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T3274

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Catholic Education Employees' Association
(T.3274 of 1991)

CATHOLIC EDUCATION AWARD

 

DEPUTY PRESIDENT A. ROBINSON

HOBART, 30 August 1991

Increase salaries by 2.5%

REASONS FOR DECISION

This matter concerns an application by the Tasmanian Catholic Education Employees' Association (TCEEA) to vary the Catholic Education Award by increasing all wage rates by an amount of 2.5% in accordance with the revised Wage Fixation Principles and the decision of the State Wage Case Full Bench1 handed down on 13 August 1991.

The matter is one of consent and the parties addressed each of the criteria required to be met to substantiate the granting of the claim.

More particularly detailed submissions were put in relation to Principle 2 - Structural Efficiency, items (a) to (g) inclusive, Principle 3 - Wage Adjustments, and Principle 1 - Commitment.

The written commitment signed by the Secretary of the TCEEA provides as follows:

    "It is a term of this award (arising from the decision of the Tasmanian Industrial Commission in the State Wage Case of 13 August 1991) that the union(s) undertake(s), until 30 November 1991, not to pursue any extra claims, award or overaward, except when consistent with those principles."

This is a new award which is progressively replacing a registered agreement and matters yet to be included will be before the Commission as constituted on 24 September 1991. Those matter are, on the assurances of both parties, to include facilitative clauses, consultative mechanisms and a clause relating to the rights of employers to direct employees to carry out work within that employee's skill, competence and training.

It was agreed that this type of requirement already exists in Catholic Schools and can be found also in the registered agreement.

In these circumstances I am satisfied that the stringent test of the Principles and public interest criteria have been met.

I decide therefore to grant the application to increase all wage rates by 2.5%, appropriately rounded off and the award will be varied accordingly.

Operative Date

This variation shall have effect from the first full pay period to commence on or after 29 August 1991.

Order is attached.

 

A. Robinson
DEPUTY PRESIDENT

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

Date and Place of Hearing:
1991:
Hobart
August 29

1 T.3069 and T.3166 of 1991