TIMELINE – NEGOTIATIONS TAFE EB8

[page updated 17 July 2014]

July 2014

  • 1 July 2014
    • Under the TAFE Queensland Act 2013 the following transfers of ownership take place:
      • Central Queensland Institute of TAFE to Central Queensland University,
      • Remaining TAFE employees to TAFE Queensland statutory authority.
      • TAFE assets of DETE are transferred to Queensland Training Asset Management authority under QTAMA legislation.
  • 10 July 2014 
    • The parties make their initial written submissions to the Commission relating to the QTU’s application for referral to arbitration. 
  • 21 July 2014
    • The parties make their written submissions to the Commission in response to the other parties’ submissions.
  • Late July 2014
    • A hearing date for consideration of the matter by the Commission will be set for late July.

June 2014

  • 3 June 2014
    • Parties to the Agreement appeared before the Commission.
      The QTU argued that the matter should again be referred to arbitration, minus those aspects which Justice Martin identified as errors. DETE proposed that the parties participate in conferences supervised by the Commission. The unions advised that their participation in any conferences would only occur on the basis that participation would not prejudice their application for referral. 
  • 5 June 2014 
    • A conference was convened under the supervision of Deputy President Bloomfield. At the direction of the Commission, proceedings of the conference were confidential. 
  • 6 Jun 2014
    • Extraordinary meeting of TAFE council held (teleconference) to hear a report on the negotiations and to authorise further discussion.
  • 10 June 2014 
    • Extraordinary meeting of TAFE council held (teleconference)
  • 13 June 2014
    • A further conference of the parties is held under the supervision of the Commission. 
  • 14 June 2014 
    • TAFE council determined the QTU “bottom line” for negotiation. 
  • 18 June 2014
    • At a conference of the parties held in the Commission, it becomes clear that the position of the parties is still too far apart to achieve a negotiated outcome. DP Bloomfield set dates for receiving submissions from the parties re: the QTU’s application for referral to arbitration.
  • 20 June 2014
    • After long delays and no consultation, the "transfer regulation" to facilitate movement of TAFE employees to the statutory authority and to CQU was published on Friday 20 June.

May 2014

21 May 2014 

The Industrial Court allows the DETE Appeal. Justice Martin as the President of the court found:

  • it was open to the Deputy President to refer the QTU matter to arbitration;
  • it was not open to the Deputy President to prevent the holding of a ballot, nor to conclude that a ballot would be void and of no effect; and 
  • the referral to arbitration did not preclude the employer from pursuing an alternative agreement.

Justice Martin referred the matter back to the QIRC.

February 2014

  • 24 Feb 2014
    • Hearing held in the matter of the DETE appeal against decision of the Queensland Industrial Relation Commission to refer the TAFE EB to arbitration before Justice Martin in the role of President of the Industrial Court.

September 2013

30 September 2013 – Timeframe for submissions set

On 30 September 2013, the parties appeared before Vice President Linnane in the Industrial Court to establish a timeframe for written submissions to be filed by the parties, as follows:

  • DETE outline of submissions 25 October
  • QTU outline of submissions 18 November
  • DETE submissions in reply 29 November

August 2013

  • 16 August 2013 – DETE notification of appeal (see 19 Aug 2013 : TAFE EB8 newsflash no. 10)
    • On 16 August 2013, the QTU was notified that DETE was appealing to the Industrial Court against Deputy President Bloomfield’s decision to refer TAFE enterprise baragaining to arbitration.

July 2013

  • 10 July 
    • meeting with DETE, Public Service Commission and other newly involved unions. New offer tabled by the Department incorporating both educational and the non-educational administrative and support staff employed by TAFE. (see analysis by Dr John McCollow)
  • 15 July 
    • QTU lodged an application under s148 for assistance in negotiating by conciliation at the Queensland Industrial Relations Commission.
  • 22 July 
    • Day 1 of conciliation before Deputy President Bloomfield 
    • Together Queensland, Queensland Teachers’ Union, Public Service Commission and the Department of Education, Training and Employment attended the conciliation.
  • 24 July 
    • Day 2 of conciliation before Deputy President Bloomfield
    • Together Queensland, Queensland Teachers’ Union, Public Service Commission and the Department of Education, Training and Employment attended the conciliation. 
    • The QTU made preliminary submissions in relation to moving to arbitration pursuant to section 149 of the Industrial Relations Act 1999
  • 29 July
    • Hearing in relation to moving to arbitration pursuant to section 149 of the Industrial Relations Act 1999 before Deputy President Bloomfield 
    • The Commission found that:
      • negotiations between the unions (QTU and Together Queensland) and DETE had broken down
      • there was little likelihood that an outcome could be conciliated
      • DETE had inappropriately sought to excise TAFE administrative and support staff from arbitration of the Core Public Sector Agreement and include them in the TAFE Certified Agreement (CA)
      • any attempt by DETE to conduct a combined ballot of educational, administrative and support staff would thus be "null and void and of no effect".
    • The Commission determined, therefore, that the "QTU's claim for a new Educational Employees (only) CA" should be referred to arbitration. The Commission made this decision despite arguments from DETE that the Commission should postpone any decision to refer the negotiations to arbitration until such time that DETE could ballot employees on their offer.
    • The assistance of Together Queensland, United Voice and the other public sector unions in supporting the QTU application was important and should be acknowledged.
    • Dates for arbitration are yet to be set and depend on the availability of the commissioners. Given that there are several other public sector cases currently in the process of or awaiting arbitration, it is likely that there will be some delay before hearings commence.
    • A copy of the QIRC decision is available here.

June 2013

  • 13 June
    • The Single Bargaining Unit met 
  • 19 June 
    • Letter received from the Department informing of DETE’s intention to commence negotiations to include coverage of all award based TAFE Queensland employees, both educational and the non-educational administrative and support staff employed by TAFE.
  • 28 June
    • meeting with DETE, Public Service Commission and other newly involved unions

May 2013

  • 1 May 
    • Third SBU meeting
    • QTU discussed position in relation to casual/sessional engagement
  • 2 May
    • Briefing on TAFE Queensland Bill 2013
    • QTU submitted questions on Bill
    • QTU’s oral submission will be made available upon public release by the Queensland Parliament
    • QTU’s written submission is now available after public release by the Queensland Parliament
  • 8 May
    • Fourth SBU meeting
    • QTU discussed position in relation to “roles”
    • DETE provided clarification on the proposed Additional Remuneration Payments
  • 13 May
    • QTU publishes an analysis of the offer comparing current entitlements with those in the offer and clarifying the QTU position on these  Read the document 

April 2013

March 2013

  • 19 March 
    • DETE scheduled a meeting on 2 April 2013 of the Single Bargaining Unit (“SBU”) to commence negotiations for the TAFE Certified Agreement 
  • 22 March
    • DETE cancelled the meeting of the SBU scheduled for 2 April 2013
       
  • 1:42pm 25 March
    • Formal letter sent to the State Government and DETE requesting commencement of negotiations by 1 April as per the Certified Agreement and noting the cancellation of the scheduled meeting
       
  • 3:34pm 25 March
    • DETE re-scheduled a meeting on 8 April 2013 of SBU