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T3284

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Association of Professional Engineers & Scientists, Australia,
Professional Engineers Branch, Tasmania

(T.3284 of 1991)

PROFESSIONAL ENGINEERS (PRIVATE INDUSTRY) AWARD

 

DEPUTY PRESIDENT A ROBINSON

HOBART 27 September 1991

State Wage Case - increase wage rates by 2.5%

REASONS FOR DECISION

This matter concerns an application by the Association of Professional Engineers, Australia, Tasmanian Branch (APEA) to vary the Professional Engineers (Private Industry) Award to increase wage rates and work related allowances in accordance with the requirements of the 13 August 1991 State Wage Case decision1.

Earlier proceedings granted the second "structural efficiency" increase and the first minimum rates adjustment.

The award currently contains a new salary structure with comprehensive definitions; an enterprise agreements clause; and a number of facilitative type provisos within clauses - i.e. Clause 10, Annual Leave Loading and Clause 17, Hours of Duty.

In addition the APEA has agreed in principle to the further amendment of the award to broadly make provision for the following:

(a) The parties to this Award are committed to co-operating positively to increase the efficiency and productivity of enterprises and to enhance the career opportunities and job security of employees subject to the Award.

(b) Consistent with the objectives of subclause (a) herein, employers, employees and the union shall establish consultative mechanisms and procedures appropriate to the size, structure and needs of the enterprise.

In acknowledgment of the fact that employees subject to this award are often in the minority in particular establishments, regard will be had for consultative mechanisms which may already be in place and have application to the enterprise as a whole.

(c) An employer may direct an employee to carry out such duties as are within the limits of an employee's skill, competence and training consistent with the classification structure of the Award.

This provision should not deny such employee any award entitlement which might be applicable for performing work at a higher classification; or should the provision enable the employer to pay an employee at a rate lower than the substantive classification for performing work of a lower classification.

Final clauses in this regard will be drafted and submitted to the Commission.

The APEA has also accepted a commitment in the following form:

"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."

Since the matter is one of consent and there has been compliance with the requirements of the current Wage Fixation Principles2 I am satisfied that it would be consistent with public interest to grant the application.

The award will therefore be varied by increasing wage rates and any work related allowances by 2.5%, appropriately rounded and inserting new clauses already mentioned.

Date of Operation

These variations shall come into operation on the first full pay period commencing on or after 26 September 1991

Order will follow.

 

A Robinson
DEPUTY PRESIDENT

Apperances:
Mr D Pyrke for The Association of Professional Engineers & Scientists, Australia, Professional Engineers Branch, Tasmania
Mr T J Abey for the Tasmanian Confederation of Industries

Date and Place of Hearing:
Hobart
1991
September 26

1 T.3069 and T.3166 of 1991
2 Ibid