TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Confederation of Industries
(T.4309 of 1993)

CATHOLIC EDUCATION AWARD

Award variation - Salaries and Hours of Work - Part-time teachers

REASONS FOR DECISION

This application by the Tasmanian Confederation of Industries which has the consent of the Tasmanian Catholic Education Employees Association, was made for the purpose of clarifying the responsibilities and entitlements of part-time teachers employed in the catholic education system. These matters had been in dispute at Mt Carmel College, and had been before Deputy President Robinson in Matter T No. 4183 of 1992 on 16 February 1993. The Deputy President had adjourned proceedings to enable the parties to confer. The application results from that process, and was dealt with in the absence of the Deputy President on annual leave.

The main features of the agreed variations deal with:

(a) the method of calculating the amount of time a part-time teacher is to be present on campus;

(b) prescribing the duties to be performed; and

(c) the method of calculating the rates of pay applicable to part-time teachers.

Both parties indicated that the consent variation would correct the anomalies which had developed in applying the award, and resolve the Mt Carmel College dispute. Deputy President Robinson had been advised, in writing, to that effect and he had been requested to close the file.

The employer representative indicated that there were no cost implications in adopting the new provisions. They offended neither the wage fixing principles nor the public interest provisions of the Industrial Relations Act. An operative date of the first full pay period commencing on or after the date of decision was requested.

The parties are to be congratulated for the manner in which they accepted the Deputy President's suggestion to develop an agreed variation which would clarify the award and settle the dispute. As indicated and recorded on transcript, I approve the proposed variation effective from the first full pay period commencing on or after 7 April 1993.

An order will issue in due course reflecting this decision, together with variations to the award arising from my decision in relation to Application T No. 4302 of 1993.

F. D. Westwood
PRESIDENT

Appearances:
Mr. W. J. FitzGerald with Father J. Williams for the Tasmanian Confederation of Industries
Mr. P. Bevilacqua for the Tasmanian Catholic Education Employees Association

Date and place of hearing:
1993:
Hobart
April 7