Contracts: destabilising our public schools

By Maree O’Halloran

Federation has involved the ACTU and the NSW Labor Council in discussions about the State Government's proposed changes to the Teaching Services Act.

Federation believes the changes are the first in a series designed to deregulate all public school teachers' employment conditions and tenure.

The State Government intends to make these changes unilaterally; that is, to introduce legislation into the Parliament and make the changes law. By choosing this pathway the Government does not need to negotiate with Federation and avoids involving affected employees in any part of the process.

The Labor Council of NSW severely criticised the Labor Government for its anti-union attitude.

With ACTU President Sharon Burrow as a facilitator, Federation has entered discussions with the Government/Department about the proposed changes. The parties met on September 1 and 6. Cabinet meets on September 13 to consider what aspects of the bill will go forward to Parliament.

In the discussions, Federation has opposed contracts, euphemistically called "fixed-term appointments" by the Government in any form.

While Federation believes that from a pool of 50,000 employees the Department can easily find teachers to fill promotions positions, the proposed changes to allow external applicants will have a marginal effect at best. It is really a bureaucratic, short-sighted response to the issue of teacher shortage. Federation's position in the discussions is that all priority and service transfers for teachers must proceed. Then, at the point of advertisement external applicants could apply. The selection criteria, however, would have to include "a demonstrated commitment to the values of public education".

In the event that the Government proceeds with the changes about external applicants, casual teachers would be eligible to apply for advertised promotions positions.

On the issue of contracts, Federation has argued that the TARS process for principals allows the Department to identify poor performance. The real problem is the Department does not administer the scheme properly. In the discussions Federation has proposed (in contrast to contracts) a strengthened annual TARS process for principals and a review of appointment at five years. This review, unlike the proposed legislation, cannot result in demotion with no procedural fairness or appeal rights. The expectations would be ongoing appointment subject to meeting the required standards.

On August 24, Federation was given just 24 hours to respond to the State Government's proposed changes to the Teaching Services Act.

The union's legal advice confirmed that the changes would:

• Introduce for the first time by legislation a system of contracts and therefore a loss of tenure. All new principal positions would be for five years. At the end of that time the principal would be renewed or demoted.
• Remove any appeal rights to the Industrial Relations Commission or GREAT for these demoted. Those rights currently exist for anyone in our system facing demotion.
• Allow external applicants to apply for promotions positions.

At this stage the discussions are continuing. Even if Federation is successful in ameliorating the proposed changes, teacher unionists must remember that some officers of the Department and the Government believe that our system should be deregulated. The Government took the opportunity of the damage incurred to public education by the Catholic teachers' salary decision to attempt to lever retrograde changes on our system.

There is a political and industrial history to the Department/Government's proposals. That history and a series of "Questions and Answers" about the proposals are explained in the leaflet entitled "Public Schools Matter" which is an insert in this edition of the Education.

Maree O'Halloran is the President.

"Public schools matter" brochure

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September 2004 contents