Federation successfully defends A-E case

By Maree O’Halloran

The Industrial Relations Commission refused on November 3 to grant the Department of Education and Training's application for a dispute order against Federation regarding its student reports ban.

Deputy President Harrison said: "I decline to make the dispute order sought by DET [Department of Education and Training]. I am not satisfied that the capacity to produce A-E reports is in place or that it is reasonable to order production of those reports in 2006."

Congratulations to all the Federation witnesses who gave evidence on behalf of the students in NSW public schools. Principals and teachers gave evidence that the reports were not educationally defensible.

In its ruling the Commission said, among other things:

1."The parties should both commit to a common goal that the issues be resolved for reports in 2007, commencing with the half yearly report, which has the advantage of continuity of reporting over the academic year as advanced by the Federation."

The union has consistently argued this point of view with the State Government and the Department. It is now time for them to listen. 2. "The evidence brought by the Federation establishes a serious concern as to whether the A-E reporting system can be effectively implemented in all schools in 2006."

3. "The extent of anguish demonstrated in the evidence brought by the Federation gives rise to a conclusion that directing the implementation of the A-E system without resolution of the professional issues and ensuring certainty of the capacity to comply has an unacceptable potential to create harsh, onerous and unreasonable working conditions."

4. In relation to the Federal Government's threat to withdraw funding: "It is difficult to accept that a government would withdraw funding from a state school system and deny education to the student population."

The Commission once again directed the Federation to lift its ban but refused to issue an order which could lead to fines against the union. Deputy President Harrison also directed the parties to meet again and report back to the Commission.

Federation cannot and will not advise teachers to act against their professional standards and ethics.

The Industrial Relations Commission accepted the evidence of all the Federation's witnesses. The Department did not challenge or contradict the evidence.

Deputy President Harrison summarised the evidence about the mandatory and standardised A-E reporting system as follows:

• difficult to impossible to administer in multi-stream subjects;
• confronting and potentially damaging for low achievers or those with learning difficulties or disadvantaged circumstances;
• educationally unsound in assessing students on the A-E scale, particularly at younger levels in subjects other than English and Mathematics;
• inferior to the present system of reporting which has developed through community consultation over a number of years and which informs the teaching programme and encourages positive interaction between students, parents and teachers;
• is inconsistent with professional obligations of teachers in accordance with professional teaching standards approved by the NSW Minister for Education pursuant to the NSW Institute of Teachers Act 2004;
• described as the single worst thing that could occur in Aboriginal education and is against the principles to advance Aboriginal education developed by consultation with the Aboriginal community in recent years;
• impractical and confusing to parents and students in that the end of year reports is to be read in conjunction with the half yearly report to assess progress over the academic year.

Federation remains ready and willing to negotiate an educationally-acceptable student reporting framework for 2007. It is important that the State Government and the Department also commit to that goal.

Maree O'Halloran is the President

Teachers give evidence opposing A-E reporting

For further information

November 2006 contents