IRC dismisses casual/temporary application

By Brenda Seymour

The Industrial Relations Commission of NSW (IRC) has dismissed an application the Federation made to improve certain aspects of the 2004 award as it applies to male and female temporary school teachers and casual school teachers.

The key issues were:

• whether the current pay scale as it applies to temporary school teachers is discriminatory, or unreasonable, as the prior teaching service of a school teacher is not taken into account by the Department of Education and Training (DET) when determining the level at which the temporary school teacher commences beyond step 9 as at January 2001, step 10, 2002; step 11, 2003; and step 12, 2004 and,
• whether the work of a temporary school teacher working part time for more than eight weeks is the same as and/or is equal or comparable to that of permanent school teachers such that the current definition of a temporary school teacher is discriminatory, or otherwise unreasonable, given the condition as to length of work as a casual school teacher before qualifying as a temporary school teacher, namely a part time casual school teacher must work in one engagement for two terms or more before falling within the definition of temporary school teachers.

Despite five years of Federation's persistent and determined efforts, the IRC was persuaded by the DET's submissions about budgetary considerations. DET argued that it had budgeted for the phase-in of temporary school teachers' access to the top of the pay scale under the 2000 consent award. A temporary school teacher commenced at no greater than step 9 in 2001 and under the phase-in, once a temporary school teacher commenced an engagement they had to work a school year or 203 days at their pay entry point before gaining any additional incremental progression. This of course doesn't suit those teachers who have enough prior service to automatically be placed at the top of the pay scale for permanent teacher work and it doesn't suit those who don't get continuous employment as a temporary school teacher.

The IRC was reluctant to unravel the complex administration of the temporary school teacher classification at this point in the 2004 award as the expiry date of the award is December 31. Under the temporary school teacher classification, part time school teachers have to work two terms or more to qualify as a temporary school teacher. The IRC rejected Federation's submissions that this should apply after eight weeks.

Federation was able to first bring the matter to the IRC in 2001 because the 13 "Amery women" had been successful in other tribunals in extending the rights of casual school teachers. The Amery women won their first round, DET won the second round, the women won the third round and the fourth round will be decided in the High Court late in 2005. Federation members need to be aware that the Amery women have placed casual school teachers' claims at the forefront of employment rights considerations for over 10 years. Women teachers such as Joyce Amery, Margaret Douglas, Jenny Drury, Karen Mors, Marian Platt and Marcia Skelton have given evidence in multiple proceedings. Margaret Douglas, Jenny Drury, Karen Mors, Marian Platt and Marcia Skelton were witnesses in the IRC case described here. What magnificent Federation members these women are. They have faced courts and multiple cross examinations and have never given up. The 30,000 non permanent school teachers in NSW owe them great thanks. Federation still has a representative action for 700 women casual school teachers before the courts, the Amery women still have the High Court case, and the 2006 award is yet to be negotiated. Federation sees the IRC's decision as a setback but then it often takes a long time to win what is justified.

Brenda Seymour is the Assistant General Secretary (Research and Industrial).

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