T1774
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This matter concerns an application for the making of a new consent award to be titled the "Independent Schools' (Teachers) Award 1988". I was advised that negotiations which preceded the application involved ongoing consultation with both employee groups and the management of relevant schools, whether members of a registered organisation or not. In order to accommodate the wishes of those who sought some form of relief or exemption from the proposed award (or parts of it) a number of both specific and general exclusions have been written into the document presented to the Commission for ratification. Furthermore, a number of provisos attach to the date of operation, so that elements of the proposed award will be phased in. This will mean that all views have been accommodated thus far. Additionally it was acknowledged by both parties before me that scope exists for consideration if any future request for exemption is sought. The application seeks to give award coverage to what has been an award free area up to the present time, and follows the Commission's acceptance of several registered agreements relating to private schools in recent times. The proposed award sets minimum rates of pay which already apply in private schools. Such rates of pay also are a mirror of the rates of pay prescribed in the Teaching Service (Teaching Staff) Award. Conditions stipulated in the proposed award are also those already applying and closely follow awards of other States and what may be regarded as State standards. However it would be wrong to assume there are no differences in some clauses when comparing the public sector award to that proposed for private schools. The emphasis of the proposed award is upon preserving the status quo in matters which are designated as reflecting custom and practice. In the event that any such matters such as standard hours of work or annual leave loading were inconsistent with principles established by a Full Bench of this Commission then I would automatically be required by the Act to refer such items back to the President. However I am satisfied that is not so, and indeed the opposite is the case. The areas of difference which do apply would have to be more closely examined and tested as to merit if this application was not a wholly consent matter. As it is, it is proper that I draw attention to the fact that non-arbitrated matters have never carried the weight which properly attaches to arbitrated matters. 3 Both public interest criteria and the requirements of the wage fixation principles were fully addressed during the hearing, and as a consequence I have been convinced on the evidence that to make the award sought would: 1. Create no additional cost. 2. Not adversely affect the economy of the State or any employing private school. 3. Not adversely affect employment levels. 4. Have a positive stabilising effect upon schools in assessing their budgets. 5. Not exceed established standards. 6. Create no precedent. For all of these reasons the application to create a new award is granted and shall be titled the "Independent Schools (Teachers) Tasmania Award". I have deliberately excluded "1988" from the title. OPERATIVE DATE: as from 1 January 1989. Order is attached.
A Robinson
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