12
[Extract from Queensland Government Industrial Gazette,
dated 5 January, 2007, Vol. 184, No. 1, pages 1-13]
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
Industrial Relations Act 1999 - s. 230 - action on industrial dispute
Queensland Independent Education Union of Employees (on behalf of Geraldine Moylan) AND Diocesan Catholic Education Office, Rockhampton (D/2005/510)
VICE PRESIDENT LINNANE / 20 December 2006Application for arbitration of a dispute notification - Reclassification of position from Level 3 to Level 4 of Information Services Resource Employee at School sought - Application made pursuant to The Diocesan Catholic Education Employing Authorities in Queensland Certified Agreement - Claim dismissed.
DECISION
[1] This is an application by the Queensland Independent Education Union of Employees (QIEU), on behalf of Geraldine Moylan, seeking the arbitration of a dispute lodged on 13 December 2005. Ms Moylan is employed by the Diocesan Catholic Education Office at Rockhampton (Respondent) and is employed as School Officer (Information Services and Resource Employee) at the St Joseph's Catholic Primary School, North Mackay (School). She has been employed in that position since July 2002. The position which she occupies is classified as a Level 3 in the School Officers' Interim Award - Non-Governmental Schools (Award).
[2] At the outset this arbitration involves a determination of whether the position occupied by Ms Moylan is correctly classified based on the position description accepted and endorsed by the Respondent. It is not for me to vary or amend the employer's position description. It is for the employee to work to the position description that has been approved by the Respondent and provided to the employee. As the QIEU submits, the outcome of this hearing should be a determination of the "appropriate classification level based on the work which is required of the position".
[3] The Diocesan Catholic Education Employing Authorities in Queensland Certified Agreement (Certified Agreement) was certified on 12 January 2004. Clause 2 of Schedule 3 to the Certified Agreement provides for a process whereby employees whose terms and conditions of employment were covered by the Certified Agreement could seek a reclassification of their positions. The relevant provisions of the Certified Agreement are as follows:
"2. RECLASSIFICATION PROCESS FOR SCHOOL OFFICERS
2.1 A school officer may request a reclassification of their position. Such a request may be made either in relation to the classification level of an existing position or where the classification level of the position has been changed. Except in exceptional circumstances no employee shall be permitted to seek a reclassification of their position on more than one occasion in a 12 month period.
2.2 The employee shall make any such Request for Reclassification, in writing, to the employer.
2.3 The employer shall consider the Request for Reclassification and notify the employee in writing of the decision regarding the employee's request.
2.4 If after receiving the employer's notification, the employee believes that their position has not been classified at the correct level, the employee may apply for a review of that decision. In this case the employee shall make written application for a Review of Classification to the employer.
2.5 Where the employer receives a Review of Classification application, the employer shall advise the Queensland Independent Education Union (QIEU) in writing that an application has been received.
2.6 A joint review of the classification by QIEU and the employer shall then take place. The persons representing QIEU and the employer will, wherever practicable, have substantial experience in the classification of school officers. Further, wherever practicable, the person who made the original decision in relation to the classification will also be involved.
2.7 The joint review will seek to reach a consensus position. The school officer will be advised in writing of the outcome of this review.
2.8 If an agreed outcome cannot be reached between the employer and QIEU then the employee may refer the matter to the Queensland Industrial Relations Commission in the terms of the Grievance Procedure.
2.9 The provisions of this clause 2.2 will be in addition to the provisions of clause 5.1.1 of the Award.".
[4] Following certification of the Certified Agreement, Ms Moylan, in a letter dated 16 September 2004 to the then School Principal sought a reassessment of the classification of her position to a "more appropriate level consistent with the school officer's classification structure". In separate correspondence also dated 16 September 2004 MsMoylan also forwarded to the Principal a position description which she had compiled as she disagreed with the position description that the Principal had supplied to her on the previous day.
[5] On the same day, the then Principal, John Madden, responded to Ms Moylan's correspondence by stating that the "current level three position statement for our school is most suitable for our school's needs. Therefore a reclassification is not necessary".
[6] Sometime thereafter, Ms Moylan sought to have the Respondent's Employee Support Services review her classification level. In correspondence dated 18 March 2005 from Kristina Frazer, the Respondent's then Personnel Manager, Ms Moylan was advised that her position had been reviewed by Employee Support Services and that the classification level would remain at Level 3.
[7] Ms Moylan, in a letter dated 24 March 2005, then sought a review of that decision to a review panel established under Clause 2 of Schedule 3 of the Certified Agreement. That review panel had both employer representation (the Respondent's Personnel Officer, Kristina Frazer, and the Respondent Personnel Manager, Karen Elliott) and QIEU representation (the QIEU Industrial Officer, John Spriggs, and the QIEU delegate at Sacred Heart School, Yeppoon) on it. Ms Moylan provided the review panel with the draft position description that she had compiled in September 2004. The review panel considered the classification of Ms Moylan's position on 11 August 2005.
[8] On 3 November 2005 Leesa Jeffcoat, the Diocesan Director Catholic Education, wrote to Ms Moylan advising that the employer representatives on the review panel held the view that the position was appropriately classified at Level 3 whilst the QIEU representatives held the view that the position should be classified at a higher level. In that correspondence Ms Jeffcoat summarised the review panel's deliberations as follows:
"The Employee indicated that she was required to make decisions regarding the purchase and selection of resources.
DCEO representatives:
Acknowledged that this role required some discretion and judgement and the application of knowledge with depth in some areas in the purchasing of resources for the Library. Purchases are authorised by the Principal or may be signed by the Finance Secretary and are within set guidelines. Recommendations are provided by APC, APRE and teachers who are seeking resources to be purchased. It is acknowledged that the Information Services Employee may make recommendations on books to purchase.
