URGENT COMMUNICATION – PLEASE DISTRIBUTE TO ALL MEMBERS & NON MEMBERS

On the 19 April 2010, following the issuing of the Union’s directive to its members – directed at implementing a moratorium on the activities relating to the administration and implementation of the NAPLAN test, based on the evident abuse and misuse of the NAPLAN data in constructing misleading league tables on the MySchool website, which in turn have unfair detrimental and disadvantageous consequences for many schools, school communities and parent population, as well as the teaching profession - the Department of Education applied to the Western Australian Industrial Relations Commission (WAIRC) for a compulsory conference.

The application sought interim (or “temporary”) orders to be issued by the WAIRC, restraining teachers and administrators from engaging in the moratorium, as directed by the Union.

As members would have heard on the mass media, on the 23 April 2010,  the WAIRC issued an order in the following terms:

1. THAT the respondent (i.e. the Union), by its officers, employees and members, which is proposing to engage in industrial action concerning matters the subject of these proceedings, that is the implementation and administration of NAPLAN testing and any associated duties in May 2010, not engage in any such industrial action.\
2. THAT the respondent, by its officers, employees and members, not engage in any further industrial action which is intended to, or may have the effect of, preventing or hindering the implementation and administration of NAPLAN testing in May 2010.
3. THAT the respondent, by its officers and employees immediately take all reasonable steps to inform its members about the terms of this order and the requirement that it be complied with.
4. THAT the applicant or the respondent may, on giving 24 hours notice to the other, apply to the Commission to vary, revoke or otherwise set aside the terms of this order.

More specifically, as prescribed in order #3, it is a requirement that members comply with the terms of the order; which means that members must carry out the necessary duties so as not to ‘hinder’ or ‘prevent  “...the implementation and administration of NAPLAN testing in May 2010...”.

Relevantly, the order remains in place until displaced or replaced by another or a “final” order.

The Union is extremely disappointed with the issuing of such an order and maintains that the interim (temporary) order was issued by the WAIRC out of informal conference proceedings without the Union having an opportunity to submit proper evidence and comprehensive arguments supporting and documenting the serious professional and ethical issues underpinning teachers and administrators’ objections to the current misguided usage of the NAPLAN results by the various governments through ACARA.

On behalf of teachers and administrators and for the protection of schools and their reputations, their students and their parent communities, the SSTUWA will exercise its lawful rights, fully,  to duly challenge the current situation.

Consequently, in an effort to progress this matter expeditiously, the Union will seek to bring the matter back in front of the WAIRC as soon as possible for a full hearing and thereby comprehensively state its case.

Pending the outcome of the full hearing, the Union will at that time issue further communications to the members forthwith; as well as further developments occur.

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