TASMANIAN INDUSTRIAL COMMISSION

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

The Tasmanian Registered Teachers' Association
(T.3135 of 1991)

INDEPENDENT SCHOOLS (TEACHERS) TASMANIA AWARD

Scope, restructuring

REASONS FOR DECISION

This matter concerns an application by The Tasmanian Registered Teachers' Association (TRTA) to vary the Independent Schools (Teachers) Tasmania Award in respect of the following:

1. Scope, clause 2
2. Salaries, clause 8.

The application was also made for the purpose of:

3. Reporting back progress on matters arising from the restructuring of the award as required by the decision¹ of 18 December 1990; and

4. to clarify point 8(b) of the same decision as it relates to access to Band 2 positions.

The parties agreed to the need to revise the wording of the "scope" clause in view of the making of the Catholic Education Award.

The revised scope to be as follows:

"This award is established in respect to the whole of Tasmania to any person employed as a teacher pursuant to the Education Act in fee charging schools in the private sector but shall not include persons employed subject to The Catholic Education Award, nor to persons who are in Holy Order, or are members of a Recognised Teaching Order, or Minister of Religion, or Missionary Teachers of the Seventh Day Adventist Church."

I am satisfied that the variation sought is justified on the basis of clarifying the proper intent and objectives of the earlier wording; made necessary through changed and unforeseen circumstances.

The variation sought is therefore granted in respect of this matter and the award will be varied accordingly.

Following the taking of TRTA submissions and evidence in relation to the other three(3) matters an adjournment was granted to allow the Tasmanian Confederation of Industries to seek instructions to enable it to respond.

The parties are to confer and advise the Commission when they are ready to resume.

Date of Effect: Variation of the award in respect of revised "scope" shall have effect on and from 8 July 1991.

Order is attached.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr B McFarlane for The Tasmanian Registered Teachers' Association.
Mr W J FitzGerald for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
Hobart
1991
July 8