IRC recognises TAFE part time inequities

By Diane Hague

The Industrial Relations Commission has recognised inequities in the conditions of employment of TAFE part time casual teachers, but has not yet determined the exact nature of the variation to the award.

On December 20, the Industrial Relations Commission brought down a 76 page decision on the case made by the Federation for better employment conditions for part time casual teachers in TAFE.

The full bench of the Industrial Relations Commission recognised the similarity in work value between TAFE part time casual teachers who work regular, significant hours and the work of permanent full time teachers, and acknowledged that there are inequities in the conditions of employment of part time casual teachers.

However, the Commission delayed a further decision on the exact nature of the variation to the award pending negotiations between Federation and the Department of Education and Training. In the event the parties cannot reach agreement they are to file separate award variation applications by February 15 and the final decision will then be made by the full bench.

The case has taken two years. In essence, Federation's claim was that part time casual teachers who regularly taught eight or more hours a week for a month or more should have pro rata entitlements to those of full time teachers including professional development, related duties, vacation and other forms of leave.

Federation witnesses included 16 part time casual teachers, two full time teachers and three head teachers (all of whom at one time had been part time casual teachers). All of these teacher witnesses convinced the full bench that there is a group of teachers in TAFE who do perform work of comparable value to that of full time teachers during the teaching weeks but whose salary and employment conditions are not of a comparable level to full time teachers. The decision stated: "To that extent the conditions of employment for PTC [part time casual] teachers, the subject of these proceedings, are not fair and reasonable conditions of employment."

The full bench also professed itself satisfied that there were many part time casual teachers who work a significant number of hours each week on a regular basis and have done so for many years. The full bench also acknowledged the gender issue, in that part time casual teachers are predominantly female whereas full time teachers are predominantly male in TAFE and stated that "it is important the detriment currently pertaining to the predominantly female group is rectified".

Although the decision was delayed because the full bench felt a simpler solution than that proposed by the Federation was required, the full bench accepted that part time casual teachers are discriminated against in being denied travelling compensation and ordered that the award be varied so all teachers receive travelling compensation. This is intended to apply from the commencement of semester 1.

There have been two meetings between Federation and the Department this year but no agreement has been reached on a joint award variation.

The decision can be found on the Commission's website at www.lawlink.nsw.gov.au/ircjudgments and the decision is number 340 in 2004 judicial decisions. TAFE members are encouraged to read this decision. It is an important breakthrough in the recognition of the contribution part time casual teachers make to TAFE.

Diane Hague is an Industrial Officer.

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February 2005 contents