struck on members to continue it:-. campaign on cntcrpri_...,c bargaining and Leading Schools wa_..., passed unanimous!) . Contcrcnce also unanimously resol\ed to commit to private mediation. The private mediation \\as conducted unsuccessfu l !) in mid July 1 997. On I August I '-!97 Ed Q formal l y terminated the mediation process and proposed an interim 4'/r ,ala1) increase operat ive from I J u ly 1 997 and a joint approach to the Commission to arbitrate on the outstanding matters in dispute. The offer \\ as made on the basis the QTU desist from opposing the i mplementation o1 ,chool based management through the Leading Schools Pilot Program. At its meeting on 4 August I 997 the QTC Executive decided not to lilt it_..., directive on Leading School.., in the ah .....cncc of enfurccahlc guarantees. Hmve\er should those sought be able 10 he g i \ en then the Union proposed to reconunend to members the acceptance of the balance of the offer. Riders concerning action to he taken in the event of rejection of the Union· _..., po'>ition hy gon:rnment. defeat of thL' ballot or in the event arbitration hroke down v. crc abo incl uded in the re ....olution. At a rc-.,umcd nmfcrencc in thl'. Commi....,-.,ion on 5 Augu�L Commis....,ioncr Dcmp'->ey recommended that: - ·· 1 . That thl· panics are to finalise the Leading Schools agreement. Thal the Queen,\and Teachers l;nion i, to ballot its members to obtain a�reement \\ ith respect to the remainder of the matters other than those to he arbitrated and that the ballot is to be concluded b) 29 Augu.\L ., . I t is strong!) recommended the Queensland Teachers Cnion accept in principle the oiler of Lducation Queensland in its letter dated I August I 9'-!7. 4. The parties should. 111 the ev ent of the Queensland Teachers" L:nion ballot being positi\ e. make a joint approach to the Commission tu terminate the bargaining period and have the follov, ing matter-, arbitrated. I a I �alar) <JUantum at all levels le I The Trade l·nion Training Authority leave I d ) The duration of the agree111ent.··. Further di:--,cu:-.:-.ion:-. continued hctv. ecn the partic-, over the next fe\1i.· day:-. culminating in the dcci:,.,1011 hy the Lnion E.xccut i \ c on 7 August to recommend acceptance of the Leading Schoob guarantee..., and the proposal to arbitrate thl'. out:--tanding i:-.-.,uc-, tD a '.-.late v.. idc ha!lot. ,\ ballot \\ as ,uhse<juently held and on 29 August the Lnion ad\ iscd thal mcmhers had v oted in favour of the resolution. That result prompted Ed Q tu :--cck the termination uf the bargaining period. ,,,..- 1 3 M arch, 1 99 8 QUEENSLAND GOVERNM ENT I N DUSTRIAL GAZETTE 1 75 I t \\ ;.i-, again'.-.t that hackgrountl that Comrni:,.,-.,ioncr Fis.,hcr terminated the bargaining period and the Full Bench decided conci l iation had failed. I n reaching i h decision the Full Bench said:- .. Having :-.ccn the tran:,.,cript of tho:-.c proceeding:,., before ( Commis:--,iuncr Fi,her) the Full Bench is now satisfied that ( a l the negotiating parties ha\'C not '.-.Cttlcd the matter:,., that were at i:-..-,ue during the bargaining period and 1h1 it is not l i kely that further conciliation v. ! 1 1 result in the matters being settled v. ithin a rea,onahle time. 1\ccordingly. the Full Bench ha, decided to exercise the arhitration pov. ers mentioned in section 56 of the Act.·· l p.2 of transcript) Although the Commission had decided to tenrnnate the hargainmg period for the reasons pre\ iously outl ined. the Crown put ,ubmi.ssiun, to us about the circum'itancc'.-. where the bargaining period :-.hould he tcnninatcd both during the prclimmary hearing concerning the parameter'.-. of the arbitration and during linal submissions. For the benct,1 of the i ndustrial cornrnunit) the Crov.n a1.,kcJ the Commi\s.,1on to make a -.,tatcmcnt to the eff ect that it will only proceed to arbitrate in the most extreme circu mstances. The Crown clear!:, put the viev. that the Commission should closely :--.crutim1.,c all rcle\'an1 focb and circum'.--.tances in order to ensure that indu-.,tria! panic-, are not :-.cel-.ing quick fix '.-.olution;", to enterpri'.-.c bargaining. Sec1Hll1 5--l of the Workpluce Relation., Acr / 99 7 ( the Act ) prmides an array or circum,-,tance'.-. in \\ hich the bargaining period rna; he either suspended or terminated. In addition, and as identified hy the Crown, any number of panie� may ,-,cck to terminate the harf:aining period. A l though examples v.ere provided by the Crown we note that an appendix to the decision of Munro J . as part of the decision of the Full Bench of the AIRC in Re: Cool (//1(1 Allied Opem1io11.1 Pn· Lid /Print 8 3 8 2 1 prov ides a more comprehensive l i st. It seems that applications may be made hv a single part) . third partic"> who ha\'e \Ought to intervene. the Commi\\ion · "' own rnoti<Jn or " ith the consent of the parties. The last mentioned of these is of cour'.--.e the ha-.,i1., of the prc'.--.ent case. G l \ en the permutation'.-. and combinations., \\hich may arise given tht..' array or circum1.,tance-; in \\ hich a bargaining period ma;, he '.--.ought to he terminated and the variety of partie'.-. \Vh1ch may 1.,eck to have the bargaining period terminated. we arc reluctant to commit ourselves to the statement that on\;, in the mo'.--.t extreme of circum'-.tanu:-., \\.:ill the Commi\'.--.ion act to terminate the hargaining period. Each Gl'.--.e \\. i ll turn on it1., own particular fact1., anJ circu m'itance"> hut ha\ in.£ regard to the legis.,lat i \ t? s.,chema. It i ho\\C\ cr, clear!) a po\.\.er to he cxerci.'-.ed uni;, in C\.cepllona! circum'.-.tance'i. The intent of the Act " to dn olv e industrial relations to the workplace lc\·el and to encourage the partic'-. to enter hargain.'-. at that level. Th1:--. intent can he rc<1 l1Sl·d through the folluv. ing ohyct of the ,\et:-- ··.)( h l cn-.,uring: the pnrnar) re:-.,pon-,ihilitte'-. for determining matter.., atfectin� the relationship bet\\ecn emplovers and employees rests \\Ith the employer and emplovees at the \\ orkplace or enteq1rise level.·· f'11c '-.Cherne of the Act al-.,o intt..'11<..!1., !'ur the Crnrnni:--....,ion to have a le�-., inten,cntionist role in indu.'-.trial rclation'i. According:]; \\. hen thc')c pro\ i-.,ion1., arc read together a -.,trong lllC'.--.\age emerge\ that rccour'-.e to the Con1mi:.;...,ion for arhitration in cnterpri-.,c har.!_2:aining i'.-. a la'-.t re;"!Ort . The deci,io11 of the Fu ll Bench of the AIRC m Re: Cou! um/ .\!lied Uperulio111 Pry l,td ( '.--.Upra) ampl) demon--tratc1., that the termination of the hargaining period and hence recourse to arbitration i.., not a quick fix solution for negotiatmg panic'.--. unahle to reach agreement. The Commission \.\.(mld need to he 'i�tti1.,ficd that the partie-, have them1.,eh e.., made genuine. con'.-.i'.-.tent and thorough cfforh to rc-.,olve the i1.,-,ue'.-. hel\\Ccn them and then that one of the cirn1rn-.,t<llll·e-., pro\ idcd h) :--.. 5-\. exi'-.l:-. or c\i...,tcd. \Ve do not tlL'Ce'.--.:-.aril) agree vv ith the Crown· , suh1rnssion that the parties should be able to dernun,trate that .. all a\enues 1·or hi -partite settlement and conciliated assistance hav e been C\[llored .. l our empha,isl before termination of the hargaining i'.--. :-.ought. \Vhilc thi-, Crnnmi'i'.--.ion \.\.ou!d he prepared to a'.--.-.,i'it the panic-, reach a rc'.-.olution through an: of the rcle\ ant power.., a\ ailahlc to it under the AcL ..;_ 55 ..;peci ficall; pro\ idc-.; for the Commis.,s.,ion to !ll()\'e into conciliation ahcr the bargaining period ha" hecn terminated. \\'e cun..;truc the pov,er to conciliate in the\e circum:-.tancc-, a-.; providing a final ;n cnuc for a nl'.gotiated '.--.Cttlcment prior to a 1.,0\ution via arbitration heing imp():--.cd. In the matter before Cornnnssioner l ·isher the dcL·ision to terminate the hargaining period \\. a'.--. clcarlJ ha'.--.ed on the pro\'i-.,ion'.-i of the Act being 1.,ati1.,llcd and a cle�i r Jcmon-;tration that ;_i ] ] cffons to re'.--.ohe the ouhtanding i .,sue, had hecn exhausted. That the application v. as made h::, con,cnt ( al though subject to the reservations expressed by the QTU regarding a joint <1pproach to arbitration J no doubt also pro\ed i n fl uential in the decision. PARA:VIETERS OF ARBITRATIO'.'. Because of the novelty of the legislation g()\erning an arbitration in thi'.