Student Reports dispute - IRC decision

The judgment of the Industrial Relations Commission on the dispute over student reports was handed down this afternoon. Deputy President Harrison refused to grant the Department of Education and Training's application for a dispute order against the Teachers Federation.

Maree O'Halloran, Federation President said:

"The Industrial Relations Commission today refused to grant the Department's application for a dispute order against the Teachers Federation. Deputy President Harrison said: "I decline to make the dispute order sought by DET. 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."

"Principals and teachers gave evidence in the case that the reports were not educationally defensible.

"In its ruling the Commission said, amongst other things (quotes in italics):

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 Federation 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 blackmail funding threat: "It is difficult to accept that a government would withdraw funding from a State school system and deny education to the student population."

Deputy President Harrison also directed the parties to meet again and report back to the Commission on Wednesday, 8 November 2006. 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.

Congratulations to all the Federation witnesses who gave evidence on behalf of the students in NSW public schools.

The Commission's decision can be found at NSW Department of Education and Training v NSW Teachers Federation Re Student Reports Bans [2006] NSWIRComm 346 Judgment

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Last Modified: 08 Nov 2006