T4062
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Association of Professional Engineers and Scientists, Australia PROFESSIONAL ENGINEERS (PRIVATE INDUSTRY) AWARD
Annual Leave REASONS FOR DECISION This matter concerns an application by The Association of Professional Engineers and Scientists, Australia, Professional Engineers Branch, Tasmania, to vary the Professional Engineers (Private Industry) Award in respect of annual leave provisions. Presently the award contains no provision for a payment in respect of pro rata entitlement to annual leave and the application seeks to rectify that situation. More specifically the application, as amended, seeks to include a new proviso, worded as follows: "Provided that if, after one (1) completed month of service in any twelve (12) monthly period, an employee lawfully leaves such employment or such employment is terminated by the employer through no fault of the employee, the employee shall be paid as follows Twelve point six seven (12.67) hours for each completed month of continuous service. This service is in respect of which leave has not been granted." Such a provision may be regarded as one which commonly applies in awards of this Commission and the employer's representatives at the hearing acknowledged this fact and consequently did not oppose the application. I am satisfied on the evidence that the application is supportable on the basis of: - The need to clarify the meaning of the award and avoids the potential for disputes. - The majority of employers would already be paying for pro rata annual leave under circumstances now described. - The condition is standard. - There are unlikely to be any cost implications for employers. I am also satisfied that to grant the application would be consistent with public interest criteria pursuant to Section 36 of the Act. For all of these reasons the application is granted and the award will be amended in the terms of wording provided in Exhibit P1. Date of Effect This variation shall come into operation with effect from the first full pay period to commence on or after 11 November 1992.
A. Robinson Appearances: Date and place of hearing:
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