--. context. the QTL and Ed Q sought a preliminary hearing to determine the framework for the arhitration. At that hearing the Crcmn interv ened to put prelirninar) submissions in relation to both the principles which should govern the termination of the bargaining period and the cxcrci:--.c of the Cum mission · .s arbitration po\\ers under s. 5514 I of the Act. To a')si:--.t the panic-., \\ 1th the preparation of their Gt'iC'-. the Curnmi\:--.ion provided an in principle response to their ,uhmissions from the Bench on 2 October 1 997. That response can be lt1und on pages 38 and J') of transcript. There v.e said th,11 \IC \\ Ould issue detailed reasons for our decision later and perhaps a, part of our final decision on the merit,. Those reasons arc pro\ided now. In that decision v. e said that ( i n part ,:- --The Commi1.,...,ion in cxcrci-,1ng 1t1., arbitration po\\Cr'i pur"uant to "· 'i 5 ( 4 J agrees with and adopts the reasoning of the Full Bench of the A I RC in the \\'nrrni/ Case iAJ1A CS/ ' \\lnrern .-\11,rm!iw, Go\'ernmenl Raiilrnr., Commis.,ion 1. Print P l 663 in relation lo the manner in v. hich the arbitration i, to he conducted and exercised. In particul ar we endorse and adopt the tiill,l\\ ing comments of the Full Bench that:- · . .. VvC regard the function of the Cornmi:--.'.--.ion in arbitrating a'.--. hcing largely to a'i'.--.C'.-.S the rcspcclin:: po'.-.ition'.--. of the part ic\ in relation to the hargain and to arri\ c at a conclu'.-.ion v. hich could he regarded a:-. herng an appropriate re-.,u!t in the context of the bargaining which has taken place had it concluded sucl·essfully.·. l [l. 'i ) \Ve abo agree \\ ith the '.--.tatemcnt made in the Altono ca\c ( l:lt'ctricol Trude , Cnion o/' Au.,troliu and Orhen r A ltona Pctrod1emical Compum Pry l.rd ( 1 970 I 1 :14 CAR I 59 at 1 67 - 1 68 J that:-- ·we think it proper in all the circu mstances to put our.sel \ es in the po-;itinn of the negotiator\ and to regard the proceeding-, before U'-. a'-. a prolonμ:ation or extcn:--.ion of the negotiation". · I t is ev·1dent from these statements o f our intentions that the character o f the arbitration embarked o n under s . 55 o f the Act rs different to that requ ired v1 hen the Commission arhitrates to prev ent or ,eltk an industrial dispute. This '"" the , ieVI also of the hill Bench in the Wnrmil case ( supra). Because the end product is a limited life av. ard vvhich encapsulates the outcome in much the 1.,ame manner a.., an enterpri'.-.c agreement. \\'l' think that a different approach to the arhitration i, implicit. We acknowledge however that s. 5'ii 4 I of the Act vests the Full Bench \\ ith the sarne arbitration pov.er, as the Commission ha, in arbitrat ing indu,trial disputes umlcr s. 240. The factors l isted in s. 5 51 6 ) of the Act prm,de statutorv directions ahout the matter-., to be taken into account at arriving at the outl'ome. A\ the l ·u l l Bench stated in We11mi/ .. the statutory criteria . .to vvhich the Bench must have rq.:arU clearly manifrsh an intention on the part of the lcgi'.--.lature that the Commis1.,ion pay reμard in arri\ ing at a umc!u1.,ion to the i�..;ucs which were hct\\een the partie" in the barμ-aining prrn..'e'-.\ and to the conduct of the parties thernse!, es ... 1 pp 4. 5 1. It is 111 th1, Lontext that the :\ lro11u approach v. as adopted. Because of the different character of the arbitration conducted under s. 'i5 of the Act as described ahm e. vve are of the v·ic\\ that neither ss. 1 28 and 1 29 dealing with allowable a\\ard matter, nor the Wage Principles arc relevant 10 our con1.,ideration. In enterpri-.,e harg:aining part1c-..; arc not re-.,trictcd hy thcs.,c matter'). G i n.·n that we arc in cffel'l continuing the l'ntcrpris.,c har�ainin¥ proces-.,, \\e do not hcl ie\e thc'-.e type-; of matter'.-. should impede our dclihcrations. Some lq.i:i-.,latiH-: requiremcnt'-. :--.uch as anti di...,crimination and freedom of as.,'-.ociation pro\ i'.--.ion1., ma: impact on an arh!lration under '-.. 5 5. ho\VC\ er. in general term-., kgi">lati\'c or Commi\'.-.ion polic) i-.,-.,ue-., which ma;, un..linari ! y affect an arbitration do not come into rlav here. In this matter \\e haw not found it necessan to dev elop a list of criteria vv hich ma::, he relevant fur consideration under s. 5 5 ( 6 J( f) of the Act. In fact we h,I\ e not found it necessary 10 �o bevond the criteria provided in s. 5 'i ( a J to ( e J except a, we hav e referred to the \Vnrrai! and A /rmw decisions. I n 26 1 1 5_ 1 . DOC -- 3 of 7 -- 1 76 QU EEN S LAND GOVERNMENT INDUSTRIAL GAZETTE 1 3 March, 1 998 tho,c circumstances to develop other criteria may prove to be restrictive i n the future. We arc of the vie\\ that each arbitration conducted under s. 5 5 ¼ il l turn o n its o\\ n fach and circunv..,tancc:-, having rcganJ t o :-, . .).)(6), i f nccc"ary s. 5 5 (7 L and the approach developed in Wesrmil and Altono. W e arc also reluctant t o commit ourselves t o particular principles i n the absence of a ful l debate lrom peak organisations. other indu.strial organisations and interested parties which usually appear in policy matters before the Commis:-,ion. ISSCES TO BE ARBITRATED The parties rc4uircd the foll mv ing i.ssucs to be arbitrated: I I J 4rrnmum of the salary increa,es to be granted m er the l i fe of the agreement. ( 2 J \\hether the classifications of Advanced Sl-. i l l s Teacher I Level I I i i\Sl I J and Ach anccd S k i l l s l n .structor [ Level 1 1 ( AS ! I I should be crnn crtcJ lntu an additional incremental qcp accc ....,:-,cd h) prog:rc..,:-,ion. I 3 J the rates of pa1 for casual suppl)- teachers. ( -+ ) whether trade union training leav e is to he provided lo employees. Employees affected by the arhitration are covered by t\\o awards. 1 ii. the Teachers· Award State and the Community Teachers. Assistant Teachers Ahoriginal and Torres Strait I slander Community Schools· A 1-1 ard - State. The ""direct"" partic, to the arbitration were the ()T L and Ed (). Both the ()TU and Ed () called a number of witnesses in support of their respect iv c positions. A \\ itness l i st is found at the end of this decision. The Crown intervened in the proceedings and \\ hilc supporting the suhmi.ssions of Ed () primarily placed submission, before the Commission relating to the interpretation and the intention of the Workplucc Relmion., , \,-1 / \i97 on salient issues. The State Puhlic Sen ices 1"ederation ()uecn.sland Cnion of Employees 1 SPSFQ J also appeared in the matter gi1en that it ha, members ( Manual Art, Teachers and Instrumental Music Teachers ) cm cred by the Teachers" Av. ard State. That union had not partiupated in the negotiations bct1-1ccn the ()TL: and hi Q rcgardin[> matter, alkcting teachers. Although the SPSF() \\ a:-, g l \ cn the opportunit; to call witnc:-.:-.t>,. it elected not to do :-,o nor did it-., ad, ocalL' t::ro-...., examine an) of the v. itncssc:-.. It,-., -,uhmis:-.ions were aho \ cry bril'I - neither ,upporti1c or dctracti1e of the ()Tl"" s position. Salaries And Advanced Skills Teacher t AST) r\s mentioned earlier. the ()TL Council al its meeting on 9 /',;ovembcr 1 996 rc-,ohcd to pur,-.,uc an aggregate \\ age claim of I {)(/( per annum ½ ithout rradcolls and \\ ithout increases in the 1-1 orkload of teacher,. The rationale l(ff the claim \\ a"-i abo JXO\'Jlkd earlier hut to :-,ummari:-,e, and according to the evidence of the (iencral Sccrctar1 of the (_)TL John Battams. the l1rsl main element wa:-. ··ror :-.ub:-.tantial incrca'>C'- in ...,aJanc'.'-. to :-.tart to n.�drc:-,:-, a long-term decl ine in the real salaric:-, of teacher,., and in the :-,alaric:-, of teacher:--, compared to the crnnmunilJ gcncrall;.. The \Ccund clement \Vas .. that the rcquircmenh of an) agreement had to he realistica l l y achic\ed during the l i fe or the agreement \\ ithout inL:rca:-,e..; i n teacher \Vork. loaLb and \\ ithout trade-off:-. of \\ Ork.ing condition:-,. teacher nu mber\ and C\\ential re:-.,(Jurcc:--·· rl1c e, idencc of the Director of H uman Resource, for Ed (J . .J i m \lcGowan. ,, as that Cabinet. h v deci,ion of -+ N m ember 1 996. determined ihat Spccilic Sen icc Dcli1 cry Agencies i SSDA" s J including !--,d Q \\ere expected to negotiate long term agreement.... and \\.Ork. to a maximum target uf --1-( ; JlL'r annum unle:-,\ there \\, ere -,ignificant .. huy-out:-." of ½ork.ing condition:-,. Supplementation of agency hudgeh to fund the inLTe�he\ wa:-, :-,d at J 1!( per annum. It i-, again'.