IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application by the Association of Professional Engineers, Australia (APEA) seeks for the first time, in this State at any rate, an award covering professional engineers employed in industry generally, other than those engineers employed in Federal and State Government Departments, instrumentalities of the Crown, or by local government.

In short, the Association now wishes to obtain an award for professional engineers, employed as such in award-free areas of private industry.

However that may be, under the terms of the Industrial Relations Act 1984 before any award can be made covering classes of employees employed in private industry generally, as distinct from an award providing for all employees engaged in a single industry, it is first necessary to obtain from the President a declaration that jurisdiction exists for an award to be made in relation to that class of employee. In this regard Section 33 of the Act states:

"33   (1) The Commission may make an award in respect of -

(a) all or any private employees employed in an industry; or

(b) classes of employees employed in an occupation engaged in by private employers and declared by the President under subsection (2) to be an occupation in respect of which the Commission has jurisdiction under the Act.

(2) The President may, after consultation with such organizations as he considers appropriate, by notice in the Gazette, declare an occupation in which classes of employees are employed by private employers to be an occupation in respect of which the Commission has jurisdiction under this Act.

(3) The Commission, in making an award under this section, shall specify the industry to which, or the class of employees to whom, the award applies."

Accordingly, this matter came before me on 9 December for the purposes of complying with the foregoing statutory requirement.

During proceedings Mr Henderson explained that the Association only wished to obtain award regulation in areas of private industry which are presently award free. For the most part this would mean the activities of consulting engineers. But there may also be isolated situations where employed professional engineers, practising their profession in the private sector are not at present covered by an award of any tribunal.

He then reminded the Commission that the Constitution of the provisionally registered Association is the same as that which is currently registered with the Conciliation and Arbitration Commission. Moreover, all Federal Awards obtained by the Association are in effect "craft" awards as they apply to classes of employees employed either in Government departments, instrumentalities, local government or private industry.

Furthermore he drew attention to the fact that there is already in existence an award of this Commission, albeit having application in the public sector, covering exclusively persons classified as professional engineers.

Mr Abey, representing the Tasmanian Chamber of Industries (TCI) in its own right, and on this occasion acting as agent for the Australian Mines and Metals Association, did not question the Commission's jurisdictional capacity to make an award on this application. However in not objecting to the threshold matter being pursued before me, Mr Abey made it clear, in the event I was disposed to make the declaration sought, those for whom he appeared reserved the right to oppose the actual making of an award if they were minded to do so.

Nevertheless, should such a declaration be made, Mr Abey indicated a willingness on the part of the TCI to then confer with the APEA. He also stated that his client, the Australian Mines and Metals Association, wished to record an ongoing interest in the claim, and for that reason requested that it be advised of further proceedings should I erect no jurisdictional barrier to be the claim being prosecuted on merit.

DECISION

After hearing the parties who attended, and having perused the registered constitution of the provisionally registered Association of Professional Engineers, Australia - Tasmanian Branch, I am satisfied professional engineers performing professional engineering duties, while in the employ of private employers (as defined), are classes of employees in respect of whom this Commission has jurisdiction to make an award.

I further declare that whether an award should be made and, if so, the industry or industries in which it should operate, or the employers upon whom it should be binding, will be a matter to be determined or authorised by the Commissioner concerned consequent upon further proceedings being initiated by the APEA following publication of this declaration. Order

L A Koerbin
PRESIDENT

10 December 1985