Director General, NSW Department of Education and Training v NSW Teachers Federation

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 [2009] NSWIRComm 169 Director General, NSW Department of Education and Training v NSW Teachers Federation [2009] NSWIRComm 147

Mr P Kite SC with Ms M Fraser of counsel (Notifier) for NSW Department of Education and Training LEGAL REPRESENTATIVES:

Mr S Crawshaw SC (Respondent) for NSW Teachers Federation

JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

NOTIFICATION UNDER SECTION 130 BY THE DIRECTOR GENERAL NEW SOUTH WALES DEPARTMENT OF EDUCATION AND TRAINING AND MANAGING DIRECTOR TAFE NEW SOUTH WALES OF A DISPUTE WITH NEW SOUTH WALES TEACHERS FEDERATION RE INDUSTRIAL ACTION

1 On 4 February 2010, on the application of the Director General of the New South Wales Department of Education and Training and Managing Director of TAFE New South Wales ('the Department'), the Commission made dispute orders requiring the New South Wales Teachers Federation, by its officers, employees and members employed by the Managing Director of TAFE, to refrain from taking industrial action in connection with the Federation's opposition to the implementation of the variations to the Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 flowing from the decision of the Full Bench in Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 [2009] NSWIRComm 169. Further that the Federation, its officers, employees and members, were to cease and refrain from authorising, organising, supporting, encouraging or inciting industrial action. What follows are the reasons for the decision to make the orders. 2 On 13 January 2010, the Department notified the existence of an industrial dispute involving industrial action that had occurred and further threatened industrial action by the New South Teachers Federation and its members employed in TAFE. The Commission takes the view that the subject matter of the notification were the same matters that were the subject of proceedings in Matter No IRC 513 of 2008 and that the notification in Matter No IRC 30 of 2010 did not constitute a new or fresh dispute. In the former proceedings conciliation was unsuccessful and a certificate of attempted conciliation had been issued. Arbitration ensued, but the matters that were the subject of the dispute continue to be in dispute, as manifested by the industrial action that has occurred and the further industrial action that is threatened. Industrial action 3 The industrial action and the accompanying campaign appear to be directed to at least three ends: to protest against a decision of the Full Bench of this Commission given on 15 October 2009 in respect of variations made to the Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 ('the Award'): Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 [2009] NSWIRComm 169; to pressure the New South Wales Government to not implement the decision of the Full Bench; and to garner the support of school teachers for the stance taken by the Federation and its TAFE members and to have those teachers join the campaign in 2010. 4 Information about the industrial campaign being conducted by the Federation was contained in an affidavit of Darren John Husdell, Director of Industrial Relations with the Department sworn on 13 January 2010. There was no demur by the Federation from the information contained in the affidavit and the annexures to it. The affidavit and annexures evidenced that: a. numerous newsletters and other forms of communication had been issued by the Federation since 15 October 2009, strongly critical of the Industrial Relations Commission and the decision of the Full Bench; b. the Federation's communications contained statements by senior officials of the Federation that if the Department was successful in implementing the variations made to the Award by the Full Bench the Department 'will seek to undermine the working and learning conditions in schools in the next school's award'; c. the Federation's communications called on the New South Wales Government not to implement the Full Bench decision and to resolve the objections to the Full Bench decision; d. the Federation's communications contained calls or directions for TAFE teachers to stop work for periods of varying duration including statewide industrial action on 9 December 2009. TAFE teachers were directed to stop work for three hours on that day; e. the Federation intended to challenge the Full Bench decision in the Court of Appeal; f. during October and November 2009, industrial action had been taken by TAFE teachers in TAFE colleges at Newcastle, Miller, Liverpool, Meadowbank, Hornsby, Ultimo, Randwick, Belmont, Lidcombe, Granville, Wetherill Park, Ryde, Glendale, Wollongong, Gosford, Ourimbah, Wyong, Kurri Kurri, Petersham, Tamworth, Campbelltown, Northern Beaches and Enmore; g. on 15 December 2009 the Federation issued 'guidelines' for the taking of further industrial action by TAFE teachers in 2010 including that: 1. All members will attend only 30 hours a week (as per current 2009 conditions) and 24 hours in Week 1 (due to Australia Day). 