Act changes won't introduce contracts

By Maree O’Halloran

With the help of ACTU President Sharan Burrow, Federation has ensured contracts don't become a part of the State Government's changes to the Teaching Services Act.

In August 2004 the Government produced draft legislation that not only introduced de facto contracts for all new principal positions but excluded their appeal rights to the Industrial Relations Commission (IRC) or Government and Related Employees Appeals Tribunal (GREAT) if their contract was not renewed.

But Federation, with the help of the ACTU and NSW Labor Council, negotiated changes which mean the Government will not introduce contract employment or deny members' access to the IRC or GREAT.

The Teaching Services Act is the legislation which governs the employment of teachers including how they may be appointed and dismissed.

Federation knew that the Government's originally proposed changes were not only detrimental to the members involved, but were the thin edge of the wedge for the rest of the teaching service. September Council authorised a campaign to defeat contracts including leaflets and stickers.

In the interim, working with the ACTU and Labor Council, Federation entered discussions with the Department to ensure that members' rights were protected.

In summary, the outcome is:

• No contracts and no legislation referring to fixed-term appointments. Access to the Industrial Relations Commission and GREAT is retained.
• By Director-General's determination principal positions will be reviewed every five years. The review panel will be the same composition as the current merit selection panel for principals, including the Federation's nominee. The outcome of the review will be either continuity or transfer to a school at the same classification within a reasonable distance. If performance is an issue then a program will be put in place.
• The Act will be amended to allow external applicants for promotions positions. Priority and service transfers (the current procedures) remain. The selection criteria will be amended to include "demonstrated commitment to the values of public education".
• e-LAPS (the electronic leave system) will not be mandatory and paper forms can still be used. If principals do not endorse a leave application, there will be a right of appeal outside the school. Medical certificates will be sent off site to protect privacy and principals must advise teachers if they look at a teacher's leave records for any reason.

The Government will also, by legislation, and without Federation's agreement, remove what is known as the "prescribed officer" process when a principal's performance or efficiency is at issue. The "prescribed officer" process is where a Department Officer is appointed to make a decision about whether or not the principal is inefficient and what penalty should apply.

Federation has made it clear to the Department that their officers already have the power and authority to address the issue of principal and/or teacher performance issues.

The Department's failure to act has been used by the Government to create a false public perception about the quality of leadership in our public schools.

Maree O'Halloran is the President.

For further information

October 2004 contents