NAT appeal succeeds
Queensland Teachers' Journal, Vol 130 No 7, 3 October 2025, page no 17.
The QTU has successfully appealed against a Queensland Industrial Relations Commission (QIRC) decision that significantly impacted on how TAFE Queensland manages non-attendance time (NAT).
On 12 May this year, the QIRC published a decision addressing five key issues. The decision stated the following:
- TAFE Queensland managers have discretion to approve or not approve the taking of NAT.
- This discretion is constrained by conditions outlined in industrial instruments.
- TAFE Queensland is entitled to request information from educators regarding:
- how they plan to use their NAT
- their physical location during NAT
- and how they can be contacted during their absence.
- The jurisdiction under Section 467 of the Industrial Relations Act 2016 (Qld) does not extend to determining whether TAFE Queensland retains all legal responsibilities (e.g. under workers’ compensation and work health and safety legislation) for educators on approved NAT.
- Educators are not entitled to take NAT in a calendar year if they will not be delivering any courses and will instead be on approved leave for the entire year.
Following this decision, both the QTU Executive and the TAFE Executive endorsed an appeal, which was progressed by QTU solicitors.
In recent weeks, the QTU was advised that the appeal had been successful. While the original decision has been quashed, we are currently awaiting further direction from the Commission.
For clarity, the following conditions apply to NAT:
- NAT must be programmed in advance in the yearly plan. (TQECA23 – 27.2)
- NAT may be directed by the General Manager, with a minimum of four weeks’ notice. (TQAS23 – 19(e))
- NAT must be taken in blocks of no less than one calendar week and up to four weeks at a time (not as individual days). (TQAS23 – 19(f))
- NAT must be taken in at least two periods per year, with no more than 21 weeks between them. (TQAS23 – 19(g))
- NAT cannot be taken during the Christmas/New Year closure period. (TQAS23 – 21.5(e))
- If reversing a period of NAT results in a block shorter than one week, you cannot be directed to take annual leave unless your balance exceeds 26 days and you are given 14 days’ written notice. (TQAS23 – 21.6(c))
The QTU will continue to keep members informed as further directions from the Commission are received. We remain acutely aware of the importance of protecting NAT and its impact on the health, wellbeing, and job satisfaction of TAFE members.