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Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2004 and other awards [2004] NSWIRComm 159 (10 June 2004)

Last Updated: 16 June 2004

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2004 and other awards [2004] NSWIRComm 159

FILE NUMBER(S): IRC2911, 3543 and 3544

HEARING DATE(S): 17/06/2003, 16/09/2003, 17/09/2003, 18/09/2003, 19/09/2003, 10/11/2003, 11/11/2003, 12/12/2003

DECISION DATE: 10/06/2004

PARTIES:

APPLICANT:

New South Wales Independant Education Union

RESPONDENT:

Catholic Commission for Employment Relations (on behalf of various schools and colleges)

JUDGMENT OF: Walton J Vice-President Sams DP Redman C

LEGAL REPRESENTATIVES

APPLICANT:

Mr M Kimber of senior counsel

Ms C Howell of counsel

Instructed by: New South Wales Independent Education Union

RESPONDENTS:

Mr J Murphy of counsel

Instructed by: Catholic Commission for Employment Relations

CASES CITED: Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award [2004] NSWIRComm 114

Re Crown Employees (Teachers - Department of Education Award) [1970] AR 345

Re Crown Employees (Teachers) Awards [1980] AR 127

Operational Ambulance Officers (State) Award 2001 113 IR 384

Re Pastoral Industry Award (2000) 104 IR 168

Re Public Hospital Nurses (State) Award (2002) 118 IR 336

Re Public Hospital Nurses (State) Award (No 3) [2003] NSWIRComm 325

Re Social and Community Services Employees (State) Award (2001) 113 IR 119

State Wage Case (2003) 121 IR 446

Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta)(State) Award 2004 and other awards [2003] NSWIRComm 476

Re Teachers (Non Government Schools) (State) and Other Awards (Industrial Commission of New South Wales in Court Session unreported, 17 August 1990)

LEGISLATION CITED: Anti-Discrimination Act 1977

Child Protection (Prohibited Employment) Act 1998

Children and Young Persons (Care and Protection) Act 1998

Commission for Children and Young People Act 1998

Crimes Amendment (School Protection) Act 2002 Disability Discrimination Act 1992 (Cth)

Education Act 1990

Inclosed Lands Protection Act 1901

Industrial Relations Act 1996

Occupational Health and Safety Act 2000

Occupational Health and Safety Regulation 2001

Ombudsman Amendment (Child Protection and Community Services) Act 1998

Privacy Act 1988 (Cth) (as amended by the Privacy Amendment (Private Sector) Act 2000 (Cth))

JUDGMENT:

- 55 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: WALTON J, Acting President

SAMS DP

REDMAN C

Thursday 10 June 2004

Matter No. IRC2911 of 2003

TEACHERS (ARCHDIOCESE OF SYDNEY AND DIOCESES OF BROKEN BAY AND PARRAMATTA) (STATE) AWARD 2004 AND OTHER AWARDS.

Application by the New South Wales Independent Education Union for approval of new awards.

Matter No. IRC3543 of 2003

PRINCIPALS (ARCHDIOCESE OF SYDNEY AND DIOCESES OF BROKEN BAY AND PARRAMATTA) (STATE) AWARD 2004 AND ANOTHER AWARD.

Application by the New South Wales Independent Education Union for a new award.

Matter No. IRC3544 OF 2003

ADVISERS (ARCHDIOCESE OF SYDNEY AND DIOCESE OF BROKEN BAY AND PARRAMATTA) (STATE) AWARD 2004 AND ANOTHER AWARD.

Application by the New South Wales Independent Education Union for a new award.

DECISION OF THE COMMISSION

[2004] NSWIRComm 159

1 On 19 December 2003, the Full Bench awarded interim salary increases of 5.5% effective from 1 January 2004 [2003 NSWIRComm 476] to principals, teachers and advisers in the NSW Catholic school sector. We note that similar interim increases were also awarded on 19 December 2003 by a Full Bench of the Commission to teachers in the government school sector.

2 In these matters the interim increase arose from applications for seven new Awards filed by the Independent Education Union ("the Union"). The applications, filed in June 2003, sought increases in salaries and allowances of 25 per cent for the aforementioned group of employees. A further claim by the Union was for two additional steps in the teacher salary scale with further increases to promotional positions and allowances.

3 This decision deals with the final determination of the applications before this Full Bench.

The Interim Decision

4 In the decision of the 19 December 2003, the Full Bench was satisfied that a special case had been made out in these proceedings, pursuant to principle 10 of the 2003 State Wage Case (2003) 121 IR 446. We reaffirm our conclusion that this case meets all of the requirements of the Special Case Principle. We proceed to finally determine the claims on that basis.

5 Further, in our decision we recognised and commended the parties for the approach they adopted to the issues raised by the applications. In particular, we made reference to an Agreed Statement of Facts which outlined the following general propositions:

1) The nature of schooling has undergone a significant shift as the world has moved from an industrial economy to a knowledge economy. This has led to significant changes in the work of teachers. These changes have been influenced by broader societal developments which have occurred over this time.

2) The Commission has not considered the work value of the teachers covered by the relevant awards since 1990 when wage increases were granted on the grounds of structural efficiency and - to a lesser extent - changing work value: see Re Teachers (Non Government Schools) (State) and Other Awards (Industrial Commission of New South Wales in Court Session, unreported, 17 August 1990 at p23) ("the 1990 Special Case").

3) The wage increases that Catholic school teachers have received since 1990 were not intended to, and have not served to, compensate teachers for the work value changes that have occurred in the last thirteen years.

4) A range of educational policies have been implemented over the last thirteen years to take account of the changes in societal attitudes and to provide a framework for schools to respond to these issues. This has gone some way to address the issues but has not taken away from teaching becoming an increasingly complex and demanding occupation.

5) At a broad level, schools and teaching have been markedly affected by the major changes in Australia's technological, employment and economic profiles, and by the associated changes in labour markets and skill requirements.

6 In our interim decision, we concluded on the evidence (at paras [19] and [20]):

Both parties agreed that a significant increase in salaries was justified on work value grounds and that these proceedings constituted a special case for the determination of an appropriate increase. However, there was no agreement as to the quantum of increase which could be justified by the nature and extent of the identified work value changes. Nevertheless, having regard to the extensive material before the Full Bench, we agree, in general terms, that a significant increase in salaries and allowances is justified.

It should be emphasised that the changes identified in the evidence not only included the changes in curriculum and the methodology of teaching, but have involved major external factors which have directly or indirectly, impacted on the teaching profession. New child protection legislation is one example. Indeed, on the evidence before us, it may be readily concluded that the Union has made out a very substantial case demonstrating factors which well and truly make out a case under the Work Value principle.

7 As we have observed, both the Union and Catholic Commission for Employment Relations ("the respondent") filed extensive evidence in support of the applications. This took the form of witness statements from educational academics, administrators and teachers, recent Government studies and reports and current school syllabuses. We note that the vast bulk of the evidence was uncontested and supported the parties' joint conclusions as outlined in the Agreed Statement of Facts.

8 The changes in the work of teachers was discussed under a number of headings as follows:

1. The Changing Educational Environment since 1990.

2. Changes to Syllabuses.

3. Changes to Assessment.

4. Impact of Information and Communication Technologies (ICT).

5. Integration of Students with Disabilities (SWD) into the Classroom.

6. Vocational Training in Schools.

7. Societal Changes.

8. Changes to Student Population.

9. Pastoral Role of teachers.

10. Increased Accountability.

11. Parental Expectations.

12. Legislative Framework.

13. Child Protection.

14. Working life of teachers:

(a) Teacher Morale (and Satisfaction)

(b) Teacher Workload

15. Issues affecting Principals and other Leadership Positions.

9 We propose to refer to each of these matters seriatim by reference to the Agreed Statement of Facts and the evidence relevant to it. A list of the witnesses in the proceedings is annexed to this decision.

1. The Changing Educational Environment since 1990

10 The Education Act 1990 implemented many of the recommendations of the Carrick Report and the Government’s 1989 White Paper on Curriculum Reform in NSW Schools (Excellence and Equity), which provided a statement on curriculum structures within the framework of eight key learning areas, namely English, Mathematics, Science, Human Society and its Environment, Languages other than English (at that time modern and classical languages), Technological and Applied Studies, Creative Arts and Personal Development, Health and Physical Education.

11 The Act also established the NSW Board of Studies as the authority with responsibility for curriculum from Kindergarten to Year 12 for all schools, assessment and credentialing for the School Certificate and the Higher School Certificate and the registration and accreditation of non-government schools.

12 In the period between the passing of the Education Act 1990 and the present time there has been a fundamental reconsideration of primary and secondary school curricula and syllabuses and consequent changes to teaching methodology.

13 The extent of the reconsideration that occurred in that period is reflected in the following list of policies, reports and papers which were published during that period, namely:

(a) The Board of Studies, Information and Discussion document “Implementation of Curriculum Initiatives” (1991) that informed schools of the new requirements under the Act and invited comment on curriculum proposals that were still under consideration.

(b) The NSW Government’s Direction Policy Statement of July 1993 which formalised the provision of opportunities for high school students to combine general and vocational studies for the Higher School Certificate. The aim of that initiative was to broaden curriculum choices to support a greater range of training pathways and the forging of closer links between schools, universities, TAFE and other training settings.

(c) The NSW Government’s Directions Report published in 1994 and an earlier Board Discussion “Pathways” which introduced more flexible progression through the upper secondary years.

(d) The development and publication of the “Australian Qualifications Framework” being a national system endorsed by the Australian Government establishing “AQF qualifications” that would be recognised across Australia and by other countries. The framework and the recognised qualifications were designed to create learning pathways between school, vocational education and training and university.

(e) The McGaw Report published in 1996 by the NSW Department of Training and Education Co-ordination which was the first step in a significant review of the Higher School Certificate in NSW that was commissioned by the then Minister for Education and Training. The review was seen as warranted given that when first introduced as a consequence of the Wyndham Report, the Higher School Certificate was for a small percentage of students, primarily those who had begun to aspire to some form of tertiary education; whereas by 1996 the Higher School Certificate attracted more than 70 per cent of students passing through the NSW school system.

(f) The NSW Government White Paper “Securing Their Future” published in 1997 revealed the significant extent to which the government had adopted the recommendations of The McGaw Report concerning appropriate and significant reforms to the Higher School Certificate (and to the School Certificate). The central feature of the Government’s proposed reforms was the introduction of explicit standards against which student achievement would be measured that would enable clear reporting of what students know, understand and can do.