2. All members will teach hours as they have under the current 2009 conditions ie. 19 hours per week and one hour of Professional Development time. Members should avoid overtime where possible. 3. All members shall continue, in consultation with their immediate manager, to determine duties that shall be conducted during related duties time (as per current 2009 conditions). 4. Averaging and accumulation provisions to continue as per current 2009 conditions. h. the Federation's communications contained selective and distorted explanations of the implications of the Full Bench decision. 5 Mr Husdell swore a further affidavit on 3 February 2010, which was tendered in proceedings on 4 February. That affidavit stated that: On 27 January 2010 John Myers, TAFE Teachers Association ('TAFE TA') Regional Councillor Mid North Coast Branch, forwarded an email advice from Linda Simon, Secretary, TAFE TA, instructing members to continue to abide by the email sent out at the end of last year by Mr P Bradley dated 15 December 2009 (referred to above) until further notice. On 1 February 2010 Mr Pierre Massé, Teachers Federation Representative, Ryde TAFE College sent an email notifying the resolution passed at the branch meeting held that morning which was that "All teachers and head teachers will, as directed by email from NSWTF last week, NOT submit a TPD until further advice from NSWTF. Members will keep an accurate diary of hours worked and taught on and off campus". On 2 February 2010 an email sent by Ms Linda Simon, advising that a Special Gemneral Meeting of TAFE TA members has been called for Friday 5 February 2010 between 10am and 3pm. The topic for discussion at this meeting is to be the "…salaries dispute only and will focus on the implications of the Department's new TAFE Award and continuing action". On 2 February 2010 an email was sent to TAFE members of the Federation on behalf of Mr John Irving, General Secretary, NSW Teachers Federation advising that discussions between the Federation and the Department had ended and that "…wherever possible, members should continue to delay completion of attendance programs (ECs/TPD) as previously advised by the Federation." 6 Additionally, the evidence indicated that on 3 February 2010 Mr John Dixon, Acting General Secretary, was signatory to an email to TAFE members in the following terms: Dear Colleagues, Tonight the Teachers Federation Executive carried the following: Given the lack of progress in the TAFE dispute, including the failure of the government to honour the undertaking given by the Premier at a meeting at Unions NSW on 18 December 2009 for her office to continue discussions with the Federation on the dispute, Executive determines to call a 24 hour stoppage of all TAFE members on Thursday 11 February 2010. Members are advised that a major rally will be held in Sydney Town Hall at 11.00 am on the day of the strike. It is essential that all TAFE members attend as members will vote on further action. 7 It is apparent from the evidence in the proceedings, not challenged by the Federation that: a. the Federation has engaged in and intends to engage in further industrial action in connection with its opposition to the implementation of the variations to the Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 flowing from the decision of the Full Bench in Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 [2009] NSWIRComm 169; and b. the Federation has authorised, organised, supported, encouraged or incited industrial action in connection with the Federation's opposition to the implementation of the variations to the Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 flowing from the decision of the Full Bench in Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 [2009] NSWIRComm 169. 8 The evidence indicates, in particular, that the Federation has imposed work bans by continuing 'to delay completion of attendance programs (ECs/TPD)' and the Federation has authorised a 24 hour stoppage of work by members employed by the Department on 11 February 2010. In my opinion, there is every reason to believe that the campaign of industrial action by the Federation will continue in the absence of the making of dispute orders. Proceedings in the Commission