--.t thi-, hack.ground that negotiation:-, and indu-,trial action. protected h) legi:-.,lation. took. plaLT a:-. each pan) "ought to achieve ih ohjccti\ e:-, in re:-,oh ing the matter. \Ve ha\ e pre\·ious!) indicated that during: the course of the hargaining period. the offers made by both parties were modified. At the height uf the dispute the Lnion amended its offer to approximately 1 4'!, 01er the l i fe of the agreement 1 2 1 cars and 5 months) plus the AST rollup. ( Sec olfor of 1 1 \'lay 1 997. 1 bi Q made its l1nal offer on 3 .June 1 997. This proposed varying incre..1:-,e:-., to different :-,alary levels. aggregating from 1 0.2c{ at Band I Step I to 1 2.5'/r at Band 3 Step 3. The proposal also mcluded the AST roll up which would have given those teachers on Band 3 Step 4 a 1 7.5'7c increa:-.,c ()\'Cr the l i fe ()f the agreen1cnt. Both partie, have now recanted from tho.se positions. Ed Q said it changed its position on the basis that the otter ,, as made at a time when schools were haemorrhaging. however the payment of an interim 49r increase from I J u l y 1 997 and reference of outstanding matters to arbitration had abated the disruption in schools. The QTl 1 resilcd from its offer on the basis that it wa.s put in order to secure a resolution. Given that this was not able to he achie1ed. the Lnion ha, adopted a position more akin to its opening claim. h,r the arhitration the ()Tli sought three increases of ()C fr each from J J anuary 1 988. I October 1 998 and I J u ly 1 99'). The increases ,ought were in addition to the 4'/r increase made available from I J uly 1 997. For its part. Ed () sought salary increases of not more than 4'/r per annum over the l ife ol the agreement. Despite the fact that the parties have retreated from their olkrs made during the ncgotia1ions and have put fresh claims a,s part of this arbitration \\e arc of the view that the resolution to this matter lies \\ ithin the parameters ,et by the otkrs made in May and J u ne 1 997. We hav e reached this condu:-.,ion follo½ ing our :-.tated intention-, or arri\'ing at a rc:-,ult which wa� appropriate given the context of the hargaining had an agreement been achieved h1 the parties. The olkr made by Ed () occurred ti,lkl\\ ing unprecedented industrial action by the QTU and at a time of maximum public and political pressure. Despite this. the best offer 1-1 hich Ed () could make ,,as either that made on 3 J une or cJ..,e '.--.Omething very clo:-.,ely re:-.,cmhling it. In our vie\\ in l ight of the intensity of puhlie scrutiny and political pre"urc. the (_)TL were remiss in failing to -,ccurc an agreement at that time and continuing to pre:-.,:-., fix unwarranted an<l indu,trially unattainable \vage increa.-.,c .... The quantum of :-,alaI") incrca-,e-., .'>ought h) the QTU wa:-., never achie\ able in light of the go\ ernment · :-, J x. .:j.C;j oiler. In our vie\\ to achie\T the concession of no cost offsets \\ a .s significant for Ed () and teachers hut the extent of the significance failed to he recognised hy the ()TU. Although Mr Battam:-i .'>aid in c\·idencc that it wa:-., teacher-, who were promoting :-,uhstantial wage increa\e:-., to the Union to pur:-.,ue. rather than the re\ cr:-,e, on our assc.ssment of much of the () n: material heforc us. the ()TU nol onl\ enthusiasticall y embraced its membership"s requests hut made a ma_j or conlrihution to rai-,ing and promoting unreali\tic expectation:-, among.'>l them. As thi, decision will not fulfil teachers cxpcctatums the panic, and the Commission arc likely to be confronted hy di,appointcd and disillusioned teacher,. That is the u nfortunate but incv itablc result of the campai[>n condue1cd by the Union. We have also pre, iously made co111mcn1 that the inclusion of the Leading School'-> program into cnterpri"e hargaining negotiation:-., clouded the j-,-,ue of \alary incrca:-,e:-.,. It certainly appcareJ to give added lmpetu.-, to QTL " ,._ campa1g1i. /\s much a, we may have been critical of the ()Tl; " s pursuit of rndu ...trially unrealistic \\·age claim:-., \\e abo ha\e c..1u:-.,c to he critical of ccrtai11 of the ernploycr" .s actions. We agree with the ()TU"s criticism that the cndor ...en1cnt of the negotiating agenda for Ed (). _-,ix \\ Cek:-., prior to the expiry date of the fir:-,t certified agreement placed u nnecc:-.,-,�1ry prc\surc on the panic:-.,. In a<ldition. the announcement of :-.,uch a :-.,ignificalll initiative a:-., the Leading School:-., program and it.'> inclusion in the cntcrpri"c bargaining: agenda some three 11ceb before the expir) date could not hav e been better dc:-.,igned to incrca:-,c pre:-.:-,ure and create ten ... ion bet\\ cen the panic'-. H m1 e 1 er much Ed () ma) now 11 ish to argue that the Leading Schools program \\a:-., a continuation of the dc\ olution pnlcc:-,-,_ thi:-., :-.,ii\ uncornfortahly \\ ith Mr Peach·" e\ idence ()f the program heing the mo'.--.t -,ignificant initiati\e o\ er:-,cen in hi-, admini-,tration. ( p. 42:-i of 1ra1hcript l. The timing and the manner of the announcement perhap:-., created an unintended cor1se4uencc from the perspective of Ed () hut \\ C hclic1c the) 1, ould ha1e been nai , c not to expect the extent and nature of (JTL , reaction gi\'en it.i.., L'onte.\t in entcrpri:-.,c bargaining negotiation:--. The matter of the agenda for cntcrpri:-.,e bargaining negotiation:-, j,._ clear!� a LkL·i..,Jon of the partie:-,. \\'e -.;imply make pa-,-,ing comment un the wi:-,dom of including the Leading School:-. program into the negotiation:-, not hecau�e of the degree of Ji:-,putation generated a-, a cun:-,e4uence or bccau:-,e of the other strategic re,pPnsc, developed h1 the QTL'. \Ve make the comment on the basis that it ,,ould seem to us that the Lcadmg Schools program is a management initiati\c for organi'->ational change. A-, ... uch it... implementation ,,,.., I 3 March, 1 998 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1 77 is a matter for management. We accept it i, industriallv sound to secure commitment tu such a significant policy direction from a party whose members may be affected. In our 1 icw the better strategy would have been to Jimil enterprise bargaining discussions to the effect of the implementation of the program on teachers. The approach adopted hy Ed () invited the hyperbole. negotiations and amendments to the policy . The resultant chang,·d outcome which caused such acute disappointment to Mr Peach was ine\ itahle given the decision to make Leading Schoob an agenda item. We also consider that Ed () has at times heen 01·crscnsiti1 e to the QTL" s industrial campaign. While we have clearly expressed our view in relation to its salary oh_j cctives. it remains the case that the Workp/(lce R�lorion., A o / 997 permit.\ and encourag:e:-., particular respon:-.,es during bargaining period:-.,. The action taken by the ()TU was permitted by the Act and was protected action. That Ed () wa, a, easily offended by such an industrial reaction is prohahly due to a combination of factur, including the schema of the Je�islation, the commit ment of the Lnion and its members to its campaign ohj cctivc,. the public relation, exercise undertaken by the Union in rr;ll oking sigm!Jcant public sympath) . the Department", lack of previous exposure to such concerted industrial pressure and the timing of the Leading School'-> announcement late in enterprise hargaining ncgotiauon:-,. We believe comment should also be made about the Governmem· s t or Trcasur', · s) approach to enterprise bargaining particularly in respect of Departments. It is the right of the Government. as it is of any employer. to Jetennine resprnhihlc fiscal rolicy, including ih preferred wage negotiation riutcorncs. It appears to us however that the approach adopted by G01 crnrn,·nt is one of a ""one si1e lits all" w hereby the same level of salary increa'->C'- arc put on offer for the same duration of an agreement regardlc�:-, of the agenda and the v-alue of the bargain. Admitted!::, . Ed Q and Health were able to secure an agreement which I\ as different from the norm - hut not 11 1thout ma_jor effort. It also appears that some agencies may ha1e abo been able to secure a modest departure. hcmcver. in the main. the across the board approach has been adopted. I f productiv ity change is genuinely sought then it ma) he that the value of the bargains may ha1e to difkr across the puhlic :-,L'ctor Thi-, j:-,:-.,ue rai . ..,c\ difficult quc ...tion\ for Go\·ernment. Lnions and cmplm ces. W c do 1101 pursue the matter further. \\'c ha\-e not been ,ati-,fied on the material before u:-, to grant significant '->alar) increa'.