(g) The Senate Employment, Education and Training References Committee Report A Class Act: Inquiry into the Status of the Teaching Profession published in March 1998 ("A Class Act") concerning the status of teachers and the development of the profession in the next five years in view of, inter alia, recent changes impacting on the profession.

(h) The Commonwealth Government Ministerial Council on Education, Employment, Training and Youth Affairs Statement namely “The Adelaide Declaration on National Goals for Schooling in the Twenty First Century” published in April 1999 ("The Adelaide Declaration") that was designed to provide broad directions to guide schools and education authorities in securing the best educational outcomes for students.

(i) The Commonwealth Department of Education, Training and Youth Affairs Research Report “Reporting on Student and School Achievement” published in January 2000 provided a comprehensive statement of the nature and extent of information that schools should be required to publish to parents.

(j) The Commonwealth Ministerial Council on Education, Employment, Training and Youth Affairs publication “New Framework for Vocational Education in Schools: Policy Directions” published in March 2000 designed to enhance the role of vocational education both in schools and elsewhere by the articulation of new policies for determining “successful transitions” for students. The new framework countenanced schools being required to provide students with a broader range of skills and qualifications resulting in wider opportunities and choices of multiple pathways and transitions to the workforce with such vocational education and training activities occurring in the “primary years”, enterprise and vocational learning occurring in the “middle years” and student support services occurring in the “senior years” of school.

(k) The Commonwealth Department of Education, Training and Youth Affairs Report “Schooling Innovation: Pathway to the Knowledge Society” published in 2001 being one of the first large scale research and development projects that was specifically focused on innovations in schools aimed at improving learning outcomes for students.

(l) The “Teachers Taking On Technology” Report on the information and technology professional development needs of staff working within the schools of the Broken Bay Diocese, being a report prepared by Glynis Jones for the Catholic Schools Office and published in 2001. That report concluded, inter alia, that the essential challenge for the Catholic Schools Office was to provide appropriate opportunities for teaching staff to develop the skills and knowledge they need to make computers an integral part of the school environment.

(m) The Australian House of Representatives Standing Committee on Educational Training Report “Boys: Getting It Right” published in October 2002, being a comprehensive inquiry into the educational needs of boys.

14 These documents reflect governments’ and ultimately society’s recognition of the increasingly complex educational environment in which teachers work. The documents also provide policy support and direction for this educational agenda and, in so doing, support for teachers in meeting the challenges of today's world. They are demonstrative of the changes in teaching and the substantial improvements in the quality of education to which Catholic school teachers have made a significant contribution.

15 We shall refer to some aspects of the evidence revealing the significant change in the value of the work of teachers (amply satisfying the work value principle). The Director of Catholic Schools for Wollongong, Mr Greg Whitby said:

Schooling has undergone a rapid and dramatic shift in the last decade. Schools of the later twentieth century operated much as they had for over the one hundred years since public education commenced in the mid 1800s. To this extent they reflected an industrial model of schooling. The defining hallmark of this model of schooling was the mass production of education. Education was equated to the transmission of a distinct and defined set of content, which was packaged and compartmentalised for schools. The focus for delivery was on standardisation and the centralisation of the control of learning.

In this ‘industrial’ model the teacher was the source of the content, the student the mere recipient of that content. The teacher played the active role and the learner a passive role or in other words the teacher taught and the student learned. There was little regard paid to the diversity of the student population and all students were exposed to the same education process and the same outcomes were expected for each student. Developments elsewhere indicate that as learning continues to move beyond the physical environs of the classroom and the traditional school day, teachers are called on to be creative and innovative in meeting this change. In the one-size fits all model teachers had greater control over their environment and the educational process. In today’s schools this is not necessarily the case.

The demands of a world shaped by the continual merging of information and communication technologies (ICT) have seen a reshaping of the model for schooling. Knowledge, not manufacturing now shape and drive the economic agenda. The acquisition, application and management of knowledge is central to society and therefore to schooling.

The contemporary model for schooling therefore is the development of Learning Communities. The defining hallmark of this model is the individualisation of learning. Education is about negotiating learning and blurring the boundaries between the learner and the teacher. Modern schooling demands diversity and differentiation and the capacity to provide a responsive and flexible method of delivery.

To be a teacher in today’s schools is to be both a learner and a teacher. This requires teachers to not only acquire additional but also different skill sets over the lifetime of their career. The pace of this change is more than in previous times. There is greater responsibility on teachers for shaping the learning experiences for students since this has to be individualised and negotiated. Most teachers adapt to and adopt new technologies with some ease and recognise they do this because they recognise how today’s technologies are more central to the lives of their students. Teachers explore ways of working more cooperatively and collegially than maybe before, as they seek to provide appropriate learning experiences for the full range of young people in their care. The broad teaching population have experienced continuous learning on their part as a teacher and as part of a school based learning community.

16 Dr Brian Croke, Deputy President of the New South Wales Board of Studies, said:

The NSW Education Act of 1990 has proved to be a watershed in defining the nature of school education in this state. Among other things, the 1990 Act, for the first time in Australia, specified the expectations of a Government for the nature and extent of curriculum for all primary and secondary schools. By itself this was a deliberate decision designed to codify and elevate the importance of curriculum in NSW schools. The 1990 Act also established the Board of Studies which has since been responsible for the development of all syllabuses for all schools, K-12. Essentially, since 1990 the requirements of the Board of Studies (as approved by the Minister of the day, on behalf of the Parliament) have governed what teachers are required to teach and what they are required to assess.”

17 Dr Anne Benjamin, Executive Director of Schools, Archdiocese of Parramatta, described an increased expectation of schools and schooling, which has made the work of teachers substantially more complex and demanding. Professor Michael Hough from the University of Wollongong spoke of the continuing move to a more sophisticated and complex learning educational process.

18 The shift throughout the 1990's was towards outcome based standards in the New South Wales educational system. We were provided with two major reports in this regard. The first in 1995 was known as Focus on Learning: Report on the Review of Outcomes and Profiles in New South Wales Schooling ("first Eltis Report"). The second in November 2003 entitled Time to Teach, Time to Learn: Report on the Evaluation of Outcomes Assessment and Reporting in New South Wales Government Schools ("second Eltis Report") detailed the nature, extent and significance of the changes which resulted from the move to outcome based education and the impact those changes had on the skills, responsibilities and workloads of teachers.

2. Changes to Syllabuses

19 Since the early 1990's there has been significant reform in the nature of syllabuses from K to 12. In 1998, a new English K-6 syllabus was introduced with new syllabuses following in all other Key Learning Areas K-6 by 2002. All syllabuses for Years 7-10 have been, or are in the process of being, re-written, with Maths and English to be implemented in 2004 and the remaining syllabuses scheduled for implementation in 2005. Syllabuses in Years 11-12 experienced extensive and rapid change from 1997.

20 These changes in both Primary and Secondary curricula have forced teachers to re-think their approach to programming, assessment and reporting; as well as requiring the development of new pedagogies. Teachers have put increased time into professional development and re-skilling to respond to the changes that were required by government policies. These changes were implemented without the appropriate recognition of the impact on teachers’ work. The changes to the curriculum, pedagogy, integration of technology, assessment and reporting, incorporate changes greater than those introduced by the Wyndham system of the 1960's.

21 Many of the significant changes affecting teachers (especially with respect to the new Higher School Certificate) were introduced by the Board of Studies without time for full and meaningful consultation with Catholic teachers. Compounding this was the lack of sufficient time for the implementation of these changes. Given that the changes were successfully implemented, the process of implementation is a testimony to the commitment, professionalism and hard work of teachers.

22 Current syllabuses place greater emphasis on independent student centred activities and require teachers to teach in a way which takes greater account of individual student learning styles, abilities and stages of development. In particular, challenges arise in meeting the needs of gifted and talented children whether in whole class settings or separately. More time, therefore, is required for teachers to work collaboratively with their colleagues to meet these individual needs and to program appropriately within this pedagogy.

23 Current syllabuses require attention to individual perspectives and societal priorities, such as indigenous perspectives, environmental issues and gender equity. The incorporation of these perspectives and priorities add to the complexity of teachers’ work as it requires continual attention to the nature of the learning experiences to adequately reflect such perspectives.

24 Dr Croke gave the following evidence in this respect:

Curriculum is dynamic. Syllabuses have always required periodic updating. New syllabuses for new courses have always been introduced from time to time. The implementation of new syllabuses is a normal part of teachers’ work and has not of itself necessarily increased teachers’ workloads. The increase in workloads since 1990 has come, however, from what new syllabuses have demanded, and continue to demand, of teachers. The NSW Board of Studies has introduced many new syllabuses and supporting documents since 1990 for both primary and secondary schools. As schools licensed to operate by the state, that is to say legally “registered’ schools, all Catholic schools are required to implement Board of Studies syllabuses. Every teacher in a NSW Catholic school has therefore been obliged to implement new Board syllabuses in their particular area of work between 1990 and 2003. Over this time, there has been a substantial shift in what is expected of teachers.

The syllabuses introduced by the Board of Studies since 1990 are clearly distinguished from those developed prior to 1990 by the following characteristics:

1. Increased specification and prescription of content;

2. Increased emphasis on, and specification of, assessment of content;

3. Introduction of specific curriculum for students with special needs;

4. Introduction of integrated technology skills.

25 Br Kelvan Canavan (Executive Director of Schools for the Archdiocese of Sydney) put it this way:

These changes in both primary and secondary curriculum have placed upon teachers a demand for reprogramming, assessment and reporting; as well as retraining for redeveloping pedagogy to suit an ever-changing educational landscape. Teachers have put increased time into professional development and re-skilling to undertake curriculum development. Furthermore, this has resulted in greater needs in curriculum leadership from middle management and school leaders.

26 Parent Community Educator, Ms Carolyn Benedet, stated:

Wider community expectations of primary and secondary education being able to provide a pathway from school to the workplace has always been prevalent. The rate of recent curriculum change and the impact of social change legislation has, I believe, added extra responsibilities to the current workload of teachers and their quality of professional and personal life.

27 Numerous other witnesses gave evidence of the impact of the changes to syllabuses on teachers' duties and responsibilities.

