Internal briefing note sinks TAFE Queensland’s case to keep teacher on temporary deal

A damning internal briefing note revealed TAFE Queensland’s real reasons for keeping a teacher on a temporary deal, and sank their case in the Industrial Relations Commission.

An internal briefing note revealed TAFE Queensland did not offer a temporary teacher a permanent position because she had taken a “significant break” during her career, and they were concerned their reputation could take a hit if the decision was challenged.

The reason given to the English Language and Migrant Education teacher involved was that TAFE Queensland was not sure it would have its Federal Government contract renewed for the Adult Migrant English Program – which the teacher was involved in.

Thusitha Basnayake is a part-time tutor and teacher in Brisbane, with more than five years’ service. She took her case to the Queensland Industrial Relations Commission upon failing to be converted to a permanent position.

The QIRC ruled in favour of Ms Basnayake and found it had “no confidence” in the explanation offered to her by TAFE Queensland.

TAFE Queensland's campus in South Brisbane. Credit: Google Maps.

In April this year, Ms Basnayake’s employment was reviewed, but in June she was advised by letter that she would not be permanently appointed, due to concerns about the Adult Migrant English Program.

“TAFE Queensland currently holds the contract for the delivery of AMEP,” the letter said.

“While it is anticipated that the tender process for a new contract will commence later this year, it is unknown whether TAFE Queensland will be successful in securing it.

“Further, it is expected that the terms of the new contract will differ from the current contract terms, which may affect method of delivery.”

Ms Basnayake argued her temporary status had been extended 10 times, while other TAFE employees in similar roles had been offered permanency.

The crucial piece of evidence was a briefing note from TAFE’s People and Culture team, dated June 2022.

“Ms Basnayake … had a significant break in service prior to returning as a tutor in 2017. Consequently the business area do not support conversion to permanent,” the note said.

“If approved for conversion there will be an increase to permanent full-time equivalent employees across TAFE Queensland Brisbane region which may result in the region being over the current budget.

“Should TAFE Queensland Brisbane decisions be overturned in the QIRC with regards to converting casual and/or temporary employees to permanent, this could potentially lead to an unfavourable impact on the reputation of TAFE Queensland.”

QIRC Deputy President John Merrell ruled TAFE Queensland’s decision was “not fair and reasonable”.

“I am not confident, based upon the briefing note, that that issue (TAFE securing a new AMEP contract) was indeed the reason for not offering to convert Ms Basnayake’s fixed term temporary employment to permanent employment,” he concluded.

“The reasons referred to in (the briefing note) are directly at odds with the reasons given in the decision.

“On the material placed before me, I have no confidence that the matters specified in the decision … are the real reasons for the decision.”

TAFE Queensland has been ordered to conduct a fresh review of Ms Basnayake’s temporary employment status within 28 days.