--.e\ hccau-,e of the implementation of the Lea<ling School:-., pro�ram. \\'c arc :-,ati\fied that the greate-.;t initial impact will he on Principals. For tlm reason Principals participating in the Leading School.s proμrarn v\ i l l receive ( non negotiated ) sal�lr) inLTea:-,c:-., of 5 r1r in addition to th,· nnerim --\1,; and the amounts awarded h) this decision. This additional 5r,; 1:-., in reco�nition of their mcrc;hcd respon,ihilitie" and accountahilitic-, umkr the program. In our \ iew the incrca.-,e:--, \\.C h;:ne determined will adequately compcn:-,atc tead1er:-., for change:-., \\ n)l1ght hy the program ( where alkctedi mcr the l i lc of the agreement and for the other changes included in the a�rcemcnt. It may ½ell he the Ci\e that at the cx.piration of the agreement and the A\\ard made as a resul t of this process the Leading Schools program i-, '-LTn 10 ha\ e had a more significant impact un the dutic:-. and functions of tcai.:her'.--.. It \\ ould he open to the partic..., when a nc\\ agreement i:--, heing ncgollatcd to recon-iidcr ih mi pact 111 tcnlh of '->i.llar; incn::a:-.,c" fur teachers. Teacher !V11mbers and Attraction Rates One of the argurnenh advanced hy the Union in support of ih ..,alary claims was the need to set salaries to attract people to the teaching protcssion. El idence on hchalf of the QTU in relation to this matter was gi\ cll by Barhara Prc-,ton whu in recent 1 ears has worked primarily a:-., a freelance re..;earcher and policy analyst in education and who has been comrnissioned hy the Australian Council of Deans of Education t ACDEJ to c,11-.-> out consultancies on teacher demand and supp11 . She said that the pro_tection.s ,he had prepared \\ere primaril y intended a, a tool of planning hy t:ni,·crsitv· facu lties of education. On the basis of her lindinμs Ms Preston ,aid that ()uecnsland ,, as expected to experience a ,c, crc shortfall at the primar', le,cl and a moderate shortfall of teachers at the :-.,ecrn1dary level. A "ignificant factor wa� the change in course length. The rcpo11 did not di"aggregate according to :-.,ubject or ,pcciah:-.,ation'.--.. '\"Is Preston stated that the implications of her findings ,,ere that school ,ruthorities should increase the attractiveness or teaching and the satisfaction that teachers get from their 11 ork. This would include substantial increases 111 ,._a\arie-, and condition:-.,_ a campaign to recruit graduate.-, and provide cffccti \ e refrc-.;hcr. updating and induction training to encourage re-entI) . Mr McGo\\"an for Ed () stated that no qualitative research was arnilable linking higher salaries to teacher quality. H e disputed that there was any teacher shortage or pro_jected shortage in ()ueen,land and that Ed Q currentl y had 6000 teachers registered fo r employ rnent. H e referred t o the use of scholarship, h1 the Department to meet particular areas or shortage, such as maths. science and infonnation technology . The evidence or Mr R. Irving. Director. PeNmnel and Employee Relations. Department of School Education in /\e11 South Wales ( NS\V ) was that there were a number of incorrect assumptions made hy Ms Preston. He said that there was a waiting l ist of teachers for positions in ts;SW. that she a.ssumed a higher separation rate than that which occurs and that the report did not categorise shortage, according to speciality. He said that 111 N S W they relied on their own statistical information and prnvidcd this to Uni,ersitic,. Mr W. Foster. Manager. I ndustrial. Legal and Staff Welfare Section. for the Department of Education in the Australian Capital Territory (ACT ) spoke in a similar vein as Mr Irving. The Education Department in the ACT did not \·iew the Pre1.,ton re:-,earch a:-., hcing accurate. The current Departmental pro_1ections showed more persons ,eelsing po,itions than positions available. He ,aid that " hi l st there ma::, he a global need. Ms Preston· s pro_jections of the ACT arc presently incorrect. These matters were raised by the QTU on the premise that the Cornrnission should determine a salar::, rate to attract graduates to and ex teachers back to the teaching industry. A :-,imilar argument was abo presented during the :-.,penal c1.\c proceedings relating to teachers in 1 99 1 . We think the comments of the Full Bench made in that case arc apposite here -- ""Emphasis was placed upon the reduction in lirst preferences to education at tertiary entrance level over recent years. together with the fact that a limited number of top ranking students arc heinf! attracted into the profession. We can accept that career ,election decisions taken by school leavers arc based on a multitude of factors. These would include career prospects and relative salary levels as contended but it would he an ovcr-:-,implilication to ...,uggc:-,t that initiati\ C\ aimed at tho:-,c areas would provide a remedy to the concern, raised.--. ( I Yi ()GIG 808 ) It follows that we have placed l ittle 1-1eight on this aspect of the ()TLJ " s "uhmi-,,._ions i n the pre:-,ent ca'->e. Relative Decline of Teachers Salaries We have also not been greatlv influenced by thi.s aspect of the Union · , arguments. Although w e d o not dispute the statistical material placed before us bv the Lnion. it is clear on the evidence of Mr McGowan that Ed () were not motivated to offer increases ha,ed on this factor. I ndeed. it \\ould appear to ha Ye hccn irrck\ ant to any of their con:-.,ideration:-.,. \\le abo agree with Mr McG011an that the issue of the decline of teachers salaries 1-1 as addressed through ,pecial case proceedings in this Commission in the early 1 990" s. In our vie\\ while the issue of the relative decline of teachers salarie, may he an important issue to the (_)TL and its membership. given the nature or cnterpri'->c hargaining in the puhlic -,ector, payment for thi:-, wa.'> ne\ er truly on the negotiating agenda. \\'e have pre\ iou'.--.ly di:-,cu:-.,:-,ed the principle-, determining this arbitration and as a result. we do not bel iev e great -,ignificance can he attached to thi:-, argument. National Benchmark During the course of the hearing the Commission v,as advised by the Federal Secretary of the Australian Education Lnion ( AEl; J _ Robert Durbridge. of the benchmark ob_jcctive of that organisation to achieve a rate of S5'i 000 for the 4th year graduate at the maximum of the scale bv the year :2000 Advice was also gi1cn hy \1r Durbridgc that ""the rate of ','i(J 000 i .s. at the prc:-.,ent time. the appropriate benchmark rate ha ...ed on agrecmenh and expected increa:-,e:-., in the State'.--. and Territoric-,··. Whilst thc,c :-,tatcmcnh appear to conflict it appears that the AEU has 1101\ accepted the rate of S50 000 as being more achic, ahie. :vlr Durhridgc referred to increa.ses \\hich had been granted in NS'vV. with the salary maximum for a -l 1 car traincd teacher reaching S50 000 in January I 999. Mr Durbridge also gave evidence of increa,es in other States: salary maxima: Victoria S--\6 3 1 7 from 3 Februar) 1 998. S.A. S-+'i 425 from I J u l y I 998. W .A. S45 493 expected March 1 998. ACT S49 1 86 from I J uly 26 1 1 5 _ I .DOC -- 4 of 7 -- - 1 78 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1 3 March, 1 998 1 999. He suhrnitted that further increases would be negotiated when agreements expired. E, idence ½as gi,en by Mr Foster of the negotiations which occurred i n respect o f t h e ACT agreement. He said that offsets gi, en h y teachers amounted to 2 .41.;; . These included a substantial reduction in the rate for casual relief teachers. a , ol untary early retirement scheme with stated conditions. the abolition of the AST scale and some professional development during the school vacation period. He said the primary difference between the ACT agreement and proposed Queensland agreement related to the area of supplementation. i.e. in Queensland the teachers arc not required to give offsets ( find savings) in return for increases. Mr In·ing in referring to incrca�c'.-1 in l\S\V �aid lhat the parties to that agreement agreed that 5,55M needed to be found within the school sector t" help fund the increases. The result wa.s 1 4'(.; funded by Gov ernment and 2'{ funded hy sav ings. We have concluded from the evidence of these w itnesses that:- ( i I the rate of 5'50 000 lcir the maximum of the four year trained scale w ould not appear to he an unrealistic outcome hy the year 2000 if the AST classification is rolled up as part of the i ncremental salar, scale: and \ ii ) regardless of w hether the national benchmark rate is achieved. each '.