28 An English teacher, Ms Stephanie Hutchens, described the changes as follows:

In the old Syllabus the program for study revolved around the choice of texts and the emphasis in study was very much within those texts. So we would examine each of those texts for their literary quality. In this new syllabus the texts merely become a vehicle for modules which develop new ideas about the construction of texts.

The new syllabus is radically different - and its no (sic) only radically different in the content that we teach but I think its radically different in the approaches we now have to take as English teachers to the subject. I think that shifted immensely.

29 The Commission was provided with various current English and Science syllabus documents for primary and secondary school courses.

3. Changes to Assessment

30 The use of the standards assessment framework has changed the way in which teachers teach and assess students, and has also significantly changed the work of teachers. This change represents a shift from a focus on what students know to a focus on what students can do. This approach moves away from a narrow assessment methodology to the development of a range of assessment methodologies which allow students to demonstrate the level of achievement of outcomes. This has changed the nature of teachers' work. We refer, for example, to the development of student portfolios in primary schools and the development and publication of assessment criteria in the secondary context.

31 The impact on teachers' work cannot be ignored since changes to assessment practices and outcomes based teaching requires high level collaboration between teachers to ensure consistency of outcomes and assessments, ensuring common understandings of the new approaches, both in relation to outcomes and also syllabuses. Outcomes based teaching has demanded an increase in both the range and degree of skill required of teachers.

32 Dr Croke gave evidence that:

Accountability requirements placed on schools and thus on the work of teachers include the following:

(a) the need to meet government reporting requirements in literacy and numeracy through external student assessment, including the English Literary Language Assessment (ELLA) (introduced in 1999), the Secondary Numeracy Assessment Program (SNAP) (introduced in 2001), Basic Skills Tests (BST) and Primary Writing Assessment (PWA).

(b) There is a greater expectation from governments, system authorities and the community that information derived from external assessment measures is used to inform and improve learning outcomes and to report on student achievement. This has changed the focus for teachers on assessment as an end in itself to become an integral tool for providing good learning for their students.

(c) There has been widespread introduction of formal review processes for teachers in promotion positions, with renewal of contracts subject to satisfactory performance.

(d) Since 1990, Catholic sector schools have responded to the legislative requirements under the Education Act 1990 to meet registration and accreditation requirements by integrating with these processes whole school reviews whose purpose is developmental. This has challenged schools to be more transparent and open in their processes in relation to providing quality learning.

(e) Some employers have instituted performance review and professional goal setting for all teachers.

33 Professor Hough observed:

Rather than traditional mass instruction, the process of learning centred on students rather than on whole classes, has altered, accelerated and become the norm in schools over the last 10 Years. Each student now has an individual learning pathway. This requires a higher level of teacher skills and effort in order to successfully plan, assist, track and evaluate this newer type of learning.

34 The Second Eltis report concluded:

While much of the pressure on schools arises from what are seen to be excessive demands coming from an over abundance of outcomes to be addressed, the Evaluation has shown beyond any shadow of doubt that it is the demands created by assessment and reporting processes that are giving schools the most cause for concern, while both the New South Wales Department of Education and Training and the Board of Studies New South Wales have produced helpful guidelines to assist with assessment, such guidelines are no more than that.

It is still left to schools to go through what for many has been a painful process of devising their own assessment programs and schedules or reporting. There is no doubt that this has been time consuming and for many a very frustrating exercise. The prospect of further demands from a Standards framework with differing levels on which to report at various Stages, as proposed in the Board of Studies New South Wales Description of Levels of Achievement: Consultative Model, has had the effect in some places of creating even greater concern about the capacity of schools to cope.

35 Numerous other witnesses described the changes to assessment over recent years, and left no other conclusion available than assessment changes have also resulted in a significant net addition to the work of teachers.

4. Impact of Information and Communication Technologies

36 Schooling in the knowledge economy requires that learning reflects the technological capacity in the world in which students live, the way that young people learn as a result of living in a technological age and the integration of technologies as a tool to enhance learning in each school. The challenge for teachers is the integration of ICT as a significant tool in learning and teaching.

37 The impact of ICT on schools has driven a number of initiatives and programs. This has impacted on most aspects of classroom life. Teachers are expected to acquire the necessary skills and knowledge to utilise modern technologies in the classrooms. This has required reconceptualising pedagogy. Teachers are working hard to acquire detailed knowledge of the applications of technologies in circumstances where many of their students already have these skills. Teachers’ confidence is often undermined by their recognition of this discrepancy.

38 Teachers are undertaking significant further professional development to address these issues. Catholic education systems and individual schools are contributing by the provision of technology infrastructure to support student needs and teacher professional development. This infrastructure includes a reduction of the student to computer ratio, the establishment of local area networks in schools and the building of wide area networks which provide managed internet and e-mail access. This represents a significant financial and human resource investment by systems and schools.

39 Given that this infrastructure has been put in place, teachers are nonetheless expected to continue to improve and enhance their skill base in ICT. Employers and parents have high expectations of schools to be at the forefront of this technology. This pressure is felt by the classroom teacher.

40 Mr Whitby deposed:

Young people today are highly technologically literate. The microprocessor is as familiar to them as any other aspect of their lives. They are therefore more naturally technologically literate then preceding generations of school children. They therefore expect their classroom experience to mirror their world experience. This expectation places pressure on the generally non technological literate teaching professional to change this skill base as pedagogical approach.

41 In Teachers Taking on Technology, Ms Glynis Jones concluded:

Schools have witnessed remarkable changes over the last 10 years and these have impacted upon the work of teachers and students alike. As technology has become more sophisticated it has been used increasingly across the curriculum. In the beginning, students were often limited to using the computer for research purposes or word processing for the presentation of work. The introduction of more powerful machines and CD ROMS meant that artists, musicians and historians were in a position to explore different applications of technology within their subject domains. Now with the internet and video conferencing, the long awaited revolution in language teaching is occurring, and the technology agenda’s communication is being explored. ...

Far from making teachers redundant in the classroom, technology makes teachers even more fundamental to the teaching and learning process. ... As staff and students become more proficient and confident in their use of technology there will be an increasing emphasis on thinking skills and creative project work. Teachers will change the way they teach, working alongside their students and running cross-curricula technology-based projects. ...

The essential challenge for the Catholic Schools Office is to provide appropriate opportunities for teaching staff to develop the skills and knowledge they need to make computers an integral part of the school environment. The incorporation of pedagogical skills will need to be evident in any educationally derived framework which emerges from this research. ...

42 Mr Bernard Ryan, a primary teacher for 10 years, summarised the impact of technology in the following terms:

7. In my teaching career information communication technology (ICT) has dramatically changed and revolutionised the nature of teaching and has led to a tremendous increase in teacher workloads. When I began teaching ICT was extremely ad-hoc in nature and implementation. It existed in some schools and not in others, or it existed within some classrooms in schools but not other classrooms in the same school. ICT was seen as word processing, enrichment activities, games and simple graphics programs. ICT was not mandatory within Board of Studies curriculum syllabi. There was no agreed standard platform, no coherent skill development, no accountability within syllabi, and there was little pressure placed on teachers’ expectations or workload.

ICT is now a stated element of all Board of Studies syllabi and therefore is mandatory. In teaching ICT to children there are two components, skill acquisition (learning about ICT), and skill application (learning to use ICT in context). To achieve this teachers have been required to be skilled in the required technologies and have had to learn how to integrate this technology into the curriculum. This has made planning and implementing curriculum a much more complex and demanding task. This is all being done with limited resources, hardware and time. ICT impacts on all classroom teachers irrespective of their class level and/or position in the school.

Planning of teaching units now involves searching the internet for resources and websites, as well as libraries for books. Critical literacy of internet sites now needs to be taught. As well as adding to teachers’ workloads it is also another new skill that teachers must acquire. We now have to skill children in sorting out reliable from unreliable internet sources. This is a whole new set of skills imposed on top of teaching the more traditional research skills. ICT has not replaced but expanded this area of a teacher’s work. An example of a unit I planned integrating ICT is attached. This unit was a HSIE unit on China. It incorporated an Asian perspective and ICT. The ICT component consists of a website I made that supported the children’s learning.

ICT reference teachers in primary schools have a great demand placed on their time. Depending on the size of the school this teacher receives little or no release from their classroom teaching position to fulfil their duties. These duties include maintenance of the network e.g. a computer not being seen by the network, computers not printing, computers running out of ink, computers freezing, network going down, curriculum integration, curriculum planning, forward planning in relation to hardware, software and curriculum, being the contact person for all computer queries and questions, and being the contact person within the school for arranging computer technicians and liaising with technicians. Not only is this an addition to the teacher’s teaching load, the teacher is also required to acquire new skills to fill this position. If the school is not large enough to receive co-ordinator points this job is done for no financial reward.

Not only does ICT put pressure on the ICT reference teacher, it greatly increases the workload of all staff members. All teachers are grappling with ICT as evidenced by the fact that teachers are continually having problems with hardware, software and curriculum integration.

The integration of ICT into all curriculum documents has greatly added to the complexity of the work of primary classroom teachers. Attached are examples of NSW Board of Studies syllabi where ICT is stated in the outcomes and indicators.

43 Other teachers gave evidence about how technology had changed their work.

44 We have no doubt, on the evidence before us, that the technological changes faced by teachers significantly affect their workload and has required them to obtain improved technological skills. We also consider that technological changes have contributed to improvements in the quality of education. However, we have some reservations as to just how much this change has extended beyond that required as an ordinary component of professional development and it features therefore less significantly, in our view, in the work value changes which we have taken into account in granting a wage increase in this matter.

5. Integration of Students with Disabilities

45 The Disability Discrimination Act (Cth) 1992 requires that students with disabilities will not be discriminated against in terms of their access to educational services.

46 The Catholic sector has responded positively to the integration of students with disabilities as shown by the increase in numbers of such students enrolled in Catholic schools in New South Wales in the period 1996 to 2001. That is, there has been a 43 per cent increase in that period, namely from 4,551 to 6,507 students with disabilities in the Catholic school system.

47 The extent of the obligations now imposed on schools and hence on teachers with respect to properly accommodating the special needs of disabled students is reflected in the recently released Draft Disability Standards for Education 2003.

