TASMANIAN INDUSTRIAL COMMISSION

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

Australian Education Union, Tasmanian Branch
(T12222 of 2005)
(T12278 of 2005)

TEACHING SERVICE (TASMANIAN PUBLIC SECTOR) AWARD

New award - applications approved - operative date 7 December 2005

REASONS FOR DECISION

[1] It was submitted by Mr C Lane, for the Australian Education Union, Tasmanian Branch (the union), that discussions had taken place between the union and the relevant parties, as to the making of a new award.

[2] The award is made with the consent of the union and the Minister Administering the State Service Act 2000.

[3] 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.

[4] 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).

[5] The Commission is satisfied that the award is in the public interest, is in accord with the Commission's wage fixing principles, and approves the making of the new award to take effect on and from 7 December 2005.

[6] Mr C Lane also presented submissions in support of the application for determination of interest in the above award.

[7] I am also satisfied that the granting of the application would not prejudice the orderly conduct of industrial relations in Tasmania thus meeting the requirements of s.63(10)(c)(iii).

[8] Given the above, interest in the above award is granted to the Australian Education Union, Tasmanian Branch and will be operative from 7 December 2005 and, pursuant to s.63(12A), the Teaching Service (Tasmanian Public Sector) Award will be varied to reflect this decision.

James P McAlpine
COMMISSIONER

Mr C Lane for the Australian Education Union, Tasmanian Branch
Mr C Willingham and Mr P Baker for the Minister Administering the State Service Act 2000 with Mr G Payne

Date and place of hearing:
2005
September 7, 8
December 7
Hobart