Re: State of Queensland (Department of Education) and Queensland Teachers Union of Employees
[2018] QIRC 100
•2 August 2018
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re: State of Queensland (Department of Education) and Queensland Teachers Union of Employees [2018] QIRC 100 |
PARTIES: | State of Queensland (Department of Education) and Queensland Teachers Union of Employees |
CASE NO: | B/2018/32 |
PROCEEDING: | Facilitation request |
DELIVERED ON: | 2 August 2018 |
MEMBER: | Bloomfield DP |
ORDERS: | 1. That the salary arrangements as recorded in paragraph [3], be included in a Memorandum of Agreement between the parties. 2. The Memorandum of Agreement, once signed by the respective parties, be filed in the Industrial Registry. |
| CATCHWORDS: | INDUSTRIAL LAW - APPLICATION - FACILITATION REQUEST - Where Commission may provide assistance upon request. |
| LEGISLATION: | Industrial Relations Act 2016, s 469 |
| APPEARANCES: | Ms J. Valentine and Ms L. McQuattie for State of Queensland (Department of Education). Ms K. Ruttiman and Ms T. Edmonds for Queensland Teachers Union of Employees. |
Reasons for Decision
The State of Queensland (Department of Education) and Queensland Teachers Union of Employees have jointly approached the Commission for assistance pursuant to s 469 of the Industrial Relations Act 2016 to help them progress and record the industrial arrangements to apply to 33 teachers who have participated and other teachers who will participate, in a Pilot Program leading to Highly Accomplished Teacher (HAT) and Lead Teacher (LT) certification.
Relevantly, s 469 provides:
"Commission may provide assistance
(1) If the parties to an industrial cause agree in writing, the parties may ask the commission to assist the parties in negotiating or resolving a matter relevant to the industrial cause (a facilitation request), whether or not the matter is within the jurisdiction of the commission.
(2) The facilitation request must be agreed between the parties, and may -
(a) be in the form agreed between the parties; and
(b)include a request about how the matter may be resolved, including, for example, by -
(i)facilitating negotiations or discussions between the parties; or
(ii)deciding an issue or question relating to the matter; or
(iii)conciliation; or
(iv)arbitration; and
(c)be amended by agreement between the parties at any time.
(3) On receiving a facilitation request, the commission may provide the assistance requested by the parties.
(4) A decision made by the commission in providing the assistance binds the parties to the industrial cause only if the parties agree, in writing, for the decision to bind the parties.
(5) This section does not limit a function or power of the commission under another provision of this Act to conciliate, arbitrate or otherwise decide a matter."
The facilitation request states:
"Under section 469 of the Act, the parties formally make a facilitation request to the Commission. As such, the parties request the following:
-The parties have negotiated to pay the 33 teachers certified during the Departmental Pilot in 2017 at the new negotiated HAT and LT pay rates from 1 July 2018, and those who will be certified in the Pilot in 2018 from the first student-free day which falls in January 2019.
-This is within the life of the current Certified Agreement.
-Clause 5.7.6 of the Certified Agreement relevantly provides:
The remuneration level and date of effect for certified teachers who have participated in the pilot will be informed by the decision of the QIRC.
-The parties submit that clause 5.7.6 of the Certified Agreement envisages that the Commission may decide that the date of effect for the certified teachers who have participated in the Pilot could be in the life of the current Certified Agreement.
-The parties submit that the matter of payment of the teachers certified during the Pilot may be resolved by the Commission deciding the issue or question relating to the matter under section 469(2)(b)(ii) of the Act by the Commission issuing a consent order.
-The parties agree that the decision of the Commission will bind the parties in accordance with section 469(4) of the Act.
-The details of the decision sought by the parties are:
opayment of a salary of $111,725 to be paid effective 1 July 2018 to those teachers certified as HAT in Cohorts 1 and 2 of the Pilot;
opayment of a salary of $111,725 to be paid effective on the first gazetted student free day in January 2019 to those teachers certified as HAT in Cohort 3 of the Pilot, and to any Departmental teachers who were previously certified as a HAT in another jurisdiction or sector and who are listed on the National HALT Register;
opayment of a salary of $121,975 to be paid effective 1 July 2018 to those teachers certified as LT in Cohorts 1 and 2 of the Pilot;
opayment of a salary of $121,975 to be paid effective on the first gazetted student free day in January 2019 to those teachers certified as LT in Cohort 3 of the Pilot, and to any Departmental teachers who were previously certified as an LT in another jurisdiction or sector and who are listed on the National HALT Register; and
othe rates are derived using current government wages policy. Should salary increases applicable to classroom teachers from 1 July 2019 be negotiated higher than 2.5% the salary rates listed above will be adjusted accordingly.
-The parties seek a decision of the Commission in the form of an order to make these new remuneration payments to these specified employees in the life of the current Certified Agreement (by way of) a Memorandum of Agreement between the parties."
The Commission notes that while it is the ultimate intention of the parties to incorporate appropriate terms and conditions of employment for Highly Accomplished Teachers and Lead Teachers in a future certified agreement, it is not practicable or feasible to do that at this time. Nonetheless, the terms and conditions recorded in the proposed Memorandum of Agreement will be binding on the parties and enforceable in a court of law insofar as the relevant employees are concerned by virtue of the provisions of s 55 of the Property Law Act 1974.
In the circumstances of this facilitation request, the Commission as presently constituted:
· having met with the parties in February 2017, when the Pilot Program was first discussed; and
· having met with the parties again on 10 July 2018 to review the outcome of the party's discussions about the value of the role performed by Highly Accomplished Teachers and Lead Teachers; and
· having noted the terms of clause 5.7.4 of the Department of Education and Training State School Teachers' Certified Agreement 2016, which provides that the conditions of employment for Highly Accomplished Teachers and Lead Teachers will be initially recorded in a Memorandum of Agreement; and
· having noted the contents of the facilitation request in relation to the respective party's preparedness to be bound by any decision of the Commission (see s 469(4)),
hereby Orders by consent:
1. That the salary arrangements as recorded at paragraph [3] above, be included in a Memorandum of Agreement between the parties.
2. The Memorandum of Agreement, once signed by the respective parties, be filed in the Industrial Registry.
I determine and Order accordingly.
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