The Industrial Magistrate has dismissed a teacher’s claim for alleged breaches of his Agreement and contraventions of the Fair Work Act 2009, finding that he was classified and paid correctly in his employment.

Background

The claimant was a teacher employed by the first respondent school, at which the second respondent was the Principal. The claimant alleged breaches of his Agreement and contraventions of the Fair Work Act 2009, and sought unpaid salary, superannuation, interest, and penalties.

Contentions

The claimant contended that he was paid incorrectly and that on commencement his salary should have been assessed at Step 11 and not Step 7. The claimant contended he had 6.85 years of relevant experience meant he should be classified as a ‘Four Years Trained Teacher’ or ‘Five Years Trained Teacher’ under the Agreement, and that the first respondent was required to progress him to the next step on a certain date, then every 12 months.. The claimant contended that the Agreement should be read with the Award, the national teaching standards and registration framework set by the Australian Institute for Teaching and School Leadership (AITSL Framework).

The respondents contended that the AITSL Framework and Award did not affect the Agreement’s interpretation, and that both respondents complied with starting salary obligations under the Agreement. The respondents contended that the claimant was above the Agreement, and that the claimant’s salary was determined fairly and reasonably, based upon information available at the time. The respondents contended that they increased the claimant’s wage when required, pursuant to the Agreement, and that cl 3.4 expressly excluded the application of any other industrial instrument including the Award that might otherwise apply.

Findings

The Industrial Magistrate found that the claimant had not completed the relevant education and training requirements to be classified as a four or five years trained teacher. The Industrial Magistrate found that this was supported by the National Office of Overseas Skills Recognition’s assessment of the claimant’s overseas qualifications. The Industrial Magistrate found that the Teacher Registration Board of Western Australia had not determined the claimant had the qualifications required. The Industrial Magistrate found that the claimant was a ‘Not otherwise classified’ teacher, meaning the claimant was to commence on Step 1, progressing a step each year of full-time work.

The Industrial Magistrate found that while the second respondent was incorrect in his calculation of the claimant’s experience by 0.81 years, that no salary adjustment was required as this would not have qualified the claimant to receive any more than a Step 3 salary. The Industrial Magistrate found that the claimant was paid more than required under the Agreement; that no liability arose with respect to underpayment; and that it was unnecessary to make an assessment regarding the second respondent’s liability. The Industrial Magistrate dismissed the claim.

The decision can be read here.