48 The range of needs includes cognitive, sensory and intellectual disabilities and students with oppositional behavioural disorders. This places an increasing demand on the abilities and skills of classroom teachers to meet the educational and pastoral needs of all students. The integration of students with disabilities has involved classroom and specialist teachers in the development of special Individual Education Programs, liaison and work with Clinical Specialists and supervision of teacher assistants. In an earlier period many of these students would have been placed in separate “special schools”. The number of dedicated Special Education teachers and Clinical Specialists has been increased to respond to this change.

49 There are also new social and legal requirements that schools meet the needs of all students. Integration programs place new demands on teachers. There are accordingly significant new challenges on teachers’ professional expertise and significant demands on the resources of systems and schools. They have required a great enhancement in skills and a significant increase in responsibilities for catholic teachers.

50 While, over the past decade, schools have been provided with additional staff to assist with the education of SWD students, the case for further resources is strong. The Catholic sector has campaigned for extra assistance for SWD students at recent elections and will continue to campaign.

51 Br Kelvin Canavan said in his statement:

Our schools now provide inclusive mainstream education for students with a diverse range of disabilities and special needs, which have doubled in the last decade. In 2003, 4.2% of our students (2,613) have been assessed as Students with Disabilities. In 1993, 2.2% of students (1,359) were assessed as Students with Disabilities. The range of needs includes cognitive, sensory and intellectual disabilities, highly gifted students, and students with oppositional behavioural disorders. This places an increasing demand on the abilities and skills of classroom teachers to meet the educational and pastoral needs of all students. This brings a challenging dimension to the role of the classroom teacher. It often involves the development of special individual Education Programs, liaison and work with Clinical Specialists and supervision of teacher aides. In an earlier period many of these students would have been placed in separate “special schools”.

52 As to the level of support provided to teachers, special education teacher, Mr David Parnell stated:

A classroom teacher with three or four students with special needs would receive support from a teacher’s aide for approximately one-third of their lessons. When there is only one student with special needs at the most only one period per fortnight would be provided.

6. Vocational Training in Schools

53 As a result of the McGaw Review into the HSC in 1996 and the subsequent Government Report “Securing Their Future” in 1997, there was a major re-think by the Board of Studies of the role, purpose and delivery of vocational education and training (VET) courses. The changes that resulted had an impact on the skills, and work of teachers with responsibility for VET in that:

(a) The courses were henceforth to be taught as part of the student’s HSC.

(b) The Board of Studies developed 8 industry curriculum frameworks in tourism and hospitality, retail, metal and engineering, construction, information technology, business services, entertainment and primary industries and all those courses, being competency based, had to be taught by teachers who were appropriately credentialed to teach them.

(c) To meet the Australian Qualifications Framework standards, 30% of course time is to be undertaken in the workplace under supervision with their performance being monitored in situ and logged in a log book.

(d) Each competency needs to be demonstrated to an acceptable level of performance and assessed by the teacher who is required to hold a Certificate IV Workplace Training and Assessment Certificate.

(e) Fulfilment of the requirements in (c) and (d) above often involves teachers in after hours visits to workplaces, as well as during holidays and over weekends.

(f) In addition to the specialist qualification, VET Teachers are usually required to acquire and maintain industry competence. This requires professional development in accordance with industry standards and work placements in industry.

(g) Teachers need to construct and maintain new courses and develop, set up and monitor workplace learning and assessment opportunities and sustain new relations with VET partners, all of which require efforts undertaken well beyond the normal hours of work and general workload of teachers.

(h) The demands of such courses exacerbated the already pressing need for teachers to understand, utilise and teach ICT to students in both primary and secondary schools.

54 We refer particularly to Ms Jones' evidence in support of the above propositions.

7. Societal Changes

55 Over the past decade or so, changes in society and other factors have seen an upsurge in the number and scope of matters being dealt with by teachers and Principals. Family dislocation, emotional and psychological pressures in the lives of students take up increasing amounts of teachers’ time and energy. Displays of violent behaviour have unfortunately tended to increase in recent times. Increasingly, the work of teachers and Principals are impacted by these challenges.

56 These changes have necessitated the acquisition of additional skills by staff. Schools and systems have responded with the creation of Pastoral Care Coordinators, the employment of trained counsellors, or a combination of both, and the implementation of various programs designed to assist students to cope and respond to societal issues. However, there is still added pressure since as schools successfully meet each challenge, more is expected of them.

57 A significant social shift, with direct implications for teachers and the expanding roles of teachers, has been the rise in the number of single parent families. Between 1989 and 2000, one parent families with children under 15 years of age, as a proportion of all families with dependent children under 15 years of age, increased from 14 per cent to 20.9 per cent. The actual number of single parent families with children under 15 years of age rose from 272,600 to 453,900. In 2000, 89 per cent of single parent families, 404,000 were headed by women.

58 Between 1981 and 2000 the number of couple families with children under 15 years of age in which both parents worked increased from 696,000 (41 per cent of all couple families with children) to 968,100 (56.3 per cent).

59 We quote extensively from the evidence of Educational Consultant, Mr David McRae, as we found it particularly illuminating in this respect:

5.3 The impact of social problems and increased responsibility for dealing with them

I encountered issues related to the growing impact of social problems most starkly in a study of student support requirements conducted for the Victorian Primary Principals Association in 2002. (Below some data are provided which indicate that these problems must be considered to be general and applicable in schools other than the ones I was studying.)

The perceptions of these school leaders (drawn from a survey of just under 500 primary schools), backed up by a certain amount of data, were that their workload in this area had increased significantly during the past five years – 93 percent believed that it had increased during that period, 84 percent believed that it had increased substantially.

This is telling data; but even more than workload issues, it was the types and complexity of problems that they were dealing with which was perplexing them. Some typical comments:

i. ‘Family breakdown and dysfunction seems to be behind the majority of student welfare issues. Schools have become the first port of call for families and children in distress. ... The number of children not receiving adequate nutrition, clothing and general care has increased dramatically over the past seven years. We have become the primary care providers for a significant number of children. Issues such as domestic violence, drug use, poverty and housing are falling on the school’s administration.

ii. 'I've been at this school now for eight years and the problems we are dealing with are more severe and there are more of them. School is the only port of call for so many things. It's an increasingly essential part of this community when so many other resources have been trimmed back or are located somewhere else.

iii. [For some time this school had been working hard on instituting flexible learning programs and procedures, a step that the Principal believed had been most successful.] ‘Yet we still have inappropriate behaviour in the classroom from kids who just can't cope. It's the complexity of the issues, compound problems. We used to get one-off issues. The kids would come to school distressed because of flare-ups at home or particular incidents, and with a bit of attention and effort you could resolve them. But now, with the kids who are the regulars in this area, things might go dormant for a while, and then trouble, go quiet, then another problem. We have to see these issues as more permanent and far more difficult to resolve.'

iv. 'There are just so many families, in our community at least, that are in a state of one sort of crisis or another. I suspect that we are seeing the impact of several generations on welfare with no resources to think about how to live another sort of life. School is the only circuit-breaker because of the amount of time kids spend here, and the fact that it is comparatively stable, and you can talk to adults who will be reasonable and caring.

'It's also the fact that there is nowhere else for them to go. Perhaps the Salvation Army would say the same thing. It might be just our perspective. But we're getting very different sorts of problems. The other day a parent asked me to mediate in a separation. I can't do that. I'm not trained to do something like that, and yet she felt that I was the right person to ask. That might be a silly case but, you should just see that as an example of what is happening on a grander scale and much closer to the needs of kids.’

These statements reflect a rising incidence of breakdown at the bottom end of the social scale. They were drawn from Principals working in a wide range of schools, but clearly the matters they refer to are concentrated more in some areas than others. However I suggest that these are symptoms of trends which are more pervasive and which manifest themselves in different ways in differing social groups but are nonetheless present and real. They can be found among the whole range of schools.

There are (sic) some data which provide a firm basis for making these observations related to trends in the structure of the basic support unit – the family.

Although these issues could be described as relating to social health and well-being, they are most frequently studied under the heading of mental health. The authoritative government report Australia's Children: Their health and well being 2002 suggests that around 15 percent of young people aged 4-12 years currently have some type of mental health problem. The following table describes the nature and incidence of those which are relevant to this statement. It will be noted that the overall figure of 15 percent includes many young people with more than one of these characteristics.

8. Changes to Student Population

60 In addition to the changes outlined above, in the last decade teachers have experienced massive changes in the cultural and vocational characteristics of their students which include:

(a) The ongoing shift to a multicultural student population;

(b) The shift to a more inclusive class profile;

(d) The diversity of student aspirations at the post compulsory level of education.

61 Teachers must now take all these matters more deliberately into account as they exercise their professional responsibilities.

62 Significant change in the student population over the past 13 years has meant that teachers have been required to acquire new skills and assume additional responsibilities. These changes are explored in a range of documents which include, amongst others, "A Class Act". The most notable changes include:

(a) the sense of alienation and disinterest in school experienced by some students who feel compelled to remain at school in the post-compulsory years;

(b) students are more likely now to manifest and carry out poor behaviour which includes disobedience and in extreme cases bullying and vandalism behavioural problems.

(c) The higher incidence of students with some type of “mental health” problem which includes, delinquent behaviour, attention problems, aggressive behaviour, shyness, social isolation, anxiety and depression has increased.

63 In such an environment teachers are more likely to feel threatened or intimidated and are likely to question the value of their work.

64 Associate Professor Geoffrey Riordan, Director Teacher Education, University of Technology, stated:

In 2002 the Minister for Education, in response to community concerns over some extremely violent incidents reported in the media, established a joint education and police taskforce (Taskforce VAR) to examine matters of school safety and violence. Taskforce VAR, among other things, commissioned two studies of school student violence, misbehaviour, suspension and expulsion. Both of these studies, the first pertaining to government schools and the second to non-government schools, are now complete and they provide us with a detailed understanding of student behaviour and welfare in NSW schools. The study Suspension and Expulsion of Students from Non-Government Schools in NSW: Current Policies and Practices is attached.

These studies found that while incidents of serious violence are rare, most schools are experiencing problems related to general student misbehaviour. Consistent with the findings of the recent NSW Teachers Federation funded inquiry into government schools conducted by Prof Tony Vinson, the majority of schools have reported that this general misbehaviour has increased in the past 10 years. These behaviours include disobedience, indifference, insolence and more seriously, bullying, verbal abuse, vandalism and drug related behaviour. In addition to the increase in these behaviours, schools are being challenged to respond to students who 10 years ago would have been placed in special education settings. Students with physical disabilities, behavioural and learning disorders have been increasingly incorporated into mainstream classes in all schools in NSW.

