Carr intervention provokes strikes
By Maree O’Halloran
In the first of two 24-hour strikes, teachers rallied in Sydney and regional centres on May 27 to demonstrate against the Carr Government's efforts to re-open the salaries case before the Industrial Relations Commission (IRC) and to demand a fully-funded 25 per cent salary increase.
On the second day of industrial action, June 2, members will hear a Sky Channel report and recommendation for further action.
The industrial response is designed to achieve a fully funded, significant salary increase. If Federation has not achieved a breakthrough by Council on June 5, there is every likelihood of continued action.
Government kicks salaries umpire
The State Government's pre-emptive strike against teachers and the Industrial Relations Commission (IRC) has attempted to undermined the independence of the IRC in the eyes of all workers.
In a press release on May 11, Premier Bob Carr publicly issued a "warning" to the IRC not to hand out "unaffordable wage increases". On May 13, Industrial Relations Minister John Della Bosca sought to re-open the teachers' case.
Both these actions occurred when, in the IRC's own words, the decision in the salaries case was "imminent".
The Government's actions are clearly a flagrant attempt to intimidate the IRC. The Commission itself found the Premier's comments to be "offensive" and "wrong".
This is not the first time the Carr Government has sought to intimidate the IRC. The whole of the teachers' salary case has been heard while a review of the IRC's legislation and power is pending.
The Government's application to re-open the salaries case was ostensibly to place more economic evidence before the IRC in relation to events post final submissions on December 18, 2003.
The Government's new evidence did not alter the fundamental fact that the NSW economy is in good shape. Indeed, the Government's new evidence tended to support that proposition. The only real change that had occurred was the prediction of a State Budget deficit rather than a surplus.
Budget decisions are political. They represent the Government's choices about expenditure. The Government's real fear is that a large award for teachers from the IRC would force the Government to make different policy choices about expenditure.
A legal examination of the Government's "new" evidence shows it to be lightweight.
The intervention is clearly a political one designed to put pressure on the IRC. It continues the pattern of the Government deliberately depressing the salary and status of the profession.
The last time teachers were awarded an interim salaries increase in the order of 5.5 per cent was 1970. In that case, teachers received an interim six per cent followed by an additional 14 per cent.
The Government aims to:
- potentially lower the salaries outcome
- certainly delay the decision
- justify not fully-funding the IRC's decision in the upcoming State Budget on June 22.
On Friday May 21, the IRC allowed the Government to re-open its case. The IRC said there were four compelling reasons to reject the application and then proceeded to accept it.
Without doubt, if Federation had sought to update evidence about work value as the teacher shortage, it would not have been allowed.
The perception of fairness in Federation's case has diminished markedly. Nevertheless, Federation has already completed its legal response to the Government's evidence, ensuring that there is no reason for the IRC to delay bringing down its "imminent" decision.
Responses
The Premier continues to ignore Federation's correspondence and will not meet with us. While the union meets regularly with Deputy Premier and Education Minister Dr Andrew Refshauge, he cannot answer Federation's demands for a fully-funded salary increase for teachers.
Federation congratulates all members who have engaged in locally-initiated stopwork action. The pressure on local MPs has been enormous. This pressure has resulted in agitation among the ALP backbench which has been reported in the media.
Full funding
The Premier has given a blazing red signal to Federation's case despite the comprehensive evidence of dramatic work value changes.
Not only has the Premier refused to commit to full funding, but his warning to the IRC indicates that cuts to the education budget will occur. Such cuts will be detrimental to teachers and students.
In the nurses' case, the Premier gave a "green light" signal by promising six months before their case that he would fully fund the outcome. The Premier's promise was referred to by the judges in the nurses' decision because it effectively neutralised the Government's "incapacity to pay" arguments.
Once-in-a-decade
This salaries case is the best chance for a decade to lift the status of the profession. Now the outcome is at risk. The remedy is for the Premier to withdraw his warning and commit to fully-fund the outcome of the case.
The Independent Education Union called a 24-hour strike for May 28. They are also attempting to counter the Premier's pre-emptive strike because their case is inextricably linked to Federation's case.
Maree O'Halloran is the President.
Teachers take wildcat action
Hitting the airwaves
Government submission in IRC rebutted
Labor Council draws line in sand
Intervention slows TAFE PTC pro rata case
Pay rise flows onto Corrective Services but conditions under attack
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May 2004 contents
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