QIRC reaches decision on TAFE non-attendance time

Queensland Teachers' Journal, Vol 130 No 4, 20 June 2025, page no 21.

The QTU is considering appealing a QIRC decision that threatens TAFE members’ non-attendance time (NAT) entitlement. 

In 2023, the QTU was party to a dispute over a TAFE educator’s access to NAT, which is defined in the TAFE Queensland Award – State 2016 as “those periods of time where educators are not required to be in attendance at a campus.” 

Parties to the dispute were ordered to file written submissions addressing their interpretation of the NAT clauses.  The QTU submission stated that NAT is an entitlement emerging from the negotiations in the 1970s in response to efficiency gains sought by the Department of Education, namely increasing the number of weeks that a technical college can be used for program delivery and teaching to 50 weeks per year.

The QTU further submitted that NAT is a leave type, as agreed between the parties in the making of the Technical Teachers Award – State 1991. The QTU provided transcripts that showed that at the time NAT was considered by the employer as “periods of time when students are simply not in college,” and when “there is no formal commitment to teaching time”. In addition, the difference between recreation leave and NAT is that rec leave accrues leave loading, whereas NAT does not.

At a 22 November 2023 conference, the parties agreed to place the immediate member matter in abeyance, pending the commission’s interpretation of the relevant NAT clauses.

Following the conference, officers from TAFE Queensland, the QTU, and Together Queensland determined five issues to be put to QIRC. The issues in dispute were:

1. Whether TAFE Queensland managers have discretion over whether or not to approve the taking of NAT.
2. If there is managerial discretion, whether there are conditions imposed in the industrial instruments which constrain the exercise of that discretion.
3. Whether TAFE Queensland is entitled to require any information from educators regarding how they plan to use their NAT, where the educator will be physically located when absent on NAT, and if/how the educator can be contacted during their absence on NAT.
4. Whether TAFE Queensland has any legal responsibilities (for example under workers’ compensation and work health and safety legislation) towards educators who are absent on approved NAT.
5. Whether there is an entitlement to take NAT if the educator will not be undertaking any course delivery in a calendar year, but will instead be absent on approved leave.
    

On 12 May this year, Industrial Commissioner Pratt published his decision in response to these five issues:

1. TAFE Queensland managers do have discretion to approve or not approve the taking of non-attendance time.
2. There are conditions imposed in the industrial instruments which constrain the exercise of the discretion to approve non-attendance time.
3. TAFE Queensland is entitled to require information from educators regarding how the educator plans to use their non-attendance time, where the educator will be physically located when absent on non-attendance time and if/how the educator can be contacted during their absence on non-attendance time.
4. The jurisdiction created by S 467 of the Industrial Relations Act 2016 (Qld) does not extend to determining whether TAFE Queensland has all legal responsibilities (for example under workers’ compensation and work health and safety legislation) towards educators who are absent upon approved non-attendance time that it would normally have for such employees performing work on campus.
5. There is no entitlement to take non-attendance time in a particular calendar year if an educator will not be undertaking any course delivery in that calendar year, but will instead be absent on approved leave for the entire year.
    

The QTU has reviewed the QIRC decision, and at the time of writing is seeking a legal opinion from our solicitors, including on the possibility of an appeal. 

The QTU anticipates further reports in the QTU Journal, as well as advice to members in bulletins and QTU social media.

Craig Wood
Research Officer