T2898
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Association of Professional Engineers, Australia, and The Minister Administering the Tasmanian State Service Act 1984 PROFESSIONAL ENGINEERS AWARD
Conditions REASONS FOR DECISION The present application to vary the Professional Engineers Award is one of consent. The parties to the award have had discussions and agree that because professional engineers are employed in large public hospitals (for instance, installing and maintaining boilers) it is anomalous for them to be subject to conditions of employment which are at variance with those applying generally within such an enterprise. Clause 9 of the Professional Engineers Award already recognises to a limited extent the logic of professional engineers, as a distinct minority group, picking up many of the same general conditions which apply under both the General Conditions of Service Award and the Tasmanian State Service Act, 1984, and regulations. However such a "catch-all" type of provision to supplement the limited provisions contained in the engineers principal award has shown itself to contain inadequacies so far as employment in hospitals is concerned. In the result the following new clause 9 is proposed:- "Unless otherwise prescribed in this award, conditions of service shall be as prescribed in the General Conditions of Service Award or, in the case of professional engineers (as defined) employed in public hospitals, as prescribed in the Hospital Employees' (Public Hospitals) Award. PROVIDED THAT where conditions are not prescribed in those Awards, the Tasmanian State Service Act 1984 and Regulations shall apply." It is a matter of common ground that the proposed variation does not represent an improvement in conditions within the context of the Wage Fixation Principles of this Commission. I am therefore satisfied that to grant the application would not offend those principles or be inconsistent with public interest criteria pursuant to Section 36 of the Act. For these reasons the award will be varied in the terms of the application. OPERATIVE DATE This variation shall have effect from the first full pay period to commence on or after 28 February 1991. Order is attached.
A Robinson Appearances: Date and place of hearing: |