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Tasmanian Industrial Commission

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T2417, T3611, T3709, T4077, T3690 and T4074 - 3 December

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Education Union,
Tasmanian Branch

(T.2417 of 1990)
(T.3611 of 1991)
(T.3709 of 1992)
(T.4074 of 1992)

and

Minister administering the Tasmanian State Service Act 1984
(T.3690 of 1992)
(T.4074 of 1992)

TECHNICAL AND FURTHER EDUCATION STAFF AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 3 December 1993

Award variation - structural efficiency

FURTHER INTERIM DECISION

My Reasons for Decision in this matter dated 27 August 1993, comprehensively overhauled the Technical and Further Education Staff Award. To give effect to my decision I requested the parties to consult on a draft order to facilitate the implementation of my decision by enabling the appropriate variations to be made to the Technical and Further Education Staff Award.

In the event the parties approached the Commission to give piecemeal effect to my decision, given the range and complexity of matters involved. This approach, it was suggested by the parties, would allow the progressive implementation of my decision with no change to the operative dates already determined. The benefits, it was said, would be that matters resolved between the parties, subject to Commission approval, would not be held up pending the finalisation of the discussions between the parties on all of the matters requiring their attention. The parties were in agreement that rather than varying the existing award that it would be better to give effect to agreed matters in a separate award document, i.e. the Technical and Further Education Teaching Staff Interim Award which would, when all issues arising from my 27 August 1993 decision have been resolved and orders finalised, replace the Technical and Further Education Staff Award.

I have reflected on this approach and whilst initially attracted to it I have decided that it is more appropriate to vary the Technical and Further Education Staff Award, on a progressive basis, to give effect to my 27 August 1993 decision.

The first step in that process is the attached order varying the Technical and Further Education Staff Award to give effect to a number of agreed matters including Scope, Definitions, Salaries, Allowances, Conditions of Service, Hours of Work and Attendance. With regard to the supersession and savings clause proposed by the parties, this will not be included in the award in the terms agreed by the parties. Obviously as I have decided to vary the existing award the supersession and savings clause required appropriate modification.

The order operative from the first full pay period to commence on or after 27 August 1993 is attached.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr D. Holden for the Australian Education Union, Tasmanian Branch.
Mr J. McCabe with Mr J. Dineley and Mr D. Hanlon for the Minister administering the Tasmanian State Service Act 1984.

Date and Place of Hearing:
1993.
Hobart:
October 29
November 4