TAFE teachers offered protection

By Maree O’Halloran

Following representations from Federation and lobbying by TAFE members, the State Government will provide protection for TAFE members from the effect of the Federal Government's WorkChoices legislation.

The NSW Cabinet has determined to transfer all employment functions from the NSW TAFE Commission to the Crown. TAFE members will be employed pursuant to the Public Sector Employment Management Act, retaining all current conditions.

Federation currently has members in Corrective Services and AMES employed pursuant to that Act.

Federation put a number of proposals to the State Government which involved amendments to the TAFE Commission Act to ensure TAFE was not a constitutional corporation. While these proposals were not adopted, the State Government's proposals should ensure that TAFE members are clearly not employed by a constitutional corporation (remembering that there is debate about TAFE's status).

On December 21, 2005, State Industrial Relations Minister John Della Bosca announced the NSW Government had launched its High Court challenge to the WorkChoices legislation. In the same media release Mr Della Bosca advised: "The Premier has instructed the Public Employment Office (PEO) to investigate strategies to protect the rest of the public sector from coverage by WorkChoices."

The strategy that has been adopted is the transfer of employment functions from TAFE to the Crown. This is the employment approach that operates in most state government departments.

Federation will be involved in the next few weeks in consultation sessions with the Public Employment Office, TAFE and Unions NSW about the changes and will report to members as soon as possible. The legislative change proposed does not stop the Federal Government from using threats to funding as a lever to introduce individual contracts (Skilling Australia's Workforce Act) and Federation will continue to fight this blackmail.

Congratulations to all TAFE members who lobbied State MPs on this issue.

Maree O'Halloran is the President.

For further information

February 2006 contents