-.late or territory negotiate'.-, ih o\vn cnterpri.'>c hargam <..;pccific to ih circumstance\. Salary Determination I n relation to the salary lc,els having regard to all that has occurred, ½e have formed the view that. had negotiations concluded satisfactorily. at no level should the i ncrease awarded be less than 4';i (cumu lati, c 1 2.48'¼ m-cr ., years) per annum. This is consistent with the public sector wide offer. At levels where _l June 1 997 offer of Ed Q w as rnore than 4 '/r per annum. the Commission determines the increases to be those of that ofter. Our decision will del i v er to most teachers a total increase of more than 1 4'fr over the l i fe of the agreement. The operati\ l' date..., for each of the increase'.-. i'.-, the '.-,amc a'.-, tho�c pnl\ ided in the certiried agreement relating to the upcrational area-,. t See suhclauses t 1 1 to 1 5 ) or clause _l _J of the Department of Education ()ueensland Certified Agreement 1 997 !CA 7 1 7 of I ')'-)7 1. 1 AST Classifications In their mid ) Car offer'.-, hoth panic" recogni:--ed the attainment of the �,.�() 000 rate albeit over different t irncframcs by rolling up the AST c]a'.-,.'>ification. Ha\·ing regard to the principle, gu1dmg thi½ arhitralion. \\ C have also decided to roll up the ;\ST classification a.s part of the incremental '.-.alary -..ca!c for teacher:,.,_ Mr 8attams prm ided evidence thal the State Council of the QTL in N m crnhcr 1 996 apprm ed negotiations that the AST I dassification he absorbed into the teacher salar1 scale. He said that Ed Q was acl\ iscd of this 111 rebruar, 1 997 and the offer b1 Ed Q on ] June included the absorption uf 1\S"I I as part of the m crall offer. Mr T. Barlm1 . Assistant Secretary of the QTL. prov ided evidence regarding the creation and rdlncmcnt of the AST I cla:-.:-,ification \ince 1h inception and inc]u-.,ion in the ,-:\v, ard. He referred to the 1 Imitin¥ factor of the :-,chool ha:--.cd lJUOta and the change-. in the :-,election criteria. In hi:-, \ ic\\ the outcome\ had not hccn achic\cd. H e ,poke of the animo<..,ity created h; \Jtting in judgmcnt on one·.., peer\. the lack of �uitahle training and time to GUT) out a:--.sc:-,:-,rncnh. the failure to pru\'iJc meaning-J u i feed hack. the 1ntru,llln of Principals i nto the procedure and the complex process set in place for assessment of teachers seeking the AST I level. Mr Harlm, stated that 1-.d Q had not been willing tu adv ance the creation of AST levels 2 and _l '" had been proposed in 1 99() and requested in 1 996. He referred to the fact that the failure of the AST had been recognised in other States ! '.'iSW. ACT and VictonaJ \\ here the AST had been com crtcd to an incremental .step. 'vlr Harlow referred to the process as a ··di\ JSivc. i neffecti v e. time consuming AST prncess .. " hich ··should he abandoned·· -\t the hearing Ld Q totall1 opposed the absorption of the AST I ievel into the teaching scale. 'vlr Peach stated !hat the .-\ST I level w as of important symbolic v a l ue in a quality educational s1 stem. He said it was the ()[1ly method presently a, ailahlc ¼here the Department could recognise and reward teaching: C\celknce an<l commitment. Mr Peach stated that the offer to incorporate the AST le, cl was an attempt to gain acceptance of the Leading Schools program which was a fundamental reform i n education and critical for the future. He said in so doing Ed Q was prepared to sacrifice the AST level in an effort to appease the QTU and gain their support for the implementation of the Leading Schools program. He said that thi s rationale no longer existed. The Leading Schools program had been diminished and devalued. Changes in what Ed Q were trying to accompl ish had resulted as had diminished llexibility. Ed Q had failed to secure a commitment. Mr R. McHugh. Assistant Director-General Operations of Ed Q, stated that the AST I classification should he retained to recognise demonstrated excellence and encourage such teachers to remain in the classroom. He reterrcd to the criteria for appointrnent which he said was designed to reward demonstrated competence and ski!Ls rather than years of service. Mr McHugh stated that the i ncorporation of the AST classification into the teachers· scale ½<lllld defeat the very purpose for which the classification was created in the first place. Mr T. Mould. Principal of I ronside State School. stated that the classification of AST allowed school.s to recognise and reward teaching excellence. He said that as a Principal he had asked AST" s to u ndertake roles as a mentor and a curricul u m leader under the guidance of a supen i sing administrator. He stated that persons achieved the classification because they had demonstrated advanced teaching skills. I t was clearly the case that Ed Q no½ wished to retain the AST classification in its present fom1. Many of the complaints le, elled at the AST classification by the QTU were t,,reshadowcd by the Full Bench during hearings in 1 99 1 . Perusal of the \ ariou\ dcci:-.ion:-. c1nanating from tho�c hearings clearly sho\v:-. that although the Commission saw merit in the concept, it held reserv ation.s about ho½ the classification rnight w ork in practice. T½o exarnples highlight these concern:-.:-- .. The hil l Bench mcrnbers had rc.serv ations about the practical application or the AST concept and for that reason sought to exhaust every outcome of potential agreement.·· ( 1 99 I J 1 ]8 QGI G 90 (ac 9 1 : and ··we arc not u nmindful of the need for selection criteria and processes ½hich arc capable of producing workable ou\comcs ,vhcn applied lo the concept.·· \ 1 99 1 ) I .17 QGJG 407. We arc howe,cr rcyuircd to rnake a determination based on the rnaterial put to us and by considering what the outcome would have been had the negotiation:--. been concluded with an agreement between the partie'.'I. .Accordingly. the Commission has had regard to the otkr hy Ed Q on 3 June 1 997 to rcmm e the AST harner and create in its place a Sernor Teacher salary step accessible from I .January 1 999 to all teachers who complete I ycar·:"l ..;crvicc at the maxim u m of the 4 : car trained :"lcale subject to making LTrlal!l cornm1tmcnh. Whilst this part of thc' offer was said hy the Director-General to be a last ditch effort to huy a commitment to the Leading Schools program and that he " '" firm!) of the viC\v that it should he retained. the Commission ha.s taken !he vie½ that had the negotiations heen concluded successfu ! l1 . the AST harrier would ha,e heen remmed and a Senior Teacher step created. We reach this conclusion because of the preparedness of both parties to trade the matter off. Had the AST been as essential as that advocated hy the witnesses called by Ed Q then we doubt that it would have ever made it on to the negotiating table. The fact that Ed Q were prepared to trade ii off to huy commitment tn the ho!: grail of the Leading School\ program undcr:"lcorc:"l ih real \ ,due. Whilst we think merit exists in the recognition of demonstrated excellence. the fact is that the advanced lcvcl.s of AST2 and J . which were initial!, proposed in the early 1 99( )" s. hav c not been proceeded with. I n addition. the process ilself is cxprc.ssed h1 the Q T L ' t o h e cumbersome. complex and time consuming. This seems to explain why quotas for the AST positions hav e not been tilled in recent , cars. It explains w hy the AST lc, el has been abandoned in '.'iSW. ACT and Victoria. although the argument in tho:"le State:"l \\ a.-, that there \\ a:"l no real barrier and that no purpose w ould hav e been served in retaining i t. The QTU did not believe a significant adverse reaction from those currcnt11 on the .-'\ST classification w ould result from the comersion of ,-\ST rnto an additional incremental step rather than remaining as a discrete position attainahle only on application. This view is con.sistent \\ ith that 1 3 March, 1 998 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1 79 expressed by interstate witnesses whose education systems have experienced the transition. We trust this outcome actually results in Queensland. Although we have reached the vie½ that the AST I classification should be abolished we do not believe that nothing more should be required of a teacher to reach this pay level. It is a significant salary and as Ed Q pointed ouL teaching is prohabl) the only profession where a person can achic, e a ,alan of $50 000 without having to submit a Joh application or participate in a ,;romotion :"ldcction procc:"l:"l. Accordingly while we are of the v iew that the AST I classification should l•c abolished and its salary become the last step of the incremenwl :',Cale. \\C propoc..,c to do two t hings to demon'.