9 The dispute came again before the Commission on 14 January 2010. On that occasion, the Commission was advised by the Federation that the Department had indicated to all TAFE staff on 23 December 2009 that in response to concerns raised by teachers regarding the Full Bench decision, it would not implement aspects of the decision (attendance time, cap on teaching hours, extended leave). However, it was also indicated that the Department would implement that part of the decision requiring an increase in direct teaching hours. The Department's concessions did not meet the Federation's demands not to implement the Full Bench decision at all. 10 In the proceedings, the Commission indicated that it would countenance assisting the parties to resolve the dispute if the threat of industrial action was withdrawn. The Federation was given until 4.00 pm Monday, 18 January 2010 to advise the Department whether it was prepared to withdraw the threat and that the Commission would sit the following day, 19 January, to hear the Federation's position. 11 On 19 January, the Commission was advised by senior counsel for the Federation that: … The Federation is prepared to discuss with the Department… matters relating to TAFE. The Federation noted that no industrial action has been authorised. The Federation has no intention of authorising any industrial action while discussions take place. The Federation will advise its members of this. … 12 In the result, after further discussion by the Commission with the parties, the Federation gave the following undertaking, which was accepted by the Commission: The Federation will take action to prevent industrial action occurring at TAFE colleges until it has reported back to the Commission about discussions with TAFE. This action will include: (1) the Federation's officers will not authorise any industrial action at TAFE colleges while discussions are taking place between TAFE and the Federation; (2) the Federation's officers will put a notice on the Federation's website that while discussions are taking place between TAFE and the Federation no industrial action is authorised by the Federation at TAFE colleges and that the guidelines and any suggestion of industrial action in the email of 15 December 2009 are suspended. 13 On 2 February, the Commission was advised by the Federation that discussions held between the parties 'did not satisfactorily resolve the issues' and that 'the Federation believes no useful purpose will be served by continuing these discussions.' On 3 February, in light of the Federation's communication the previous day, the Commission was requested by the Crown Solicitor's Office, acting for the Department, to list the matter 'as soon as possible'. 14 On 3 February, in proceedings before the Commission senior counsel confirmed what was said in the Federation's communication of 2 February. However, senior counsel raised the prospect of conciliation by a Member of the Commission. Senior counsel for the Department submitted that in his client's view there was no scope for conciliation and the Department's application for dispute orders should be listed for hearing given that industrial action in the form of work bans by teachers was occurring and that a stop work meeting had been called by the Federation for Friday, 5 February. 15 In my opinion, given the position of the parties, there would be no utility in further conciliation. The Federation's position expressed most strongly in its communication to members is that it opposes the implementation of the Full Bench decision of 15 October 2009 and has set its face against observing the terms of the award variations arising from that decision. Despite having provided to them the opportunity for discussions about terms for resolving the dispute the parties have been unable to do so. In my view it would not be a proper use of the conciliation processes under the Act and would be against the public interest for a Member of the Commission to engage in conciliation where one party is seeking an outcome entirely inconsistent with a recent Full Bench decision and the terms of a current Award and the other party has indicated it may be prepared to concede that aspects of the decision and the award variations would not be implemented. The proper course, and one I commend to the parties, is for an application to be made under s 17 of the Act. 16 Accordingly, on 4 February 2010, the Commission heard the parties on the question of dispute orders. Full Bench decision 17 The Full Bench decision of 15 October 2009 dealt with an application by the Department to vary the Award to, amongst other matters, increase attendance hours and direct teaching hours for TAFE teachers and introduce an annualised system of hours. These were the further reform measures identified by the Department to fund the salary increase above 2.5 per cent. Prior to the hearing that led to the Full Bench decision, on 1 September 2009 the Department advised the Commission that the Federation planned industrial action for 2 September 2009. The industrial action had been planned by the Federation in opposition to the Department's application. The Full Bench made certain orders restraining industrial action pursuant to s 137(1)(a) of the Industrial Relations Act 1996: Director General, NSW Department of Education and Training v NSW Teachers Federation [2009] NSWIRComm 147. 18 The Full Bench decision of 15 October 2009 varied the Award in accordance with the less preferred position (Schedule B to the application) contended for by the Department and not the Department's preferred position (Schedule A). Nevertheless, Schedule B involved increased attendance hours and direct teaching hours (albeit to a lesser extent than Schedule A) and the introduction of an annualised system of hours. The variations were ordered to take effect as of the commencement of the first TAFE term in 2010. 19 The Full Bench decision was immediately condemned by the Federation and the industrial action referred to in Mr Husdell's affidavits occurred. On 26 October 2009, the notifier commenced proceedings in Matter No IRC 1679 of 2009 alleging breaches of earlier orders made by the Commission on 1 September 2009. Those proceedings have not yet finalised, but the orders made on 1 September expired on 30 November 2009. As earlier indicated, the Department now seeks further dispute orders in light of the planned industrial action by the Federation and its members. Industrial action not justifiable 20 The industrial action planned by the Federation is entirely without justification: a. In January 2009, in return for a salary increase of 12 per cent over three years, the Federation agreed that in order to fund the salary increase beyond 2.5 per cent per annum it would commit to identifying and implementing further employee related reform measures and cost savings to improve TAFE operational efficiency and competitiveness in addition to measures already agreed upon. The Federation agreed that direct teaching hours would constitute one of the reform measures to be the subject of negotiations. b. The Federation also agreed, in terms that constituted a consent provision of the Award, that in the event the parties to the negotiations were unable to identify the necessary employee related reform measures and cost savings, or should any dispute arise during the process, the parties acknowledge and commit to take all necessary steps so that the Industrial Relations Commission