QUEENSLAND INDEPENDENT EDUCATION UNION INDEPENDENT EDUCATION UNION OF AUSTRALIA – QUEENSLAND & NORTHERN TERRITORY BRANCH BRISBANE 346 TURBOT ST SPRING HILL QLD 4000 PO BOX 418 FORTITUDE VALLEY
Phone: 07 3839 7020 Fax: 07 3839 7021 Freecall: 1800 177937 Email: enquiries@qieu.asn.au Internet: www.qieu.asn.au ABN: 45 620 218 712
Thursday, 26 April 2012
6cbp201cs.jmr
Quality Schools – Professional Rates of Pay
PMSA CHAPTER BRIEFING No. 45 FAIR WORK AUSTRALIA STRONGLY RECOMMENDS A HALT TO THE LEAD TEACHER PROCESS – PMSA ON NOTICE TO COMPLY Dear Colleagues Employee Chapter Briefing No 44 sent to PMSA on 24 April 2012 identified a series of steps taken by your Union to attempt to facilitate a resolution to the dispute over the PMSA’s unilateral decision to implement a Lead Teacher career step rather than the Accomplished Teacher employees agreed to in the PMSA Enterprise Agreement. The Briefing also noted that an attempt was made to persuade the PMSA to suspend the application process for Lead Teacher until the outcome of arbitration was determined in Fair Work Australia. At the Conciliation Hearing, the PMSA rejected these requests. Fair Work Australia has now recommended in ‘the strongest terms’ that there be a halt to the application process. Fair Work Intervenes with Formal Recommendation After the Conciliation Hearing, Fair Work Australia has determined to serve a formal Recommendation on the PMSA (attached to this Briefing). The operative paragraphs state: “[4] Following the conference, further consideration has been given to the party’s already filed submission on the process and the repercussions of such for each party. I have reviewed the manner in which the matter should proceed, taking into account the materials relevant to the processing of the Application and the required time to prepare relevant materials for the arbitration of this issue. [5] Accordingly, I Recommend in the strongest terms that in order to provide procedural fairness to both parties, the Respondent immediately halt the process of continuing to invite and/or process applications for ‘Lead Teacher Recognition’ in PMSA Schools until the matter is determined by arbitration. (our bolding) [6] Therefore, in accordance with this Recommendation, the file is to be referred to the Panel Head to be allocated to a Member for arbitration and the associated setting of Directions and Hearing dates, as a matter of urgency. The relevant Directions will be set with the timetable for the preparation of materials to be finalised commensurate with 4 days of Hearings to be set in July 2012.”
Protocols Must Be Observed The issuing of the Recommendation in the above terms has served notice on the employer that the independent umpire – Fair Work – believes that for the PMSA to continue the process of application and determination of Lead Teacher (as identified in the employer briefing PMSA Lead Teacher Update 4) is prejudicial to employees and the process. The PMSA should acknowledge the validity of the Recommendation and “immediately halt the process of continuing to invite and/or process applications for ‘Lead Teacher Recognition’ in PMSA Schools until the matter is determined by arbitration”. Employer on Notice – Employees Expect the PMSA to Respect the Process When such a strongly worded Recommendation is received by parties to a dispute, the protocol is that the Recommendation be accepted and implemented by the parties. It would be churlish in the extreme if the PMSA chose to ignore such a recommendation and, as such, we are writing to the PMSA today calling on them to honour established protocols and declare a moratorium on the Lead Teacher process until an arbitrated outcome is determined. In the absence of an employer agreement to Fair Work’s Recommendation for a moratorium, the PMSA stand condemned not only by their intransigence in frustrating attempts to resolve this matter at Conciliation but also in the broader community that expect all parties to respect the integrity, independence and recommendations of Fair Work Australia. Next Steps Chapters are requested to consider a further resolution in addition to those contained in the earlier Employee Briefing (No 44) which notes the formal Recommendation by Fair Work Australia and calls upon the employer to respect the Tribunal and honour its Recommendations. Your Union will continue to update Chapters on the progress of this dispute.
Kind regards
CHRIS SEYMOUR OFFICER ASSISTING EMPLOYEES AT THE PMSA SCHOOLS COLLECTIVE BARGAINING NEGOTIATIONS
QUEENSLAND INDEPENDENT EDUCATION UNION INDEPENDENT EDUCATION UNION OF AUSTRALIA – QUEENSLAND & NORTHERN TERRITORY BRANCH
PMSA SECTOR CHAPTER FAX BACK Chapter Briefing No: 44
SCHOOL: 1.
Thursday, 26 April 2012
__________________________________________
The Chapter at __________________________ school notes the strong Recommendation by Fair Work Australia that the employer immediately halt the process of continuing to invite and/or process applications for ‘Lead Teacher Recognition’ in PMSA schools until the matter is determined by arbitration. CARRIED / NOT CARRIED
2.
The Chapter at _____________________________ school calls upon the PMSA to respect the integrity of Fair Work Australia and honour the strong Recommendation to halt the application process and any processing of applications for Lead Teacher until the outcome of arbitration is known. CARRIED / NOT CARRIED
PLEASE EMAIL BACK TO: jrymer@qieu.asn.au
NO LATER THAN 12 NOON ON WEDNESDAY, 2 MAY 2012 6cbp201cs