-.tratc to teacher"> that an extra commitment is required to reach the level. Firstly, to access this level teachers \\ i l l be required. in addition to meeting the standard requirements for mcremcntal movement, to :--ign an undertaking that on rc4ucst from the Principal they w i l l undenake on a conti nuing basis such higher Je,cl duties which would have been expected of teacheh who previously attained AST I lev-cl. f,1r example. those outlined in Mr Moulcl " s ev idence. Should a Teacher not comply with an undertaking he or she has g i ven. the teacher is to rc,ert back to the second last step of the -+ year trained teacher scale where thcv will remain for a period of 1 2 months. Access to the final i ncremental stcJ; \\ i l l then only be arnilahle again where the teacher provides the undertaking and the Principal is satisfied that the undertaking '-' i l l he honoured. Secondly. in recognition of this commitment. the last step shall he kml\l n as Senior Teacher. The additional step and its title are to be included in the Award made as a result of this arbitration. While reference is to he made in the A½ard to the undcrtak.ing ret.Juircd to he \igncd, v\C do not cnvi-.,agc that an cxhaust i \ C li\t of higher le,el duties would need to be developed for inclusion. We acknm1lcdgc that some protections arc needed to ensure Senior Teachers arc no\ al located i nappropriate or unneces.sar) duties however we think a l i st of indicat l \ e tasks should sullicc. Should the panics not be able to agree upon a list of rndicativ c tasks the matter should be referred to the Cornmission. The cum cr.sion of the AST into an additional incremental step shall be opcrallYc' from I January I 999. This is the dale initially canvassed by the panic, in mid 1 9')7 at the t i me of their various offers. The effect of our decision is that at I J u l y 1 999, the minimum salary for a teacher who g i v es an undertaking will be 5'50 000. The incrca.sc m er the J vear period for those employees who w ere not at the pre, ious AST lc, el will he ! 7.)r/r curnulati\'c. Ed Q bad indicated that if increa.scs are granted beyond their proposal monic·s \\ Ould have to be found from ½ ithin the teachers budget. We rccogni'.-.c that \\ C ha\C granted i ncrca:--e\ in some area\ higher than tho-.,c proposed. \Ve merely note that the funding of those i ncreases is a matter for Gt)\ '--Tnrnent and not for thi� Commi:-.sion. Funding of the offer relating to the ahsorption of the AST level into the teachers scale would have already hcen dctcnnincd by Ed Q. We also note in other States cost offsets were ohtamed. Our decision i n respect t o payments for casual supplv teachers should prnv ide administrati , c \J\ mg"l v;hich \\ i l l in part fund certain incn:a:--e:--. :-\ comrxtri\on of ,.,,aJary maxima for teacher\ in Quccn:-.land in relation to rate:-; already ncgotiateJ in other \late\ a-; ad\'i\cd tu U\ at the date of hearing is shown helm, It is ohvious that further i ncreases w i ll he negotiated alkr agr�erncnts prc�ently entered into expire. The �alaric� included in each ca\C the roll-up of the AST level into the teachers scale. Q.!.& !\SW VIC ACT S.A. W,A, 1 /07/99 l / l /9Y .1,/2/98 1 17/lJ'J 1 /7/98 expected March 1 988 v,c;o ()()() 550 ()()() S-16 3 3 7 S-+9 I 86 s..i5 ..i20 S-+5 4'JJ Casual Supph Teacher Rates Casual supply teachers arc current!) employed h) Ed Q to til l planned or cmergcnc) ah....,cnccs of permanent teacher� for period� of five day\ or Jes....,. The) arc paid accorJing to their teaching experience. the ....,a]ary hcing that -.,et by the salary �cale i n the A\\ ard ( pl u s enterpri-.,c bargaining: incre<.1.....,C\) together w ith a loading of 1 9'/r for the casual nature of the \\ ork. Ed Q sought to negotiate a flat rate for casual supply teachers. '.Siegotiations on this i ssue appear tu have been quite limited although it ½as put to us that the provision of a flat rate was sought very seriously by Ed Q. The l imited extent of negotiations can be gauged from the evidence that the quantum of flat rate proposed b) Ed Q was ne,er disclosed to QTU during the negotiations. As part of their proposal of 1 2 May 1 997 to settle the dispute the Union proposed that a flat rate be i nvestigated during the l i fe of the agreement. As a result of the rejection of the QTL offer thi, proposal was nev er advanced. A ballot of supply teacher members of the QTU was conducted i n August 1 997 to determine their position on a f l a t rate of payment. An m erwhelming majority (74'/r ) rejected the proposition. Howe, er, no polic) decision had been made at any time including up to the date of the hearing. In explaining the Union' s position Mr Battams i n his evidence in response to a question as to whether. taking into account the outcome of the hallot of supply teachers in thi.s matter. the Union ½ould he prepared to nm1 im cstigate a flat rate payment said: ·That ½ ould he a policy decision for the Council of the u nion. I suspect that they·d he willing to consider that hut giv en the strong rntc. it would he ditlicu l t to say how that would go. lt"s also. of course. a line to the wa\ in which teacher relief operates in schools and we haven· t ) Cl experienced, throughout the Stale. the new sy stem of new teacher relief under the leading schools proposal State wide. That may. in fact. afford some change in the mernhership hut the onl) statement of membership \'iC\\ we ha\'e j...., one which i\ fairly -;trongly again\L at thi...., -.tagc." ( p. 1 4 1 of transcript) I t was not until the proceedings before u s that Ed Q disclosed its position on quantum. It proposed that the flat rate should be the rate applicable to a first ,ear teacher holding a teaching degree \ Band 2 Step I J. plus 1 9'/r although its final position became one of an amount which would not i ncrease present costs for supply teachers calculated hy determining the average payment currently made to such teachers. Documentation tendered h, Ed Q \ exhibit 4 3 ) sh,med that the average cost of supply teachers for the 1 996/97 financial year ranged between S 1 50 per da1 and ', 1 75 per da1 depending on the region. The average acrO\'I the .... talc \\ a\ � 1 65 per da\ . Thc'IC a\'crage daily co\1\ exclude on co...,b. Ed Q" s po.sit ion on supply teachers is clearly described in the ev idence of Mr Peach. where he stated: '"The tlat rate supply teacher i ssue. Commissioners. a l so pertains to the Leading Schools program. \Ve·rc not \eeking to make off....,cts in dollar terms from the mov e to llat rates. I helie,c our bottom l ine position \\ou ldn" t demonstrate that. What we want is an administrat i v e ly easy system, a fair sy stem which schools. who will ha,e control of TRS. arc ahlc lo operate casil v and a llat rate system w i l l ,di m, our reform prnccss to proceed easily . In terms of the position that w e · ve put to this time. \\e ha\'C onlJ put our i nitial po:-,it ion i n \\ riling. and that\, because at no time has the QTC sought to negotiate this matter. So the actual quantu m of the flat rate is not something that we hav e put a final position on hut the position of one llat rate for TRS i s one which we seek V"CI) seriously.··. (pp. 423 - -+2-1 of transcript l The two prongs of Ed Q · s argument for a 11at rate were that casual supply teachers do not perform all the duties of a permanent]) engaged teacher and payment under the present system presents a significant administrative difficult) for the Department. In circu rn\tann�,._, other than lho:-.c confronting u-; no\\ \\ C \.\- ould h,n c some difficulty i n accepting that the administrati , e difliculty. ( which we find u nu:-,ual ) \\ould he a rca\onablc ha\i\ for fixing one rate \\-hen..' lcachcr...., of \ ariou\ sk i l l level\ arc engaged. \\'hat i:-. hcing a:-.ked of LI\ i\ to fix one rate which is to he applicable to all casual suppl) teachers w hether new ly qualified or highly ,killed and experienced up to the lop lev cl of the present \alar: ....c.dc . The evidence before us clear!) is that casual supply teachers do not cxcrci\c the \amc range of \kills and re....,pon'.