We found that the characteristics of schools' teaching programs, teachers and culture seem to explain some of the variation in student misbehaviour, in addition to the socio-economic status of the school community and its geographic location. This is an important point because some people in the community believe that Catholic schools do not experience the student problems that government schools encounter. We found that "all schools" potentially encounter these problems. Some Catholic and independent schools experience far more challenging student behaviour than that experienced by some government schools.

In relation to student suspensions, our research showed that Catholic schools have higher rates of student suspension than either government or independent schools while at the same time, having lower rates of student expulsion than either government or independent schools. The most likely explanation for this is that Catholic systemic schools do experience problems related to student misbehaviour, at least to the level of that experienced in other schools, but that through their pastoral programs, the generally productive relationships that they build with families and the resources that they put into student guidance and support, these student behaviour problems are effectively managed and this explains the comparatively low rates of student expulsion.

Further to this, there is anecdotal evidence as well as some survey evidence from our studies to suggest that there is a net intake of "problem" students from government schools to Catholic systemic schools. My explanation for this is that some of the parents whose children are experiencing difficulties in government schools are likely to seek a new school, to give their child a "fresh start", and they find the pastoral support structures and programs of Catholic schools to be better at addressing their child's behaviour and learning problems than those of government schools. I believe that there is a general and widespread perception in the community that Catholic schools are "more caring" than other schools, although I cannot support this belief with research data or other evidence other than the above interpretation of enrolment trends.

Based on my research and observations of government, Catholic and independent schools, the effectiveness of the pastoral and student guidance programs of schools is due to both the skills of the teachers and executive staff and their willingness to devote large amounts of time to working with children and their families. Arguably, given the comparatively high suspension and low expulsion rates of Catholic schools, Catholic school pastoral programs are comparatively highly effective and the teachers and administrators that manage these programs have developed the appropriate set of skills and commit the necessary time to achieve these student outcomes.

9. Pastoral Role of Teachers

65 As earlier mentioned, there has been a dramatic increase in family breakdowns in more recent years, a growth in single parent families and a growth in the incidence of students with depression and other emotional problems. As a consequence teachers in collaboration with pastoral care co-ordinators, counsellors and school executives are increasingly called upon to counsel and advise both students and parents about family relationships and many other difficulties. Teachers in these situations need to have well developed counselling skills as well as sensitivity and a capacity for diplomacy and judgment.

66 In the last decade there has also been a 50 per cent increase in Department of Community Services substantiated cases of child abuse and neglect, both of which generate significant issues, the consequences of which schools must confront and work to resolve.

67 Another conspicuous development affecting the work of teachers has been the levels of depression and other diagnosed mental health disorders suffered particularly by adolescent students.

68 The social shift referred to has resulted in teachers being increasingly called upon to provide pastoral support to the growing number of students who have been unable to gain the required support and assistance at home.

69 Sister Mary O'Donoghue, Principal, characterised the changes as follows:

Teachers, especially pastoral care coordinators, comment on the increased insecurity evident in the behaviours of the young people in their care. As students need for love, care and support are transferred to the school, the teacher or Principal becomes the point of stability and security. Many teachers become the life mentor or guide supporting and affirming students in their life choices and relationships extending well beyond the classroom. These developments represent a change in the work of teachers.

70 Associate Professor Robyn Ewing of the University of Sydney said:

Management of students has become increasingly challenging for teachers. There are a number of complex social factors which have contributed to this situation. These include:

...

The breakdown of other social institutions (eg family, church). Teachers have thus been the only constant in many students’ lives. Often emotionally and social difficulties provide barriers to student learning and thus additional pressure on teachers;

The impact of increased numbers of students from backgrounds and cultures which are not based around the values and norms traditionally underpinning schools; and

The reduction in acceptable strategies for disciplining students who are resistant to learning and school culture.

10. Increased Accountability

71 Partly as a consequence of the Education Act 1990 (Part 7) a particular and more demanding leadership and management culture has emerged in Primary and Secondary schools. This culture is characterised by cycles of school review, external educational (curriculum) audit, publication of strategic leadership and management plans, annual goal setting and reporting to the community on achievement, as well as performance review processes for Principals, school executives and teachers.

72 These processes have been systematically developed and implemented as a response to a range of expectations from parents, community, governments, leadership requirements and the profession itself - in order to build strategic leadership and management capacity to improve school effectiveness.

73 Accountability requirements placed on schools and thus the work of teachers include the following:

(a) The need to meet government reporting requirements in literacy and numeracy through external student assessment, including the English Literary Language Assessment (ELLA) (introduced in 1999), the Secondary Numeracy Assessment Program (SNAP) (introduced in 2001), Basic Skills Tests (BST) and Primary Writing Assessment (PWA).

(c) There has been widespread introduction of formal review processes for teachers in promotion positions, with renewal of contracts subject to satisfactory performance.

(d) Since 1990, Catholic sector schools have responded to the legislative requirements under the Education Act 1990 to meet registration and accreditation requirements by integrating with these processes whole school reviews whose purpose is developmental. This has challenged schools to be more transparent and open in their processes in relation to providing quality learning.

(e) Some employers have instituted performance review and professional goal setting for all teachers.

74 It is important to note that these changes have required greater participation by teachers in developing processes, refining procedures, undertaking additional professional development and integrating the requirements into their existing patterns of work. The significant increase in teacher accountability not only requires teachers to develop new skills but also impacts on the work of teachers. Teachers are to be commended for responding in a professional manner to community expectations for increased accountability.

75 Given the increased focus on accountability for school performance and student achievement, we expect there to be continuing accountability requirements for schools and teachers. For example, further accountabilities will arise from the Grimshaw Report.

76 Br Canavan said in this respect:

PPPR (Personnel Performance Planning and Review) is a structured process for Principals, Assistant Principals, Religious Education Coordinators, Coordinators and Teachers that has been progressively implemented in our schools over the last ten (10) years. It involves a process of self evaluation, structured interviews, feedback, affirmation and the setting of professional development goals and strategies. This is an annual process that involves the leader and the colleague in planning and feedback interviews and is designed to assist teachers in their professional development, and to enhance quality teaching and learning. My expectation is that primary schools will have fully implemented the process with staff by 2005, and secondary schools by the end of 2006. Again it is the students that benefit from this particular process.

77 Mr McRae made this general observation:

The last decade has seen the introduction of a wide range of accountability processes and a much increased focus on quantitative academic outcomes. These accountability processes have demanded new technical and professional skills and have encouraged a shift in the ways in which teachers think about their work. ...

Mr McRae continued:

Perhaps the most pronounced general change to school education over the past decade has been the implementation of new formal procedures of accountability.

78 Union Secretary, Mr Richard Shearman, also gave evidence as to this issue as follows:

The review process impacts on all staff who share responsibility in relation to all aspects of school development and review. At the culmination of the review cycle, the pressure on all staff and school leaders is particularly intense as staff gather documentation, student work samples, curriculum programs and policies for inspection by review panels. Teachers report extensive after hours preparation. Diocesan reviews provide a much more comprehensive and probing review process than those reviews done solely for registration and accreditation. Further there is an expectation of on-going review to achieve continuing improvements in the quality of teaching and learning experiences.

11. Parental Expectations

79 Parental expectations have always impacted on schools, but these expectations have been growing over the past decade. Parents have a right to be partners in their children’s education. For some parents, this is an invitation to be involved in a productive and effective way so that student outcomes are enhanced. For others, however, it is interpreted as an opportunity to question the legitimate authority of the school, and increasingly this results in teachers being involved in conflict situations and even at times experiencing harassment.

80 Some parents now expect teachers to be even more accessible and available to discuss their many concerns about their children than they have in the past. They may have unrealistic expectations of the amount of time teachers can be available to provide additional information about their child’s learning and socialisation within the school community.

81 Increasingly, there is an expectation on teachers to differentiate programs to meet the specific needs of individual students. Teachers and school leaders are required to spend more time with parents explaining, educating and discussing concerns. This heightened responsibility to meet parental expectations, which can, on occasion, even lead to litigation, is a growing source of teacher unease and concern.

82 Associate Professor Riordan stated in this respect:

It is universally agreed that parents are requiring schools to be increasingly accountable for all aspects of their work. Decisions of teachers and Principals are commonly challenged by parents ...This accountability is generally welcomed by people working in schools ...but in practice it has the effect of making teachers and Principals more anxious about how and what they communicate to parents and also to be more circumspect in terms of their practices. At its extreme, the demand for increased accountability and the questioning of school authority by parents was evidenced in the finding of our study of non-government schools that 10% of schools had decisions to suspend students subjected to legal challenge by parents.

12. Legislative Framework

83 There has been significant legislative change which has at least in some cases made the work performed by teachers more complex and the necessary skills and responsibilities have imposed greater workload obligations (especially vis documentation). This legislation includes the following:

i. Disability Discrimination Act 1992 (Cth);

ii. Anti-Discrimination Act 1977, as amended in 1997 to apply to schools in relation to sexual harassment;

iii. Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001;

iv. Children and Young Persons (Care and Protection) Act 1998;

v. The Commission for Children and Young People Act 1998;

vi. The Ombudsman Amendment (Child Protection and Community Services) Act 1998

vii. The Child Protection (Prohibited Employment) Act 1998.

viii. Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Private Sector) Act 2000 (Cth) (effective from December 2001 to apply to non-government schools);

ix. Copyright Act 1968 (Cth);

x. Crimes Amendment (School Protection) Act 2002

xi. Inclosed Lands Protection Act 1901

84 Each one of these Acts has brought with it a raft of obligations, processes and professional development requirements for Principals and teachers which we consider in some respects has required them to accommodate changes above those ordinarily contemplated as part of their professional development.

13. Child Protection

85 A significant example of the above changes is the new legislation concerning child protection, namely, the Commission for Children and Young People Act 1998, the Ombudsman Amendment (Child Protection and Community Services) Act 1998 and the Child Protection (Prohibited Employment) Act 1998. This legislation has exposed teachers to greater scrutiny than ever before and has required teachers to be particularly self-reflective in all aspects of their day to day interaction with students. On the evidence before us, teachers are cautious to a point that can leave them questioning their appropriate duty of care obligation. They are at risk of vexatious or misconceived student or parental complaints which can have very adverse consequences for their future careers, even when a complaint cannot be sustained.