QIEU Representatives:
The position description identifies two of her specific duties as "catalogue books and resources" and "process books and resources through SCIS and modify to enable easy access by teachers and students". The employee confirmed that she was required to perform original cataloguing.
The principal confirmed that the employee was involved in cataloguing.
In relation to the performance of original cataloguing the position description was shown to be less than one hundred percent accurate.
The employee advised that she was regularly required to perform original and or descriptive cataloguing. In relation to the use of SCIS it was apparent that not all resources were contained within the database. Therefore, the employee was required to perform original cataloguing for resources not listed in SCIS.
Further, whilst SCIS may have allocated a particular reference number (and therefore a particular reference within the library) to a specific resource, it was again obvious that the employee used her discretion and judgement to modify the cataloguing number given to a specific resource so that it could be more effectively used.
A "specific duty" listed in the employee's position description is "in consultation with the principal and class room teachers, plan, order, process new and replacement library resources including books, kits, shelving and library equipment". The employee described that she generally makes the decisions in relation to the resources to be purchased for the library.
She submits a requisition form to the principal for his approval. Neither Geraldine Moylan, nor the principal, could recall an occasion where Geraldine had been alerted by the principal.
In addition to the administration of the limited library budget, the employee also had access to funds generated by the P&F and to funds generated as a result of book fair and similar events. However, Geraldine has a key role in co-ordinating the book fairs etc and accounting for the proceeds.
The advice of Geraldine was that she was subject to only general guidance from the principal. The principal was her direct supervisor. The principal did not challenge significant level of autonomy described by the employee.
We are advised that the employee participated in purchasing at least weekly.
The employee prepared a yearly budget and submitted that budget to the principal for approval.
The employee indicated that she applied professional information management knowledge, gained through the successful completion of tertiary qualifications, without any other professional information management input or direction.
The DCEO Representatives acknowledge Geraldine's professional qualifications which she held prior to commencing duties at St. Joseph's School, Mackay. It is not a requirement of the position of Information Services Resource Employee to hold such qualifications and although St. Joseph's benefits from Geraldine's application of this knowledge and skills to the role are not a requirement.
It is acknowledged that although most IS R Employees work alone in the library they are supported by Mark Mitchell, Diocesan Library Coordinator [Information Literacy] who visits each region regularly and holds cluster group meetings [network gatherings]. Part of Mark's role is to provide advice and direction to IS RE where needed. Perhaps because of Geraldine's past experience in libraries, she does not require a significant degree of support. Again though, this Diocesan level of support is provided to all IS RE because it is not a requirement of the role that they hold the knowledge required to establish knowledge management systems.
QIEU Representatives:
This employee holds a degree and a post graduate qualification relevant to a librarian.
The employee was the sole library employee. It was unquestioned that the employee worked independently. Consequently, in our view, it was obvious that the employee had and has a significant level of autonomy.
As the sole employee in the library Geraldine Moylan was required to manage the operations of the library, including the circulation system and the cataloguing of all resources.
Geraldine stressed the importance of her management of the library. She is responsible for prioritising the work which is required. On a daily basis she negotiates to satisfy the (sometimes competing) requirements of library users.
The employee supervises students both individually and in groups. The principal confirmed that the employee's supervision of approximately twenty students during lunch break on the day of the Review Panel interview, without the assistance of a teacher, was indicative of her normal work.
The supervision of volunteers and (on one day each week) the work of other school officers was part of the employee's work. Again this was confirmed by the principal.
Geraldine Moylan regularly attends staff meetings which occur outside her paid hours. This was confirmed by the principal. She provides input at the meetings to assist in the running of the school.
The Employee indicated that she had an understanding of and the ability to apply the accepted international standards in relation to the description and organisation of information resource material eg Dewey Decimal SCIS Subject Heading.
As part of the preparation for these meetings the DCEO Representatives met with the Diocesan Library Coordinator to gain an understanding of the role of IS RE in primary schools through the diocese. Although the DCEO Representatives are aware of Geraldine's depth of knowledge and skills in relation to international standards these are not requirements of the role in primary schools. The diocesan procedures for cataloguing have been established in such a way that all IS R Employees are trained uniformly and there is no requirement for them to neither understand nor apply the tenets of international standards.
The Employee indicated that she:
- had an understanding of resources available online and the issues relating to safe access to the World Wide Web by students
- was able to manage a variety of collections e.g. Junior Fiction, fiction, non-fiction, class sets, class readers, resource boxes, teacher's resources, big books, kits, audio visual materials and equipment, electronic resources, music CD's and tapes and classroom equipment
- had an understanding of the law in relation to copyright as it applies to print media, electronic resources, broadcast material recorded material and the world wide web AND of the law, policies, procedures and responsibilities in relation to Workplace Health Safety
- had the ability to prioritise work on a daily, weekly, monthly, term and annual basis and to be able to adapt those priorities as soon as new and previously unforseen priorities emerge
The DCEO Representatives believe that these skills would be a requirement of the role and fit well within the required competencies:
Some discretion and judgement are involved in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints. AND to apply knowledge with depth in some areas and a broad range of skills AND that there is a range of roles and tasks in a variety of contexts AND that there is some complexity in the extent and choice of actions required.
The Employee indicated that she had an understanding of the importance and an ability to instil a love of reading and books to students in order to successful achieve literacy outcomes AND the ability to support life long learning outcomes by conveying successful strategies for appropriate information location and successful research techniques.
The DCEO Representatives believe that although these qualities ass to the role Geraldine performs in the library they are not her responsibility rather those of the classroom teacher.
The Employee indicated that in consultation she was able to use professional discretion and judgement to establish new initiatives which will encourage student use of the library e.g. student of the week and reading incentive schemes