Breakthrough for part time casuals in TAFE case

By Diane Hague

A significant breakthrough for the recognition of the work value of part time casual teachers in TAFE has been reached.

Federation and the DET have reached agreement on an offer to be implemented from the beginning of semester 2. The agreement arises out of conciliation and negotiations following a decision of the Industrial Relations Commission (IRC).

The details of the agreement are as follows:

• For teaching engagements which are known in advance of 19 hours (including coordination) per week for 12 weeks or more, Institutes must advertise these as temporary teachers with full pro rata conditions through an expression of interest process. Part time casual teachers who would have been engaged in these programs will have an opportunity to apply for these positions. DET will monitor the implementation of the new arrangements and each Institute will be asked to report on the number of temporary teachers engaged in semester 2, 2005 and semester 1, 2006 and a copy of these reports will be provided to Federation.
• A sliding scale of related duties payments to part time casual teachers teaching at least 10 hours and up to and including 19 hours per week to be paid at the teaching duties rate. The payments and attendance would be mandatory and the related duties would be recorded on the teacher's program. These related duties payments will be for duties associated with the teaching section as well as for the duties related to part time casual teachers' direct teaching activities set out in subclause 59.7 of the main award.
• Part time casual teachers who have a sick leave entitlement shall be able to use that entitlement for personal/carer's and bereavement leave.
• An amendment to Schedule 12 -- Excess Travel and Compensation for Travel on Official Business of the main award to take effect from the beginning of the 2005 TAFE teaching year, that is from February 7 so all teachers will get travelling compensation. The IRC decision accepted that part time casual teachers were being discriminated against in being denied travelling compensation and ordered that the main award be varied.

The case has taken more than two years.

On December 20, 2004 the full bench of the Industrial Relations Commission (IRC) 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 during the teaching weeks, and acknowledged that there were inequities in the conditions of employment of part time casual teachers. However, the IRC stated that the threshold Federation sought was too low and a simpler solution needed to be found.

The IRC delayed a final decision on the exact nature of the variation to the award pending negotiations between the Federation and the Department of Education and Training (DET). When parties could not reach agreement on a consent variation, separate award variation applications were filed in February.

Formal conciliation took place before Commissioner Macleay, who is a member of the full bench that decided the major salaries case and the agreement was reached.

Federation witnesses included 16 part time casual teachers, two full time teachers and three head teachers (all of whom at one at one time had been part time casual teachers).

Federation is most appreciative of the contribution of those witnesses who provided affidavits. They were Howard Albani, Karen Armin-Grimm, Jeanette Barnes, Howard Bell, Catherine Bindels, David Carey, Kaylene Chamberlain, Joanne Day, Elizabeth Doyle, Elizabeth Gewandt, Stanley Heather, Terry Keeley, Robert Long, Noelene Milliken, Dianne Mullin, Katherine Nicholson, Dennis Nolan, Rhiannon Noltorp, Paula Reilly, Dianne Sykes, John Woodcock and Anne Junor.

Diane Hague is an Industrial Officer.

Funding shortage has caused skills shortage

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May 2005 contents