86 The Children and Young Persons (Care and Protection) Act 1998 expanded the obligation on teachers and Principals as mandatory notifiers of students reasonably considered to be at risk of harm.

87 Principals and teachers have been required to engage in professional development to develop necessary skills in the appropriate recognition of indicators of harm. Following the promulgation of these provisions the Department of Community Services reported dramatic increases in the number of notifications.

88 Union Deputy Secretary, Mr Patrick Lee, discussed the issues and difficulties in this area when he said:

As noted in paragraphs 7(d) and 7(f), the Royal Commission into the NSW Police Service formed the background to comprehensive new legislation dealing with child protection. A review of the legislation governing the Department of Community Services also implemented sweeping new responsibilities for teachers and Principals in schools, through the Children and Young Persons (Care and Protection) Act 1998.

In 1987, teachers and Principals were nominated by regulation to be mandatory notifiers to the Department of Community Services of any act of sexual assault on children under 16 years suspected, on reasonable grounds, to have occurred. Considerable professional development of teachers, within the context of employer/system procedures, took place to ensure effective compliance with this requirement.

The Children And Young Persons (Care and Protection) Act 1998 dramatically expanded the obligation on teachers and Principals. Section 27 establishes teachers and Principals as mandatory notifiers of children (now defined as under 18) if they reasonably consider them to be at "risk of harm". Section 23 defines "risk of harm" as follows:

23 Child or young person at risk of harm

For the purposes of this Part and Part 3, a child or young person is at risk of harm if current concerns exist for the safety, welfare or well-being of the child or young person because of the presence of any one or more of the following circumstances:

(a) the child's or young person's basic physical or psychological needs are not being met or are at risk of not being met,

(b) the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care,

(d) the child or young person is living in a household where there have been incidents of domestic violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm,

(e) a parent or other caregiver has behaved in such a way towards the child or young person that the child or young person has suffered or is at risk of suffering serious psychological harm.

Note. Physical or sexual abuse may include an assault and can exist despite the fact that consent has been given.

Following the promulgation of this section, the Department of Community Services reported dramatically increased numbers of notifications. Teachers across all Catholic schools, as in other schools, were required to attend training in new procedures, to be implemented by Principals within the context of Diocesan system procedures. The law requires consideration by teachers and Principals of potential risk of harm arising from family disputes, divorce, domestic violence, poverty, nutritional needs, emotional deprivation and abuse, neglect, as well as physical and sexual abuse. This is a greatly expanded set of requirements to be sensitive to, and to respond to the social, emotional and welfare needs and circumstances of students, often in circumstances of contestation and abuse from parents or reluctance in students - this latter being a particular difficulty for school counsellors who are not afforded a discretion at law yet can only do their job in circumstances of trust with students. The state of NSW in significantly expanding this set of responsibilities on schools and teachers, did not fund the professional development necessary. Teachers have been under considerable pressure to which they have responded to meet this challenge through more finely honed application of their common sense, judgement and skills.

While the above developments are a significant extension of teachers' responsibilities in the public interest, the new laws applying to complaints against teachers, while having central purposes which are strongly supported by teachers in our sector, and their employing authorities, have created confusion and anxiety in quite unfair and distressing ways. All allegations or complaints of "child abuse" against a teacher must be:

i) formally reported to the Ombudsman;

ii) investigated under rules and procedures which do not distinguish in any essential way between a complaint of grabbing a child or raising one's voice at a child and an allegation of serious sexual assault;

iii) reported to the Children's Commission, irrespective of outcome or finding;

iv) be acknowledged to a future employer, no matter how trivial, and be assessed formally for risk.

14. Working Life of Teachers

89 There is an expectation that good teachers today accept a dynamic work environment and become excellent communicators, competent and capable professionals and committed to life-long learning. There is also an expectation that they work collaboratively with their colleagues and support each other and, in particular, those new to the profession through mentoring programs. In particular, the following needs to be noted:

Teacher Morale (and Satisfaction)

90 There is a perception in the community that the work of teachers is not as demanding as that of many other professions. This perception comes from a lack of understanding from the true nature of the work teachers undertake. Teachers see this as a lack of support and under-valuing of the work that they do.

91 Continual changes to both the statutory requirements for teaching the syllabus changes for the framework of teaching without adequate consultation does not always recognise the need for teachers as professionals to be actively engaged in the process of change. A result of this low esteem for teachers is, firstly, that less graduates choose to join the teaching profession.

92 Dr Benjamin said:

Today, a teacher in a Catholic school must be able to:

a) be a positive role model for students in the contemporary Catholic Church and broader community;

b) relate well with an increasingly complex cohort of students, including:

c) [nurture] their students in faith, life and practice, culturally, socially and academically;

d) [teach] students from a diverse range of backgrounds and with

e) [respond] to the complex pastoral care needs of students as they arise;

f) [recognise] teaching as a profession and therefore undertaking, both during working hours and after working hours, regular professional development;

g) be aware of, and comply with, legislation that impacts on the classroom;

h) adapt to changing syllabuses;

i) accommodate changes in the relationship between school education and j) the workforce through changes to vocational education;

k) participate in co-curricular and extra-curricular activities;

l) respond to the increased accountability placed upon them as a consequence of whole school reporting and individual teacher appraisal;

m) respond to parental expectations; and

n) adapt to changing information and communication technologies.

93 Professor Stephan Dinham, Professor of Teacher Education, University of New England, spoke in detail of teacher stress and dissatisfaction:

In preparing this statement, I have specifically drawn on a selection of my published research and, more broadly, drawn upon my academic, research and teaching experience with student teachers, teachers and Principals in various areas of New South Wales and embracing teachers from Catholic and government schools, as well as independent schools.

At Annexure 2 there is attached a paper "Teachers Under Stress" published in 1993. The paper is drawn from a study undertaken to explore the human and personal side to teacher resignation. In the particular study, 57 teachers and educational administrators who had resigned from the NSW Department of School Education were investigated as to their reflections on their teaching career and the circumstances leading to their eventual resignation. The study concludes as follows:

It was found that in the educational system under study little was being done to prevent teacher resignation or alleviate teacher stress, a significant contributing factor to resignation, and that change in that system since the late 1980s had put increased pressure on those within it. This situation had been exacerbated by societal criticism of teachers and education coupled with increased expectations and responsibilities for schools.

The study confirmed various factors identified by the relevant literature on teacher stress, including that lack of control was an important aspect of stress experienced by the teachers in this study; that stress had accumulated for these teachers beyond the point at which the literature suggests a degree of stress is a component of good performance; that factors such as role conflict or ambiguity, work overload, inadequate compensation, inter-personal conflict, and increased administrative responsibilities were all significantly present; that pupils’ failure to behave and work was a significant source of stress for less experienced teachers. A further source of stress not generally recognised by the literature which the study revealed was the issue of change and adjustment to change. The study found "what was resoundingly confirmed was the reality of teacher stress and, in some cases, burnout, for those interviewed in the study"

While this was a very focussed sample of teachers from the Department of Education, my subsequent research is consistent with the general findings of this study and, in my experience, the factors involved would be true of many schools and teachers operating in a system and resource environment similar to departmental schools, ie Catholic systemic schools.

In the period 1993 to 1995, I continued research into factors affecting teacher satisfaction, also focussing upon the impact that pressures on teachers and schools had on teachers’ families. Attached as Annexure 3 is my published report on "Teaching and Teachers’ Families" (1997) and at Annexure 4 a report analysing the two studies already annexed.

In Annexure 4 "Time to focus on teacher satisfaction" I report the very high degree of consensus as to sources of teacher satisfaction, and accomplishment. Most prominent was pupil achievement across the range of student achievement, from mastery of simple tasks or concepts to success in major public examinations; further there is a clear preference for the facilitation of pupil learning, rather than mere instruction or transfer of knowledge. Changed pupil behaviour and attitudes were also significant sources of satisfaction. Teachers appreciate recognition from parents, other teachers or superiors; good relationships with students, parents and other teachers are important, as is the satisfaction that teachers take in the development of their own knowledge and skills.

Sources of teacher dissatisfaction tended to be school and system centred, relating more to administration and extraneous factors, as well as dysfunctions in relationships with superiors and education employers and concern of the standing of teachers in society generally. I detail the problems arising from administrative burdens and from the implementation of changes in policies and procedures and in relation to change the study states:

The Issue of Change

Change was found to be a significant factor contributing to teacher dissatisfaction. If teachers are to be satisfied and retained, then the pace and scope of change needs to be carefully considered by those in positions of authority. Teachers need to understand the reasons for change, to have input to change, to be committed to it, and to be assisted in its implementation. Where change is outside the influence of governments, educational systems or schools, then its impact on teachers and schools needs to be carefully considered and modified or limited if possible. A key aspect of change is communication. In many cases, those interviewed actually agreed with changes occurring within education, but found the manner in which change was implemented to be highly dissatisfying.

The report also identifies concern about the greater impact of social problems upon the school, increasing social demands on schools and teachers, the resulting "over-crowded" curriculum. The report states:

Not only were schools and teachers expected to solve society’s problems while ensuring academic performance increased, but also they were expected to meet the economic and industrial demands of the nation through the production of a trained body of people ready to take their place in the work force and, in turn, to help build a ‘clever country’.

New methods of accountability introduced to measure and ensure performance, plus the over-crowded curriculum mentioned above, had greatly increased the workload and pressure on teachers and schools, detracting from teaching and learning. At the same time, the esteem with which the public, the private sector and government hold teachers appears to have fallen, with some teachers expressing reluctance to reveal their occupation in public for fear of inviting misinformed criticism about teachers’ ‘easy’ conditions.

94 Regional Director, Mr Peter Turner, spoke of the status of teachers:

The status of teachers is an issue of substance. Faced with increased accountabilities and expectations from parents, the profession must respond constantly to media misrepresentation and the critical question of teacher shortage. When placed under pressure, a community turns to its school for support and response. That same community must reciprocate in terms of its teachers.

95 Professor Hough said:

Accompanying these significant changes in working conditions and requirements is the reality that the status of teaching amongst the general community appears to be diminishing.