shall arbitrate on and determine the employee related cost savings necessary to fund the salary increases under the Award. c. The parties to the Award were unable to agree on the necessary employee related reform measures and cost savings. The Commission sought, strenuously, to conciliate an outcome acceptable to the parties rather than have the matter proceed to arbitration. All major public sector wage claims in 2008 and 2009, including public school teachers, and many of which were hotly contested, had been settled through conciliation or using the 'Bluescope' approach. However, conciliation in relation to TAFE teachers was unsuccessful. d. In the absence of agreement the Department sought to exercise its obligation under the Award to have the Commission arbitrate in the absence of agreement. e. Prior to the Department's application being listed for hearing, the Federation initiated industrial action designed to pressure the Government into not proceeding with the arbitration, despite having freely agreed to that process in return for a 12 per cent salary increase. Dispute orders were made that the Federation not engage in industrial action. f. The Full Bench heard evidence and submissions over three days in September 2009. On 15 October 2009, the Full Bench gave its decision in the matter. g. An important consideration of the Full Bench in deciding to vary the Award in terms of Schedule B to the Department's application was that the Federation had committed itself to an arbitration in the event the parties were unable to agree on the necessary employee related reform measures and cost savings to fund the salary increase above 2.5 per cent. That is to say, the Federation agreed that in the absence of the matter being settled by the parties themselves, the Full Bench should determine the necessary employee related reform measures and cost savings. That is what the Full Bench did. h. Schedule B involved the following variations to the Award: i. that TAFE teachers engage in direct teaching for an additional 36 hours in 2010 and 2011, In the case of new teachers their direct teaching hours would be reduced by half of the requisite professional development time. For other teachers there would be no reduction. ii. that the averaging cap of 24 hours be removed. iii. that TAFE teachers be required to attend at work for 35 hours per week (presently 30) and that the additional five hours be devoted to related duties work. iv. that there be a reduction in professional development time to 20 hours per annum for related employees. v. that presently, where a teacher takes extended leave that spans student vacation periods, that leave is, in effect, extended by the period of the student vacation without the student vacation being debited against extended leave entitlements. The variation removed the benefit by deeming any student vacation within a period of extended leave to form part of the extended leave. i. The savings to be achieved by these reform measures was $49.853m, some $5.267m short of the increased cost of salaries. j. In its decision, the Full Bench made a number of relevant observations and findings that appear to have been overlooked in the Federation's attempt to garner support for its industrial campaign: · NSW TAFE teachers at the top of the salary scale are currently the highest paid TAFE teachers in Australia. Prior to the Award variation the current ordinary working hours for a NSW TAFE teacher was 30 hours. Of those 30 hours, the teaching allocation of TAFE teachers was 20 hours per week, with a weekly deduction of 1 hour per week for professional development. There were 36 teaching weeks in each year resulting in 684 hours teaching per annum by a teacher. · Except for the Australian Capital Territory, NSW TAFE teachers had the least number of ordinary weekly working hours than in any other State and the least number of teaching weeks in a year. The number of ordinary weekly working hours in other States varied from 35 to 38. The number of teaching weeks in other States varied from 39 to 42. · The Federation sought to rely on the proposition that because it had withdrawn a claim for a death and invalidity benefit to be paid to TAFE teachers, the withdrawal of that claim should be regarded as a cost saving to the value of $14.86m. The Full Bench took the view that it would lead to an absurdity if an organisation could make a claim, regardless of its merit, and then by discontinuing the claim contend that thereby the employer had achieved a saving by virtue of the organisation not proceeding to have the claim determined. · Under the terms of the Award the objective was to find employee related reform measures and cost savings to improve TAFE operational efficiency and competitiveness in order to fund the salary increases provided in the Award. The Full Bench found that TAFE operated in a highly competitive environment and was in competition with both interstate TAFE Institutes and private RTOs for the training and vocational education dollar. It was accepted by the Full Bench that TAFE NSW's ability to offer quality educational services that were cost effective was essential to its ongoing viability. · The Federation had submitted that when assessing the cost of the salary increases the Commission must have regard to the fact that TAFE obtains approximately 22 per cent of its revenue from commercial sources. Accordingly, it was submitted the cost of the salary increases should be reduced by 22 per cent. The Full Bench found that the parties' agreement to identify cost savings for the purpose of funding the salary increase did not involve a retrospective search for savings that had already been achieved by TAFE prior to the agreement to identify further cost savings. Further, the Full Bench stated that by discounting the costs needed to be saved on the grounds that 22 per cent of TAFE's revenue was derived from commercial/contestable sources, it would likely have the effect of reducing TAFE's ability to be as competitive as it otherwise might be if there were no discounting. That is to say, if TAFE was rendered less competitive it would hinder its capacity to continue to expand and to increase its workforce of teachers and related staff. Further still, the evidence indicated that the revenue derived from commercial services by TAFE was used to subsidise the services it provided for the neediest people in the community. It did not seem to the Full Bench, in those circumstances, to be in the public interest to hinder TAFE's competitiveness by removing commercial gained revenue from the equation. · The Full Bench did not see as a legitimate objective of an increase in teaching hours, the reduction in the number of permanent and/or temporary teachers. 21 In relation to the challenge by the Federation to the jurisdiction of the Full Bench in the Court of Appeal it is understood the challenge was dismissed. 22 The Federation has made a number of specific criticisms of the Full Bench decision. Most of the criticisms contain a distortion of the actual position. It was suggested, for example, that the Full Bench valued each additional hour of teacher time at less that $3. The Full Bench found that NSW TAFE teachers at the top of the salary scale are currently the highest paid TAFE teachers in Australia. The total annual hours for a TAFE teacher is 1435. The annual salary for a top of the scale teacher from 1 January 2010 is $81,656, making an hourly rate of $56.90.

