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T10640, T12090 and T12091

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

Tasmanian Chamber of Commerce and Industry Limited

(T10640 of 2002)
TASMANIAN INFORMATION TECHNOLOGY INDUSTRY AWARD

(T12090 of 2005)
BUSINESS SERVICES AWARD

(T12091 of 2005)
PROFESSIONAL ENGINEERS AND SCIENTISTS (PRIVATE INDUSTRY) AWARD

 

PRESIDENT P L LEARY

HOBART, 22 June 2005

New award - award variations - Scope - applications approved - operative date ffpp 1/7/05

REASONS FOR DECISION

[1] The following three applications have been joined:

(i) T10640 of 2002: an application pursuant to s.23(1) of the Industrial Relations Act 1984 (the Act) for the making of a new award to be titled the Tasmanian Information Technology Industry Award;

(ii) T12090 of 2005: an application pursuant to s.23(1) of the Act to vary the Business Services Award as a consequence of the making of the Tasmanian Information Technology Industry Award; and

(iii) T12091 of 2005: an application to vary the Professional Engineers and Scientists (Private Industry) Award as a consequence of the making of the Tasmanian Information Technology Industry Award (the award).

T10640 of 2002:

[2] It was submitted by the Tasmanian Chamber of Commerce and Industry (TCCI) representing Tas IT, the peak body of information technology employers in Tasmania, that discussions between the industry and the relevant unions, as to the making of a new industry award, began in 2002.

[3] Mr Rollins, from TCCI said:

"The industry has developed significantly in the last 20 to 25 years and from the scope of the award we can see that the industry contains a number of diverse elements, including manufacturing and installation of computers and telecommunications systems, computer consultancy services, data communication and networking, computer programming, web design and internet development.

It is anticipated this is an industry that will continue to grow and will employ an ever increasing number of Tasmanians in the coming years. The industry understands the needs for an award to provide a safety net of wages and conditions for its employees. In saying that, the making of this award will not necessarily bring a set of minimum terms and conditions of employment in an industry that was wholly unregulated. A number of occupational and industry awards already cover various groups of employees but one of the main purposes of this exercise has been to bring in one progressive award to cover the industry as a whole."1

[4] The award is a minimum rates award and the 100% trade level is the classification Level 3, Information Technology Employee in the Non Professional Stream. The definition of the Level 3, Information Technology Employee is prescriptive as to tasks to be performed and includes the requirement that "An employee who holds a relevant Certificate III in Business, Information or equivalent would be classified at this level when employed to perform the functions in the Role Definition and taking into account the Indicative Tasks."

[5] The award provides that an employer and an individual employee are able to enter into an arrangement where additional remuneration, leave, allowances, loadings are agreed in place of overtime and weekend penalty rates. Those individual agreements are to be recorded in writing.

[6] The award is made with the consent of the Australian Municipal, Administrative, Clerical and Services Union (AMACSU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA).

[7] When approving a new award the Commission must be satisfied that the new award is consistent with the public interest by considering:

(i) the economic position of any industry likely to be affected by the proposed award;

(ii) the economy of Tasmania and the likely effect of the proposed award on the economy of Tasmania with particular reference to the level of employment; and

(iii) any other matter considered by the Commission to be relevant to the public interest.

[8] It was submitted that the making of the award is consistent with the public interest and in consideration of the matters referred to in s.36(2)(a), (b) and (c).

[9] The Commission is satisfied that the award is in the public interest, is specific to the IT industry and provides flexibility in accord with the requirements of the industry. The submissions indicate that the IT industry expects continued growth with employment opportunities increasing.

[10] The new award provides a safety net of wages and conditions for employees and employers in the IT industry and is in accord with the Commission's wage fixing principles.

[11] I am of the view that it is appropriate in the public interest to approve the making of the new award which will take effect from the first pay period on or after 1 July, 2005.

[12] The award shall be referred to the Registrar pursuant to s.37(2) of the Act.

T12090 of 2005:

[13] The Business Services Award shall be varied to remove the reference to `internet services' found in Clause 3, Scope.

T12091 of 2005:

[14] The Professional Engineers and Scientists (Private Industry) Award will be varied to include reference to the Tasmanian Information Technology Industry Award in Clause 3 Scope.

[15] Both of the above applications are by consent and are consequential variations as a result of the making of the new award. Those applications are approved and will take effect on the same operative date as the Tasmanian Information Technology Industry Award, being the first pay period on or after 1 July, 2005.

 

P L Leary
PRESIDENT

Appearances:
Mr J O'Neill (24-1-03), Mr R Rollins (23-3-05), (14-4-05), (15-6-05) for the Tasmanian Chamber of Commerce and Industry Limited with Mr R Butler and Mr R Pallett, (24-1-03), (23-3-05) for Tas IT
Mr D Pyrke for the Association of Professional Engineers, Scientists and Managers, Australia
Mr C Dodds (24-1-03), Mr I Paterson (14-4-05), (15-6-05) for the Australian Municipal, Administrative, Clerical & Services Union

Date and place of hearing:
2003
January 24
2005
March 23
April 14
June 15
Hobart

1 Transcript PN 7 and 8