One noticeable trend has been the unwillingness of many young people to consider teaching as a career as a result of their own observations of what they have seen happening in the classrooms. The overall effect is a perceived and in my opinion actual diminishing of the status of teaching as a profession.

96 The Senate Committee Report, A Class Act, found:

The Committee has been encouraged by the evidence of the deep commitment of teachers, by their passionate concern for young people, and by the many examples of innovative and cooperative teaching practice brought to its attention.

But all is not well in the teaching profession, and it is generally agreed that there is a widespread crisis of morale among teachers. The status of the profession is disturbingly low. Perceptions in the community about the low tertiary entrance requirements for teacher training, and the low status accorded in this country to children, contribute to this state of affairs. As well, the feminisation of the profession - that is the high percentage of women teachers - means that prejudiced views about the value of women's work are also a factor. Few teachers recommended a teaching career to their children or their brightest students. Some are even ashamed to admit being teachers.

97 Furthermore, in Chapter 3 “Status and Professionalism”, the report states:

The NSW government stated clearly in evidence to the Committee that it recognised the link between status and salary. Accordingly, it has introduced a substantial progressive round of salary increases through to the year 2000.

On the first matter - the New South Wales government’s action to raise the status of teachers, particularly working through the public education system - the first thing I will refer to is the salaries agreement of August last year. If you read the documentation, you will see that, for the first time, in a very clear way it linked the status of teachers to a real increase in salary. ... [If] we wished to attract and retain sufficient numbers of high quality graduates, we needed to raise the status of teachers within the community ... therefore ... we needed to show the real value of teachers’ work by increase their salaries in real terms: Transcript of Evidence, Sydney, 29 August 1997, p 75 (Department of School Education, NSW).

98 Professor Hough gave evidence on the teacher shortage:

Another factor supporting a case for increased salaries is the looming teacher shortage. This is already occurring in high demand skill areas e.g. Maths / Science and in less desirable geographic areas (e.g. some country towns). Also, the demographics of the teaching profession mean that many teachers will retire in the next decade.

This general teacher shortage is also occurring at the same time in comparable western economies (eg, the UK and the USA). The historic solution of ‘importing’ or attracting overseas teachers to fill the gaps is therefore unlikely to work in this shortage cycle.

99 Br Canavan said:

In 1999, I wrote in a Media Release (November, 1999) that there were strong signs that a teacher shortage was looming. This is most particularly evident now in the South-West of the Sydney Metropolitan Area and in fact has reached crisis proportions there. In 2003, the teacher shortage in particular subject areas such as Physics, Chemistry, General Science, Mathematics and TAS, is now acute. The Sydney Archdiocese has a range of initiatives in place to try and relieve this situation but a concerted, coordinated effort by all involved in school education must be implemented if we want to offer students the range of subjects taught by qualified and skilled teachers. If the community wants a highly competent and motivated teaching force, we need to act to ensure that teachers’ salaries and conditions are commensurate with the high levels of responsibility and accountability expected of them. The diminishing supply of casual teachers adds to teacher stress as teachers sometimes have to take on additional responsibilities at very short notice ...

And later

Steep attrition rates in the first few years of teaching are a long-standing problem. Across the Western world about one-third of early career teachers leave the profession within the first five years. Recent research from the US suggests 40% - 50% of teachers leave in the first few years. The figures from the Sydney Archdiocese are congruent with the latest American research. The data on teacher attrition rates suggest that efforts to recruit more teachers will not, by themselves, solve the staffing problems facing schools. The solution must also include strategies for teacher retention. Higher salaries would help attract and retain such teachers.

Teacher Workload

100 The 1998 Inquiry into the status of the Teaching Profession - "A Class Act" attributes a range of factors which have contributed to the increased workload of teachers including:-

(a) The overcrowded curriculum;

(b) The introduction of significant changes to the curriculum without adequate consultation or time in which to properly implement them;

(c) The growing number of non-core teaching tasks which teachers are now routinely expected to undertake, many of which stem from schools’ increasing responsibility for functions formerly performed by families and communities and church organisations;

(d) New patterns of school organisation, and especially the move to devolution and a more managerial approach to school governance, have resulted in additional administrative responsibilities for teachers (and especially for school Principals). They attend more meetings and produce and comment upon more documents than ever before;

(e) The increasing requirement for teachers to teach subjects with which they are unfamiliar (especially in the fields of Maths and Science);

(f) The significant growth in vocational educational courses that teachers are increasingly required to teach without adequate background or training;

(g) The increasing trend to include children with disabilities in mainstream classes especially in circumstances where there is an inadequate level of support staff. It is now common for teachers to be called upon to meet the educational needs of children suffering from disabilities including physical disabilities, learning impairments with associated behavioural problems, Aspergers syndrome, as well as children with cognitive language difficulties; and

(h) The growing requirement for teachers to participate in extra curricula activities.

101 A mere increase in workload per se will usually not be sufficient to satisfy the Work Value Change principle. However, as the above description of the workload change demonstrates, the changes have been accomplished by significant changes in the method of work of teachers which do meet the special requirements of that principle.

Status of Teachers

102 The importance of teachers, the teaching process and the education of students requires the community to recognise more strongly the contribution of education to the welfare and well-being of the community and society over the long term.

103 Whilst the community and government are committed to education because they recognise the difference it can make to an individual’s life, these sentiments are not always translated to, or result in recognition of, the teachers providing that education.

104 Teachers have been unable to establish their status as professionals in a manner which would enable them to exercise authority and influence in the way normally associated with a profession. In fact, the status of teachers in Australia is declining.

105 The complexities of contemporary schooling, whether in curriculum, technology, school based management or student welfare, mean that demands on teachers’ skills, time and energy are at an all time high.

106 To attract and retain high quality applicants it is important to enhance the status of the profession.

107 There is a link between remuneration and status but salary is not the only relevant consideration in determining status.

15. Issues affecting Principals and other Leadership Positions

108 Principals and those in leadership positions within a Catholic school community are required to uphold the mission of the Catholic Church and to build the faith community. This derives from the transfer of leadership from religious congregations to lay leadership within the Church. It requires such leaders to have imbued themselves with the spirit and reform of the Church consistent with the Vatican II Council. The importance of Principals in particular, in the renewal of the Church cannot be over stated. In providing education from a Catholic world view, the incorporation of the mission and values of the Church becomes the primary responsibility of the Principal and those in other leadership positions.

109 In addition to this dimension of religious leadership, Principals and those in other leadership positions face particular challenges in addressing the range and complexity of duties required of them, including the following areas:

(a) Provision of leadership in the nature of schooling as the world moves from an industrial economy to a knowledge economy;

(b) Leading a collaborative work environment;

(c) Managing the relationship between the school, the parish and the wider community, including a number of administrative bodies;

(d) Ensuring that the school meets the pastoral and welfare needs of the entire school community;

(e) Implementation of policies, procedures, directives and the frameworks to support them;

(f) Managing employment relations; and

(g) Financial and administrative responsibilities in an era of increasing fiscal restraint.

110 The nature and extent of the demands now faced by all teachers, but particularly by Principals, Assistant Principals and Co-ordinators, who have management responsibility, is amply reflected by the fact that the Adelaide Declaration in 1999 intends that schooling should provide the opportunity for students to:-

(a) fully develop their talents and capacities;

(b) gain a range of specific cognitive skills and knowledge;

(d) develop the capacity to exercise judgement;

(e) gain the knowledge and understandings required for citizenship;

(f) develop appropriate employment related skills and understandings;

(g) be confident, creative and productive users of new technologies;

(h) develop an understanding of the natural environment;

(i) develop the knowledge, skills and attitudes necessary to maintain a healthy lifestyle; and

(j) attain high standards of knowledge and skills in a comprehensive and balanced curriculum with particular attention and focus on the attainment of skills in numeracy and literacy, the provision of access to vocational learning programs and access to programs and activities that foster and develop enterprise skills.

Funding

111 The Agreed Statement of Facts referred to the funding of Catholic schools as follows:

Catholic schools rely on government and private income sources for their financial viability. The Commonwealth and State Governments provide approximately 80% of total income for Catholic systemic schools (with the remaining 20% being privately generated). The position of Catholic independent schools in relation to funding varies between and among schools. The structure of funding for Catholic independent schools will further change with the introduction of the Socio-Economic Status (SES) funding mechanism at the Commonwealth level from the commencement of 2004.

Additional Increments

112 The Union's amended application proposed two additional steps or increments in the salary scale. It argued that this was necessary to:

(a) address the particular difficulty which is the exodus of teachers from the profession when they hit the top increment after 10 years teaching; and

(b) recognise (at least to some extent) the fact that teachers continue to develop professionally via the acquisition of more skills and knowledge and via growth in their capacity to exercise sound judgment in the years beyond when they hit the tops of the existing salary scale, and that growth and development is suggestive of a higher work value that should be recognised.

113 The supplementary Agreed Statement of Facts stated:

1. The majority of teachers employed in Catholic schools are Four or Five Year Trained, rather than Three Year Trained. In the largest diocese, the Archdiocese of Sydney, over 85% of teachers are Four or Five Year Trained. In other dioceses the proportion of Four or Five Year Trained teachers is similar.

2. Four Years Trained teachers commence on Step 5 of the incremental salary scale and progress after eight years full-time service, or equivalent, to Step 13.

3. Five Year Trained teachers commence on Step 6 of the incremental salary scale and progress, after seven years full-time service or equivalent, to Step 13.

4. Three Year Trained teachers commence on Step 3 of the incremental scale and progress, after ten years full-time service or equivalent, to step 13.

5. Approximately 57.5% of teachers employed in NSW/ACT Catholic systemic schools are on Step 13 (or classified as Senior Teacher 1, ST1). Set out below is a table showing the distribution of teachers on the incremental salary scale:

Teacher Classification

Percentage of Teachers

Step 1

0.1

Step 2

0.0

Step 3

1.0

Step 4

0.8

Step 5

4.4

Step 6

4.9

Step 7

4.9

Step 8

4.8

Step 9

5.9

Step 10

4.2

Step 11

4.4

Step 12

7.2

Step 13

50.9

Assistant Principals holding ST1 classification and Education Officers holding ST1.

6.6

6. Of teachers employed in Catholic schools in NSW, 33.3% have been employed for more than twenty years as a teacher: (see p85, Catholic Education Commission, NSW Catholic Schools in New South Wales Statistics 2002, Annexure A to Ex 23, Statement of Richard Shearman).