23 It was further contended by the Federation that teachers will be directed by managers 'as what to do in their duties relating to teaching time'. The Award requires that all teachers will have an 'approved program' that meets the particular Institute's needs and that managers will determine, in consultation with teachers, the duties related to teaching that form part of that program. Any dispute in relation to such matters will be dealt with in accordance with the dispute resolution procedure in the Award. 24 The Federation committed itself to a certain course that involved arbitration in the event conciliation failed. It committed itself to finding employee related cost savings to fund a significant salary increase and in doing so acknowledged that one of the Department's objectives was an increase in direct teaching hours if other savings could not be identified. The Federation did not identify appropriate reforms that would deliver the cost savings it accepted were necessary. In accordance with the process that had been agreed, the matter proceeded to arbitration before a Full Bench. The Federation presented its evidence and submissions using senior and junior counsel and there is no question it was given every opportunity to make out its case. 25 Notwithstanding that the Federation, for many years, has relied on this Commission to deliver wage justice for its members, and there can be no doubt it has been successful in that regard, on this occasion the Federation has decided it does not like the outcome. In what is a dishonest campaign, the Federation has pressured the Government not to implement the Full Bench's decision under threat of industrial action. That pressure appears to have been successful, at least in part, as the Department had indicated to TAFE teachers it was prepared, unilaterally, to postpone implementation of aspects of the award variations. How the Department believes it is open to simply ignore the terms of the Award it so strongly contended for is not apparent, but in any event its concessions have not been enough for the Federation. 26 Resort by the Commission to the making of dispute orders is a rare occurrence in this jurisdiction. In the great majority of cases, the processes of conciliation and arbitration that are available to the parties resolve the dispute. On this occasion, the Federation has chosen to thumb its nose at those processes, leaving the Commission with no choice but to make dispute orders. 27 I would recommend to the Federation that it pause to consider the path it is on and the damage that may ensue to its standing as an industrial organisation registered under the Industrial Relations Act as well as the disruption that will be caused to students and others by its unmeritorious conduct. Orders sought 28 The orders sought by the Department were too broad in their scope. They sought to restrain the Federation by its officers, employees and members from engaging in industrial action for a period of six months. Similarly, the orders sought to restrain the Federation by its officers, employees and members from authorising, organising, supporting, encouraging or inciting industrial action for a period of six months. 29 The industrial action that has been threatened involves only TAFE members of the Federation and not the broader membership. Further, the industrial action is only in connection with the Federation's opposition to the Full Bench decision and the TAFE award variations that flowed from that decision. Whilst there was evidence that the Federation's campaign is designed to garner the support of school teachers for its stance and to have those teachers join the campaign in 2010, there is no sign that will occur and, therefore, no warrant exists for making orders in the wide terms sought by the Department. If those circumstances change then the appropriate application could be made. 30 The order that the Federation by its officers, employees and members cease and refrain from authorising, organising, supporting, encouraging or inciting industrial action is reasonably incidental or ancillary to the principal order, although I am of the view that the period of restraint should be three months and not six months.

