DECISION

Fair Work Act 2009
s.156�4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

4 yearly review of modern awards – finalisation of Exposure Drafts and draft variation determinations – Tranche 3 awards – Educational Services (Teachers) Award 2010.

[1] Further to our Statement dated 5 May 2020, 1 with respect to finalising the Tranche 3 awards, a conference of parties with an interest in the Educational Services (Teachers) Award 2010 was held on Tuesday 12 May 2020 in an effort to resolve the outstanding issues in dispute. The outcome of that conference is set out in a Report by Deputy President Clancy published on 19 May 2020.

[2] In relation to clause 18.1, the parties agreed to the following amendment to clause 18.1(a) (in red below):

“18.1 All monies payable will be paid:

(a) once each fortnight with the payment, excepting teachers being employed pursuant to Schedule A, being made no later than the last working day of each fortnight…”

[3] Schedule A applies to teachers employed in early childhood services operating for at least 48 weeks per year. These are the teachers that appear to be of most interest to the members and clients of ABI.

[4] We agree to the proposed change and will amend the Exposure Draft and variation determination accordingly.

[5] The position now is that, with the exception of the matters relating to Schedule B outlined below, there are no longer any outstanding issues in dispute.

[6] Schedule B of the Exposure Draft includes two tables outlining rates of pay for certain categories of casual employees (B.1.1 Casual employees – full day rates and B.1.2 Casual employees – half day rates).

[7] The IEU proposes inserting the following additional columns:

1) A column for Teachers employed in early childhood services operating for at least 48 weeks per year who are not shiftworkers in table B.1.1; and similarly

2) A column for Teachers employed in early childhood services operating for at least 48 weeks per year who are not shiftworkers in table B.1.2.

[8] Neither the AIS nor ABI object to this. We agree and will make the changes proposed.

[9] The parties remain in dispute regarding the way that the casual rates of pay in tables in Schedules B.1.1 and B.1.2 are to be calculated. The IEU maintains that the rates in Schedules B.1.1 and B.1.2 need to incorporate the 4% loading contained in clause 17.2 of the Exposure Draft. The IEU’s position is based on the way in which it says the term “appropriate minimum rate for the classification as specified in clause 14 – Classifications” in clause 17.5(a)(ii) of the Exposure Draft is to be interpreted.

[10] AIS and ABI maintain the 4% loading contained in clause 17.2 of the Exposure Draft does not need to be incorporated and submit that the non application of the 4% loading represents the current interpretation of the current Award.

[11] This dispute was not able to be resolved in the conference and the IEU has requested to be heard prior to the making any final determination. The President has constituted a Full Bench to hear and determine this issue.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR719477>

 1   [2020] FWCFB 2357.