7. In 1992 the comparable figure for teachers with over 20 years teaching experience was 20.1% for primary teachers and 21.5% for secondary teachers ( see p86, Annexure A to Ex 23).

8. In the case of Four Year trained teachers, such teachers with more then twenty years experience would have spent at least twelve years on Step 13.

114 The Union argued that "teachers continue to develop and improve their skills after 10 years, and that the failure of the current salary structure to reflect that reality is a significant element in the raised attrition rate at about the 10 year mark." The Union relied in particular, on the evidence of Professor Dinham.

115 The respondent's primary position was that a common percentage should apply across the salary scale. However, if the Commission was minded to award a higher amount at the top of the scale, the respondent's preference was that it be dealt with in one step, rather than two. Further, the respondent argued that the evidence particularly that of Ms Hutchens warranted a higher percentage increase for Co-ordinators, Assistant Principals and Principals.

116 The respondent proposed the following "one off" increases (in addition to any general increase) for the following classifications:

Co-ordinators 3%

Assistant Principals 4%

Primary Principals (Kindergarten to Year six) 5%

Central School Principals (Kindergarten to Year ten) 6%

Secondary Principals (Year 7 on) 7.5%

It proposed these increases be in two equal instalments from 1 January 2004 and 1 January 2005.

117 The respondent suggested that parity with the teaching scale would be achieved if a 'one off' increase of 3% was awarded to Head Teachers in Government schools. There was no existing parity in rates paid to Assistant Principals and Principals in Catholic schools to equivalent positions in Government schools.

CONCLUSION

118 The evidence in this matter (as described above) compels, in our view, the conclusion advocated by the parties to these proceedings that the changes in the nature of the work, skills and responsibilities of the teaching profession in the Catholic School sector since 1990 have been far reaching and profound. It follows that we are satisfied that those changes demonstrate a significant net addition to the work value of teachers under the 'work value change' principle. We consider that the nature and extent of the work value changes demonstrated in this matter also support our earlier finding of a special case.

119 The main area of disagreement between the parties was the quantum of any increase to be awarded by the Commission in this case. The Union's claim was for a 25 per cent increase. The respondent agreed that an increase was warranted, but declined to nominate an amount. The parties agreed, however, that the nexus between the rates of pay of teachers in the Government and Catholic school sectors should be maintained at this time.

120 The Agreed Statement of Facts recognised this agreement in this way:

In light of our commitment to parity with the government sector, the salaries payable to Catholic school teachers are the same as for government school teachers. Except for the head teacher in the government sector and Co-ordinator 2, there are no relationships between promotions positions in the government sector and Catholic schools.

121 Both parties agreed that Catholic school teacher salary increases since the 1990 special case were based on factors which did not result in a double-counting with the work value and special case considerations raised in these proceedings. In the absence of any contrary position being stated by the parties (or contrary evidence being advanced in these proceedings), we accept the agreed position in this regard. Accordingly, we will not discount any adjustment in rates of pay awarded in this decision by any other salary adjustments awarded or agreed since 1990.

122 We note that we have had the benefit of reading the decision of the Full Bench in Re Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award [2004] NSWIRComm 114 (the "Government Schools Case") before delivering our decision in this case. We are aware, therefore, that the concurrent proceedings in the Government school sector did not proceed on the same consensual basis as did the proceedings before us and that the issue of discounting for earlier awards and agreements was squarely raised by the respondents to those proceedings.

123 Indeed, as a result of the case brought by the respondents in the Government Schools Case, the Full Bench made moderate reductions in the increase in rates of pay awarded to teachers under the basic incremental scale. This outcome creates a tension, therefore, between the position of the parties in this matter (that no discount is warranted) and the strongly put contention that we should have regard to the ultimate conclusions of the Full Bench in the Government Schools Case.

124 On balance, and not without some reservations (because of the absence of discounting factors being demonstrated here), we have determined to apply the same adjustments in rates of pay as awarded in the Government Schools Case. We do so for three reasons:

1. It is apparent from the case put to us that the parties wished to maintain a nexus between the salary adjustments for teachers in the government and Catholic school sectors;

2. There are similar work value considerations arising in both cases;

3. The pattern of wage adjustments between government school and Catholic teachers since 1990 has been very similar.

125 In coming to this conclusion we would wish to emphasise that we express no criticism of the cases presented by the parties in this matter who, we consider, conscientiously presented a successful case demonstrating the great changes which the teaching profession of this State have grappled with since the datum point and the overall improvement in education in the Catholic sector created by those persons.

126 Accordingly, we have decided to provide for a further increase in salary rates for Principals, Teachers and Advisers in the Catholic schools of 6.5 per cent. That increase shall be applied as follows:

(i) A 3 per cent increase in salaries beginning from the first pay period to commence on or after 1 July 2004;

(ii) A further 3.5 per cent salary increase beginning from the first pay period to commence on or after 1 January 2005; and

(iii.) Salary related allowances shall be increased by amounts corresponding with the percentage adjustments in salaries (including the interim increase) and operative dates for the same.

127 These adjustments shall be incorporated in new Awards to be made by the Commission to be known as: Teachers (Catholic Independent Schools) (State) Award 2004; Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2004; Teachers (Country and Regional Dioceses) (State) Award 2004; Principals (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2004; Principals (Country and Regional Dioceses) (State) Award 2004; Advisers (Archdioceses of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2004 and Advisers (Dioceses of Maitland - Newcastle) (State) Award 2004. Those awards shall commence on and from 1 January 2004 and shall have a nominal term of two years, expiring on 31 December 2005.

Additional Increments

128 The Union has proposed two additional increments in the teachers' salary scale. It argued that the additional increments were necessary in order to:

(a) address the particular difficulty which is the exodus of teachers from the profession when they hit the top increment after 10 years teaching; and

129 The respondent argued that a common percentage be awarded for all steps in the teaching scale with a higher percentage increase for Co-ordinators, Assistant Principals and Principals. In the alternative, the respondent put that, if the Commission was minded to expand the teacher salary scale, it should only do so by one additional increment.

130 We recognise that there is no direct nexus between the Government and Catholic School sectors in the existing promotional levels. This has arisen from different approaches which have developed historically. For example, the Catholic school sector has adopted an additional annual allowance as a means of remunerating the senior promotional positions.

131 We refer to the proposal advanced by the respondent in paragraph 116 of this decision. As far as is possible we do not intend to exacerbate the existing differential approaches in the two sectors.

132 We have decided, on balance, to adopt the conclusions in the Government Schools Case in relation to the claim concerning the incremental salary scale and to refuse this aspect of the application. This may, however, be a matter which the union will pursue after the expiry of the awards made in consequence of this decision.

133 We have also decided to vary the rates of pay in the promotional positions, as sought by the respondent. We consider that the case presented by the parties for those adjustments to be overwhelming and amply supportable as a special case.

Directions

134 We direct the applicant to file within 21 days draft awards to reflect our decision in this matter. The terms of the new awards shall be settled by Sams DP in proceedings before his Honour at 2 pm, Friday 9 July 2004.

Annexure A

1) Elizabeth Alderton (Assistant Religious Education Co-ordinator, Hurstville Campus of Bethany College)

2) Bernadette Baker (Teacher appointed as Co-ordinator 2, St John Vianney's School, Fairy Meadow)

3) Caroline Benedet (Parent Community Educator, Catholic Education Office, Inner Western Region)

4) Dr Anne Benjamin (Executive Director of Schools, Diocese of Parramatta

5) Brother Kelvin Canavan(Executive Director of Schools, Archdiocese of Sydney)

6) Brian Croke (Executive Director of the Catholic Education Commission New South Wales)

7) James Anthony D'Arbon (an international teaching congregation of the Catholic Church, Marist Brothers)

8) Professor Stephen Dinham (Professor of Teacher Education, Pedagogy and Professional Development, School of Education, University of New England).

9) Robyn Ewing (Associate Professor, Faculty of Education and Social work - University of Sydney)

10) Katherine Gee (Assistant Principal, Sacred Heart Catholic Primary School, Mona Vale)

11) Sean Grace (Principal, St Joseph's Primary School, Moorebank)

12) Mark Gronow (Director of Studies, St Augustine's College, Brookvale)

13) Larry Grumley (English Co-ordinator, Catherine McAuley High School, Westmead)

14) Stephanie Hutchens (English Co-ordinator, St. Francis Xavier's College, Hamilton)

15) Michael John Hough (Professor of Management and Professor of Educational Leadership, Graduate School of Business and Professional Education, University of Wollongong)

16) Glynis Catherine Jones (Education consultant - New South Wales Independent Education Union)

17) George Kelen (Science Co-ordinator, St Ursula's College)

18) Elizabeth Latham (Principal of St Joseph's Primary School, Merriwa)

19) Patrick John Lee (Deputy General Secretary, New South Wales Independent Education Union)

20) Paul Menday (Principal, Bede Polding College, South Windsor)

21) David McRae (Educational Consultant)

22) Sister Mary Ellen O'Donoghue (Principal, Mount St Joseph's, Milperra)

23) David Parnell (Special Education Support Teacher, Casimir Catholic College)

24) Lynne Prisk (Assistant Principal, McCarthy Catholic College, Tamworth)

25) Lyn Renno (Creative Arts Co-ordinator, Griffith Catholic High School)

26) Geoffrey Paul Riordan (Associate Professor, Director Teaching Education, University of Technology Sydney)

27) Brian Thomas Roberts (Principal, Christian Brothers' High School, Lewisham)

28) John Ross (Learning Technology Co-ordinator, Gilroy College, Castle Hill)

29) Bernard Ryan (Classroom teacher, St Francis Xavier's Primary School, Arncliffe)

30) Richard Francis Shearman (General Secretary, New South Wales Independent Education Union)

31) Kim Stutchbury (Teacher of Design and Technology, Wollongong Catholic Education Office, St Joseph's Catholic High School, Albion Park)

32) David Towson (Teacher, Marist College, North Shore).

33) Peter Michael Turner (Regional Director of Schools, Southern Region, Archdiocese of Sydney)

34) Greg Whitby (Director of Catholic Schools, Wollongong)

34) William John Walsh (Director of School Resources)

LAST UPDATED: 10/06/2004

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