TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Catholic Education Employees' Association
(T.3028 of 1991)

CATHOLIC EDUCATION AWARD

New award

REASONS FOR DECISION

This matter concerns an application by the Tasmanian Catholic Education Employees' Association (TCEEA) to make a new award.

Proceedings were limited to hearing parties in relation to:

1. Reasons justifying the making of a new award.

2. The name of such an award.

3. The scope of such an award if made.

4. Operative date.

In the result there was no objection to the making of a new award on the basis that, inter alia:

1. Such an award would be consistent with the requirements of the Wage Fixation Principles as they apply to first awards.

2. An award would simply replace a number of existing registered agreements applying to the TCEEA and Catholic schools and colleges and the Catholic Education Office.

3. Existing wage rates and conditions of employment (including superannuation) would be reflected in the new award.

4. It would be more convenient to incorporate all agreement matters in a single document.

5. Future consideration of foreshadowed issues such as a "special case" application could proceed more appropriately by way of an award than within agreements.

Given these reasons and the consent of the parties I have decided to accede to the application and to make an award titled the "Catholic Education Award".

In the near future the parties will make separate applications to retire from existing registered agreements.

The question of scope for the new award caused the Commission to draw to the attention of the parties a number of potential difficulties associated with the form of words proposed in the original application, together with possible conflict with the scope clause of the Independent Schools (Teachers) Tasmania Award once the agreements are rescinded.

Following off record discussions the parties suggested a mutually acceptable scope clause.

Accordingly I determine that the scope clause shall be as follows:

"This award is established in respect of the conducting of Catholic primary and secondary schools and colleges and the Catholic Education Office".

Parties to this award should now confer with parties to the Independent Schools (Teachers) Tasmania Award with a view to revising the scope of the latter award to rationalise the wording to the extent considered necessary.

Date of Effect

This new award shall have effect on and from 1st June 1991.

Proceedings in this matter are adjourned to a date to be fixed to enable award interest matters to be pursued in accordance with the requirements of the Industrial Relations Act 1984.

Order is attached.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr P Bevilacqua for the Tasmanian Catholic Education Employees' Association.
Mr W J Fitzgerald with Father J Williams for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1991
Hobart
May 7