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Tasmanian Industrial Commission

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T2470, T2472, T2476, T2653, T2654, T2655, T2656, T2657 and T2504

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Tasmanian Public Service Association
(T.2470, T.2472 and T.2476 of 1990)

Hospital Employees' Federation of Australia
Tasmania Branch

(T.2653, T.2654, T.2655, T.2656 and T.2657 of 1990)

The Association of Professional Engineers, Australia
Tasmanian Branch

(T.2504 of 1990)

and

The Minister Administering the Tasmanian State Service Act 1984

HOSPITAL SCIENTISTS AWARD
PHARMACISTS AWARD
SCHOOL DENTAL THERAPISTS AWARD
HOSPITAL EMPLOYEES (PUBLIC HOSPITALS) AWARD
NORTH WEST REGIONAL WATER AUTHORITY STAFF EMPLOYEES AWARD

 

COMMISSIONER R J WATLING

2 May 1991

Structural Efficiency Principle - "Arguable Case" for Special Case - Applications referred to President - Recommend referral to Full Bench

REASONS FOR DECISION

These applications have been referred to me as "arguable cases" for special cases in accordance with the terms of the Wage Fixing Principles. In its decision issued on 22 February 1991 a Full Bench 1 of this Commission stated amongst other things the following:

    "We expect special case considerations to be accommodated during the hearings convened to deal with each occupational stream."

The purpose for listing these matters for hearing was to afford the parties an opportunity to present submissions as to the future of these applications. No party present at the hearing opposed the applications being referred to the President pursuant to Section 24(4) of the Industrial Relations Act 1984 in order that he may determine whether or not they should be referred to the Full Bench dealing with the Public Sector Structural Efficiency applications2.

In view of the Full Bench decision3 the previously mentioned course of action is endorsed and the necessary steps will be taken to refer these matters to the President and I decide accordingly.

 

R J Watling
COMMISSIONER

Appearances:
Mr R Hunt for the Tasmanian Public Service Association.
Mr R Warwick for the Hospital Employees' Federation of Australia, Tasmania Branch.
Mr D Pyrke for the Association of Professional Engineers, Australia, Tasmanian Branch.
Mr J McCabe for the Minister Administering the Tasmanian State Service Act, 1984.

Date and Place of Hearing:
1991
April 24
Hobart

1 T. Nos. 2399, 2508, 2511, 2586 and 2605 of 1990
2 Ibid.
3 Ibid.