AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
s.111(1)(b) application for consent award
Independent Education Union of Australia
(C2004/3620)
s.99 notification of industrial dispute
Independent Education Union of Australia
and
St Augustine's School Whittington and others
(C No. 21069 of 1993)
Adass Israel School Incorporated and others
(C No. 38372 of 1999)
VICTORIAN INDEPENDENT SCHOOLS - EARLY CHILDHOOD
TEACHERS - AWARD 2004
Educational services | |
SENIOR DEPUTY PRESIDENT WATSON |
MELBOURNE, 18 JUNE 2004 |
Application for an award.
[1] This is an application by the Independent Education Union of Australia (IEUA), pursuant to s.111(1)(b) of the Workplace Relations Act 1996 (the Act), for the making of an award to be known as the Victorian Independent Schools - Early Childhood Teachers - Award 2004. The application is consented to by each of the employers proposed to be made a respondent to the award, most of whom were represented by the Association of Independent Schools Victoria (AISV).
[2] The proposed award, as the title suggests, is intended to provide minimum safety net terms and conditions of employment to operate in respect of Early Childhood Teachers engaged by named Independent Schools in the State of Victoria. Those teachers are engaged in year 3 and 4 pre-school facilities operated by those independent schools in conjunction with their school operations. The teachers are currently award free, save that some of the teachers are utilised by their employer for primary school teaching and are, in respect of that work, subject to the terms of the Victorian Independent Schools - Teachers - Award 1998 [AW802001]. As such, the application is subject to principle 11 of the Safety Net Review -Wages 2004 Decision1 Statement Of Principles, as follows:
"11. FIRST AWARD AND EXTENSION TO AN EXISTING AWARD
Any first award or an extension to an existing award must be consistent with the Commission's obligations under Part VI of the Act.
In determining the content of a first award the Commission will have particular regard to:
(a) relevant minimum wage rates in other awards, provided the rates have been adjusted for previous National Wage Case decisions and are consistent with the decision of the August 1989 National Wage Case;
(b) the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which the work is performed (s.88B(3)(a));
(c) section 89A and the need to ensure that it does not contain provisions that are not either allowable award matters, or both incidental to allowable award matters and necessary for the effective operation of the award; and
(d) the award simplification criteria in s.143 of the Act."
Service
[3] I am satisfied, having regard to the evidence of service2 and confirmation of service by the AISV, that each proposed respondent has been properly served with notice of the hearing, the application and the draft award, other than Victory Christian College, which was not initially served but which has indicated its desire to be included as a respondent to the award3 and has been provided with a copy of the proposed award by the AISV.
[4] I am satisfied that the dispute findings in C Nos. 21069 of 1993 and 38372 of 1999 provide jurisdiction for the making of an award in the terms sought.
[5] I am satisfied that the award sought is consistent with the Commission's obligations under Part VI of the Act.
[6] I am satisfied that the minimum wages prescribed in Part 4 of the proposed award are properly fixed minimum wages having regard to relevant minimum wage rates in other awards. The rates are based on and reflect those fixed in the Victorian Independent Schools - Teachers - Award 1998 in respect of similarly qualified employees performing teaching duties in the schools. There is nothing to suggest that the early childhood context would warrant different rates. Accordingly, the wage relativities are properly based on skill, responsibility and the conditions under which the work is performed. Further, the minimum rates proposed fall within the range of rates for classifications for similarly qualified employees in the Metal, Engineering and Associated Industries Award, 1998 Part I [AW789529].4
[7] I am also satisfied that the incremental progression provided for in the award is work value based in the sense required by the Paid Rates Review decision,5 with progression dependent upon the satisfaction of criteria reflective of changed work value. The relevant clause is in the same terms as in the Victorian Independent Schools - Teachers - Award 1998, a simplified award of the Commission,6 and other teaching awards of the Commission.
[8] I am also satisfied that each of the provisions in the award is an allowable matter, in the terms of s.89A of the Act. In that respect, I accept the submissions of the IEUA.7 The proposed award is based upon the Victorian Independent Schools - Teachers - Award 1998, an award simplified by the Commission in November 19988 and my own assessment of the award satisfies me that the award is consistent with the requirements of s.89A. I did, during the hearing, seek further submissions as to the allowability of clause 19 "Remuneration Packaging", but having considered the submissions of the parties, I am satisfied that it is a provision incidental to the matters in subsection 89A(2) and necessary for the effective operation of the award.9 In this respect, I note that clause 19 is in the same terms as clause 20 of the simplified Victorian Independent Schools - Teachers - Award 1998 and clause 23 of the Victorian Independent Schools - Nurses - Award 2003.10
[9] I am satisfied that the award complies with the simplification criteria in s.143 of the Act.
[10] Accordingly, I will make the award in the terms proposed by the parties, save that if the parties conclude and advise the Commission of an agreed provision to give effect to the Redundancy Test Case 2004 Decisions11 by 25 June 2004, and the Commission is satisfied that the provision properly gives effect to the test case decisions, such a provision shall be included in the award.
[11] As agreed between the parties, in order to give notice of the operation of the new award, the award will operate on and from the first pay period commencing on or after 19 July 2004 and will remain in force for a period of six months. The AISV ought communicate this decision and the terms of the award approved to its members as soon as possible.
BY THE COMMISSION:
Appearances:
A Odgers for the Independent Education Union of Australia.
K Knopp for the Association of Independent Schools Victoria.
Hearing details:
2004.
Melbourne:
June 11.
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4 Classifications C1(a) and (b).