-lihil i t) ac., arc excrci,cd h: permanent teacher-;. The e \ idcncc also i-; that they cxcrci�e a different range and level of skills in some areas. Ev·idencc dealing with the nature of casual supph teacher duties w as given hy two casual supply teachers. Ms Caterina Early and Mr I an Peters and was supported h) ev idence frnm some other '-' itne.sses called by the QTU including Mr Ian I saacs. Principal or Aspley State H igh School and 'vlr Graeme Hall. Principal of Eatons H i l l State School. 26 1 1 5" I . DOC -- 5 of 7 -- ... 1 80 QUEENSLAND GOVERNMENT I NDUSTRIAL GAZETTE 1 3 M arch, 1 998 Their e\·idcnce went to a variety of area\ where different circum:-�tancc\ confronted casual supply teachers including phvsical conditions: the need to he constantly prepared to teach acros, the whole range of classes and to have arnil ahlc up to date re.source material for those classes: the need to quickly a\.\c�s a cla-,-. to determine it:-. progre�s ¼ ith rc'.-.pcct to the regu lar teacher's planning and programme: the frequent ah\cncc of any programme details: uncertainty of obtaining \\ork: the need to engage in profe:--sional development in their own t i me and without financial support: the greater hehavioural management ski l l s reyuired h, a casual supply teacher and the propensity for schools to rely on a regu lar group of casual supply teachers who have prov en their capabi lity to meet the different demands placed on such teachers. It was argued hy Ed Q that casual supply teachers do not exercise rc'.-,pon�ihilit) in a number of areas including curricu l u m planning: ongoing monitoring of programme cflcctivcnc\\: "'itudcnt performance: dcci�ion mak.ing flffU/llS and C\.tra curricular activitie-.,_ The weight of c, idcnce before us is that schoob prefer to use seasoned teacher:-, for ah...,cntcc relief and general ! ) have a team of :-,uch teacher.., which the) call upon for shon term planned and emergcnc:, relief. In one school the ev idence \\ iLS that teachers recent!) retired from the school ,,ere part of the casual supp!) team. This is not to .say that competent hut lesser experienced tcad1crs arc not regular!:, called upon to pcrfonn casual supply work. Mr McGowan·, e\ idence made rclCrencc to the obligation of the profc'-i:•,ion to cn:-,urc new graduate-., arc g: i \ en opportunitie:-, and the recognition by school-., and the Department ut the "rl ue of the frc.sh ideas and approaches hrnught hy newly trained teacher'.--.. It is clear from the c, idence heltire us that the hclief that ca,ual supply teacher:-, arc ju:-,t ··hah) :-,ittcr½,. i:-. not :-,w,tainahle. It i:-. abo dear from the C\ idencc that the range of \\ Ork en\ ironment\ experienced hy, dutic:-, c.1rricd out and re:-,ponsihilitie..., impu....cd on ca..,ual '">Upply teacher.., i:-, not con.\tant. \.Ve arc ½ali'">ficd hov,e\cr that the outcome. had a bargain been \truck hetween the parties. \\ OUid hav e incl uded a different rate 1,,r casual supply teachers than those· current!) paid. We ha, e reached this conclusion in l ight of the l'nion · .., earlier prcparcdnc-.,.., to con:-,ider ...,uch a matter. In our \ ie\\ this is more pcrsuasi,c than thL' predictable later hallot re,ulh Df affected members. \\'e have also taken the , iew that the outcomes of this arhitration. together \.\ ith the matter'.-. alrcad;- agreed. \hould he considered ;1:-. a pack.age. Had the negotiation.\ concluded \\ ith agreement on all rcle\'ant matter\ then the outcomes \\ ould ha,e hcen put to a collcctiH' rather than sectional ballot. \\'e did givL' urn\idcraticm to fixing a ...,mall range of ..,alarie.., which rnit!hl reflect rnrious s!.. i l l levels nf casual supply teachers as \\ ell as the fact that the ful l range of rc-..,pon:-.ihilitic'.--. impo.\cd on permanent teacher:-, arc not i mpos,;cd on ca:--ual s,;upply teacher..,. hov, c\ cr on con..,idcration of the C\'idc11L·e that Ed Q is unable adrninistrati v cly to readily cope Vl ith such a c·irrnmstancc and the preference of hi Q 1<,r one flat rate for all supplv teachers not\\ ithstanding the , ar) ing ,!.. i l l lev els possessed and applied h, those teachers ,, e have decided to set one rate. In fixing thi.., rate \ve have taken into account the preference made C\ ident during the proceeding.., hefixc LI\ for the emplo::, mcnt of a regular group of -..,ca:-,oncd teacher-., capable of taking over a range of cb_t...,_.., levels on an emergency or planned b.1\i'.--. and either with or without a programme of class activitic.s provided. \Ve sl'l the rate at Hand .1 Step I of the present scale of salaries { including cntcrpri:-,c bargaining i m.:rea�e:-, ) together with a casual loading of l 'Yir with an operati,·c date' of I Januar) 1 999 to coincide with AST ! ml! up. Tl'TA Lea,e The l'.nion \ought an cmitlcment f(>r cmplo: cc.\ to attend up to fi\ e day.., palll le,1 \ c r,er calendar year / non cumu!at i \ e J to attend trade u nion trainin� course, apprmcd h, the ()"IT subject to a number of conditions. In effect. the Lnion sought to retain '] l'T,\ lea v e \\ hich had been made a,ailahk to teacher:-. and other puhlic \Cctor \\ Orker:-, fifteen ::, ear\ apl. T}11:-, item for arhitration '"" strong!) opposed h) Ed (). l\lr \lc(j,l\\ an for Ld Q slated that TLTA lca , e for employees had ne, er been pre,cribed by an Aw ard ctc·. hut had hc'en granted under a detcrminatiun by the (Jo\ ernor in-Council. Reference was made to the estahlishmcnt of the Trade l'nion Training Authority ( T UT A) u nder the Commonwealth Act and its dishandrnent in 1 997 following the repeal of the said Act. Mr McGowan said that it was his understanding that the new Special Lca,·e regulations purposely omitted reference to leave to attend Trade l!nion Train i ng ( TUT) courses. He said "there is a pronounced difference hetween the status afforded to Trade Unions under the former !11du.11ria/ Re/u1io111 Au / 990 compared to their role under the Worlp/(1( e Relu1io11.1 ,\Cl I 997 ". Also to prm ide special lca , e for employees who arc mcmhers of a trade union is in conflict with the freedom of a\s,;ociation prnvi-.,irn1:-, u nder the l11d11.\trial Org{lnis{lfions Act I 997. Mr McGowan said that courses pre, iously conducted hy TUT A were approved hy a tripartite authority consisting or Government. Union and employee rcprc:-,cntati\·e.., to cn.\urc that the f()CU.\ wa:-, on improving industrial relations. He yuestioned whether the content of the QTL.' cour,es met this criteria. Mr McGowan said the determination of training needs ,hould he coordinated hy the Departrnent's m,n Centre for Leadership Excellence and the Dcpanment had committed Sfi.7 1 M per year to the professional development of teachers. Mr McGowan also raised the question of the cost or replacing teachers who arc on TUT leave. Mr Peach in corrnncnting on Tt;T leave indicated that such leav e is not. under the nc\\ industrial arrangements, part of the Gm crnment ' s philosophy and he is reyuired to adhere to the Gm crnment · s position. He did not hclicvc that in any other agency Cnion'.--. ha\'c either �ought \Uch leave at enterprise level or seriously attempted to regain TL:T lea,c. In reply to a question from the Hench Mr Peach stated that Cabinet had made a decision in principle with regard to TLIT lca,·e hut there was sti l l the opportunity for Union and Departmental ofllcers to talk ahout professional de,·elopment from time to time. He said he had some ,ympath) towards people being \Chonlcd in indu..,lrlal relation.., particular]�\' \\ hen :-,uch traming had heen arnilahle since 1 982 hut was opposed to what. he said, was the blatant misuse of such leave hy the QTU in recent times in the ohstruction of the Leading Schools . Mr Hattams said that an cntitlernent to up to 'i days paid il'ave per calendar year tu attend Tl;TA courses had existed since 1 98 2 . Mr Battams said that the introduction of T liTA !caw was as a result of an arbitrated decision of the Commission and that it was till' subject of a 2 nd tier agree111cnt hctwccn the QTU and Ed Q. The QTl.' had rnnduucd its own courses under the auspices of ']TTA since i 'J8'i . I n addition the ()TU had crnrnnitted srgnilicant lin:rncial and other resources to TUT and in 1 995 ohtained funding. to employ a trainer fur lhc year Mr Batta ms said that i n 1 997 the QTL sought ad, ice from the Department of Training and I ndustrial Relation, in relation to T l :T lea,·e anti wa.s adv i sed that the rernm al ol T l T from the lc,1, e prov isions w as associated \\ ith the dissolution of the T l :TA b, the Crn11nH11rncalth C i()\ e111mcnt. It \\ as contended that the need for TUT !caw has hecornc more important gi\en the dc\ olution of decision making to \chooJ.., and the greater need to have well trained rcpresentati,·es at a school level to rcpre.sent the i nterests of employees. Mr Hall. said that there arc many situation, in schools i m ol , ing .stall welfare where a well trained Lnion representati, c is ahlc to he of great a_..,...,j..,tancc to hoth mdividua! teacher:-, and ½chool admini:-,tration. Mr Isaacs. stated that he a!Vla1 s supported TLT Ie,l \ c. He Scud that .