TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

The Association of Professional Engineers, Australia
Tasmanian Branch
(T.2506 of 1990)

PROFESSIONAL ENGINEERS AWARD

Structural Efficiency - special case

REASONS FOR DECISION

This matter concerns an application by The Association of Professional Engineers, Australia, Tasmanian Branch (the APEA) for the granting of a wage increase in excess of 6% allowable by the Structural Efficiency Principle under current Wage Fixation Principles.

The APEA persuaded Anomalies Conference No 21 of 1990 to declare that it has an "arguable case" in accordance with the Special Case Principle, and a hearing to deal with this claim was held before the Commission as presently constituted in Hobart on 17 September 1990.

At that hearing the APEA and the Minister administering the State Service Act reported upon the limited progress of consultative mechanisms in place involving Tasmanian Trades and Labor Council and Government representatives at that time as they affected State Service awards generally.

By consent of the parties that hearing was adjourned sine die to enable this mechanism to continue to address structural efficiency and special case matters together.

Concurrent with that exercise a Full Bench of this Commission which is dealing with a large number of other State Service awards concerning on-going structural efficiency changes issued "Reasons for Decision"1 on 22 February 1991. And included in a number of directives the Full Bench said at page 3:

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

As a consequence of the Full Bench's stated attitude in this regard a hearing was convened on 3 May 1991 to hear the response of parties to the Professional Engineers Award.

The views of the APEA and the Minister supported the referral of this matter to a Full Bench2.

Having conducted a hearing in relation to what should occur procedurally in relation to this application I rely upon the provisions of Section 24(4) of the Act which provides as follows:

"(4) A Commissioner who conducts the hearing of an application under this section in relation to an award may, if he considers that:

(a) the application directly affects another award; or

(b) the application or part of it is of such importance that, in the public interest, it should be dealt with by a Full Bench, on his own motion or at the request of a party to the hearing,

refer the application to the President in order that he may determine whether or not it should be referred to an Full Bench."

I have also had regard for the comments expressed by the parties. As a result I have decided to refer this application to the President in order that he may determine whether or not it should be referred to a Full Bench.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr D Pyrke for The Association of Professional Engineers, Australia, Tasmanian Branch.
Mr C Willingham for The Minister Administering the Tasmanian State Service Act.

Date and Place of Hearing:
1990
September 17
1991

May 3

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