31 The Commission confirms the orders made in this matter on 4 February 2010 as follows: A. Pursuant to s 136(1)(c) and s 137(1)(a) of the Industrial Relations Act 1996 the Commission makes the following orders: 1. The NSW Teachers Federation by its officers, employees and members employed by the Managing Director of TAFE are hereby ordered to refrain from taking industrial action in connection with the Federation's opposition to the implementation of the variations to the Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 flowing from the decision of the Full Bench in Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 [2009] NSWIRComm 169. 2. The NSW Teachers Federation, its officers, employees and members employed by the Managing Director of TAFE are hereby ordered to cease and refrain from authorising, organising, supporting, encouraging or inciting industrial action, for a period of three months in connection with the Federation's opposition to the implementation of the variations to the Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 flowing from the decision of the Full Bench in Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 [2009] NSWIRComm 169.

B. Pursuant to s 136(1)(a) of the Industrial Relations Act 1996, the Commission makes the following directions: 1. The NSW Teachers Federation and its officers are hereby directed to take all reasonable steps to ensure that the employees and the members of the NSW Teachers Federation comply with orders A1 and A2, including notifying its members of the said orders by posting the Orders in a prominent position on its website no later than 4 February 2010. 2. Service of orders A1 and A2 and direction B1 may be effected by sending a facsimile copy to the NSW Teachers Federation or by handing a copy of these orders and directions to an officer or employee of the NSW Teachers Federation by 5.00 pm on 4 February 2010. C. Pursuant to s 136(1)(a) of the Industrial Relations Act 1996, the Commission makes the following direction: 1. These orders and directions shall take effect from 4.00 pm on 4 February 2010 and shall remain in force for three months unless, on formal application, they are varied or rescinded in the meantime. ___________________________________________________

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