\Chool.., arc looking at incrca..,ed management and dccis,;ion mak ing at a school level and conflict within that em iron111cnt is best managed when all partic½ ha\ e a high len?! of ...,ki l l-., including negotiation and communication ,J..il ls. \1s Mc!\amara. a teacher at Miriam Vale State School and a ()TC Branch President, ad, ised of the benefits ,he had ohtaincd through attending a TLTA courses. She said henclits accrue not only to the individual and the Lnion hut also tD the Department. Schools hav e access to a person 11 ho i, ahlc, lhrough the :--1-._i ] h acquired \ ia thi-.., trainmg. tu a�:-,i:-.t in ,:onflict rc...,olution. I t was apparent frorn the c, idence that the request !or TLT lca,c had hecn rejected b1 Ed Q ha,cd on Gm crnmcnt policy . ad, ice. or direction. 1 3 March, 1 998 QUEENS LAND GOVERNMENT INDUSTRIAL GAZETTE 1 8 1 ft 11 as also ev ident that no alternat i v es had hccn proposed or explored hy the partie.., whereby rcprc½entati\ e'"> of teacher:-. could receive training on indu,trial relations matters to assi.st them in representing other teachers at the \\ , ,r!..place. The Principal Ohject of the Act states in/er a/io - ··.i . The principal ohjcct of this Act is to prov ide a framework for ,·ouperati , e ,, orkplace rclatiDns that supports economic prosperity and " ,, I fare h, - / h i ensuring the primary rcsponsihil ity I,,r determining matter.s alkcting the relationship hetwecn employers and employees rests with the employer and employees at the workplace or enterprise le,eI:· Pan.igraph ( c J further goc\ on to -.,tate that ··r l' J providing for right.., and rcspon:-.ibilitic:-. t(ff emploJer� and employee'.--.. and their organi\ation:-,. that ( i l :-,uppon.., fair and effccti\'c agreement making: and I i i ) I t i s true a s pointed out h1 M r McGowan that the ernphasis o n the role ol Lrnons ltas changed under the present ;\et from the /11du.11ria/ Rclo!ions :\cl / 'JlJ(). The present Act now envisages that matters w i l l he resolv ed at the \lorkplaee le, cl hy ernplo) ces and ernployers rather than being resolv ed centrally a\ \\ a:-, often the Ube prcviou�ly. h,r this to occur cffecti, cly there must he some cyuality i n the opportunity to ohtain knowledge and training in indu½trial relatiorh a-., hctwcen the participants at workplace level - in the case of a school hetwcen the Principal representing Ed () and the teacher representing other teachers at the ,dmol . Lnlc" this occurs the uneyual representation will frustrate the intent ol the /I.et to prm idc fair and effective agreement making at the school Ie, ci . We ,1 ould not ant icipate that the Gov ernment which ha, enacted the ilC\.\ k.�i:-,!at1on v\ ould intend unequal reprc... cntation a½ between the partie½ at the \\ orkplacc Ie, el. partic·ularly in relation to its own crnployees. I n addition the Leading Schools program \Hltild also appear capahle of gencr,iting a number or indu-.,trial j..,<.,UC\. We hav e limned the , ic\\ that the reprcsentat i , e of teachers at a school. \\ hett1LT that teacher j.., a Union mcmher_ a Cnion rcpre..,entali\l� or a non Lnron rncrnher should ha, e the opportunity to participate in some paid industrial relations training to allow them to prnlicicntl, carry out that task . Wl' are confident that Ed Q will take or has taken steps to ensure that Pr111cipah at each .\choul arc appropriately trained to ctrr) out the function. We h,l \ e noted that there \\ ere no limnal discussions hetwccn hi () and till' ()TL \I ith respect to altcrnati,·es to Tl.'T lca,e. We have formed the \ JC\\ . h<hCd on re\pon:-,e� made during the hearing. that had di:-,cu..,..,ion.., continued \\ ith sDme lateral thought the parties could have settled 011 an alternati , e to TLJT A lea,·e. We hav e decided to include prm ision for paid rnJu-..,tria\ relation.., education leave- in the A\.\-ard made a..., a result of thi'"> arbitration. The details of that lca,c \\ i ll he left to the parties for resolution. llm, c, er the drsrnssrons should focus on the !..nowlcdgc and attributes necc��ary for teachers to he able to perform the rcprc�entat i \ e rule i.e. ncgoi icnion. di½pute re-..,nluti()n. indu:-,trial relation:-. .\ki l h etc., rather than un -.,peci fic l 1nion related matter,. I n addition consideration \hould he gi\ cn to the nu mber of day.., per year to he made a\·ailahlc to attend <.,uch traimng. inc l udmg Department apprm cd courses c,l!lductcd h, the QTLT. \iatura! l, the t,·nion has a right to design courses specilica!l) for 11.1 rcpre\cntati \ C'-, in relation to -.,peci fic L1 nion matter.., hut 1t "-Cem.\ that the:-,e nia;- now need to he conducted out\ide \.\ ork hour:-,. We forrnaliv direct Ed Q and the QTt· to enter discussions about the prm isions of paid industrial relations edurntion lccnc within the framework Dutlincd ahm c. The Commission is prepared to assist the parties i i C{m..,idercd neLT'-i\�tr)- . (KTCO!\IE OF ARBITRATIOl'I; The decision prmidcs the outcome of the four issues submitted h1 the parties for arbitration. Section ,7 of the Act pro, ide, the details and charactcri-,tic:-. of an award n1ade a:-, a result of the arbitration process. Accordirn:dv we determine that an a\\ard tu he known a:-, the Teacher'.--. 1 Enterpri�e, Bargaining:) Award State should he made covering the employees and the employer affected h) this arbitration. The QTLJ and the SPSFQ are also to he parties to the A" ,ml. The contents or the Av;ard ( besides incidental matters) arc to he those determined hy the arbitration. The Award is temporary with a commencement date of I January 1 998 to allow for a salary increase granted from that date. The expiry date shall coincide with the expiry date of the certi fied agreement made hetwecn the parties. The panic, arc directed to prepare a draft Award reflecting the terms of this decision within 28 days of the date of release of thi, decision. The draft is to include the agreed position hct\\een the parties on industrial relations education lca\.e. WJTl'l;ESS LIST John Battams Rohen Durhridgc Caterina Early Graeme Hall Ian I saacs John McCollm, J u lie-Anne :\1cCul lough hona McNamara Ian Peters Barhara Preston QTl A ssi slant Secret an . QTL' General Secrctar) , QTL Federal Secretary Australian Education lJ nion Supply Teacher Principal - Eaton.s H i l l State School Principal _, Aspley State H igh School As,istant Secretary, Research ()TU Vice President. QTli Teacher, M iriam Yale State School Supply & Contract Teacher Freelance Researcher & Polrc1 Analyst EDlJCATIO!\ QUEENSLAND \\/ arrcn Fo½ll'r Richard Irving Jame\ McGowan Robert Mdlugh Thomas Mould Francis Peach G. K. FISHER. Commissioner. R.I-.. H ECHL Y. Commissioner. B.J. N L:TTER. Commissioner. Apf)e(/rtlll("es: Exccuti, e Director \\ ide Bay hi () 'vlanager. Industrial. Legal & Stall Welfare Section. Department of Education. ACT Director, Personnel & Lmployec Relations. Department of School hlucation. '.\SW Director, Human Re,ources - Ed Q Assistant Director General ( Operations I , Ed Q Principal - I ronside State School Director (jeneral Ed Q Mr G. :Vloloney and ,, ith him Mr T. Bario,, for the Queensland Teachers Union of Ernplo1 ees. :Vlr P. Casey and ,, ith him :\1r P. 'vkKay and Mr J R) all 1<,r Education Queensland. 2h l 1 5_ 1 . DOC -- 6 of 7 -- 182 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Mr A . See and wi1h him Dr S. Blackwnnd and Mr C. 1.cnlini for 1hc C rown. Mr T . Hamilton 1<,r 1hc Sime Public· Sen·iccs Fcderuiion Quccn,land Union or Employees. Opcra1ive Dale: I January 1998. Dcci�ion - \Vagc rate-;, Leading �hO(\I:,; program, Ca�u(tl �upply k�tchcrs, TUT L eave. Rebiscd: 27 h:hruary 199� ########################41################################# 13 March, I 998 J 3 March, 1998 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 183 -- 7 of 7 --