Government attacks public school and TAFE witnesses

By Maree O’Halloran

The Government has reneged on a promise not to denigrate the profession by its actions in the salaries case before the Industrial Relations Commission.

Federation teacher witnesses are facing unnecessary lengthy cross-examination.

If the Government continues its cross-examination and rebuttal evidence, then valuable site inspections of public schools and TAFE colleges by the judges may be curtailed and there is the potential that the Government's actions will mean that a new award will be delayed past January 1, 2004.

The Government is condemned for its deliberate decision to denigrate and devalue the profession in the Commission. It is clear from the Government's submissions, cross-examination and rebuttal evidence that, in contrast to Dr Refshauge's undertakings on May 13, far more than incapacity to pay is being argued by the Government.

The Government has reneged on public undertakings that the only argument the Government would mount against Federation's salaries case in the Industrial Relations Commission was 'incapacity to pay'.

The breaking of these undertakings has been clear during the cross-examination of Federation witnesses.

Cross-examination continually returns to the same themes. These are that there has been no real change in the nature of teachers' work, that the evidence contained in the affidavits of the witnesses is exaggerated or overstated and that the DET has provided support for teachers in relation to the issues raised by the witnesses.

The Government's position is that any work value changes put forward by Federation witnesses are either exaggerated or have been fully compensated for by previous pay rises. In addition, the Government argues that teachers have been supported by the Department to implement change. The Government, for example, is arguing that the work attached to outcomes-based assessment and reporting is not mandatory and not expected of teachers. Instead, it is said to be extra, discretionary work that should not be paid for.

The State Government does not value public education.

In sharp contrast to the Government, the Catholic Education Office is not contesting the work value of teachers in the Independent Education Union case. In that case the Catholic teacher witnesses are not being cross-examined and an Agreed Statement of Facts has been produced about the significant, positive contribution and work value changes by Catholic teachers. To date the Government has refused to reach a similar agreement with Federation.

Catholic employers have filed statements from 10 witnesses in the Independent Education Union's (IEU's) case. Each of these statements was in support of pay rises for teachers and recognised the increased demands on teachers and increased skills necessary to meet these demands. Catholic employers have submitted that public school and Catholic school teachers should be awarded the same increases.

The State Government should cease cross-examining Federation witnesses and agree to no less than the Agreed Statement of Facts in the IEU case. Such actions would keep faith with Government promises. To date the Government has refused to do so.

Witnesses from public schools and TAFE colleges are in the course of giving evidence in the Commission. There are 48 witnesses in total. Those witnesses who have given evidence to date deserve the highest praise for their professionalism and eloquence. They have provided the presiding judges with invaluable explanations of the nature of teachers' work in the public system. Regular reports from the Commission appear on the Federation's website.

Since the 24 hour strike across three states on September 17, the following facts have emerged:

• The Treasurer has reiterated that the public education budget will be cut to pay for salary increases over three per cent per annum.
• In 2002/3 NSW had a $620 million surplus. The Vinson five per cent is clearly affordable in 2003.
• The Minister has blatantly reneged on the undertaking not to undermine or denigrate the profession.
• The Catholic employers have agreed about work value issues and not one IEU witness will be cross-examined.
• The Government's arguments and actions in the IRC may cause the case to be delayed so that a new award is not ready by January 1, 2004.

• threaten the funding of public education
• devalue the profession, and
• delay the award past January 1, 2004 without agreeing to payment from that date.

Maree O'Halloran is the President.

A tale of two 'special cases'

Furious teachers stop work

Independent MP says Refshauge out of touch

IRC visits workplaces

MPs to show if friend or foe

Non permanent teacher cases

Witnesses outline value of work

For further information

October 2003 contents