Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T4783

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

The Tasmanian Registered Teachers' Association
(T.4783 of 1993)

INDEPENDENT SCHOOLS (TEACHERS) TASMANIA AWARD

 

COMMISSIONER P A IMLACH

12 January 1994

Award variation - redundancy - period of notice

REASONS FOR DECISION

This was an application made by The Tasmanian Registered Teachers' Association (the Association) for a variation to be made to the Independent Schools (Teachers) Tasmania Award (the Award).

The Award provided under a redundancy clause that, where a redundancy had been determined, written notice be given indicating that the position would be declared redundant in "one term's" time.

The Association sought for the period of notice to be specified as "ten weeks" not one term.

In supporting the application the Association advised that a school term could encompass a varying period from about ten to thirteen weeks and also, near the end of the year (or any other time for that matter) it was not always clear just when a redundancy situation might occur. For these reasons the Association submitted that a set period of ten weeks notice would be more practical and acceptable to the parties.

There were further consequential and similar variations sought in the same redundancy clause and for the same reasons.

The Tasmanian Chamber of Commerce and Industry Limited supported the application and agreed with the Association's submissions and, in so doing, said that the amendment was more of a correction of an anomaly than anything else and, on that basis, the application was not against the public interest nor the Commission's Guidelines.

I accept the submissions of the parties: the Award will be amended as requested operative from the date of this decision.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
B MacFarlane for The Tasmanian Registered Teachers' Association.
W Fitzgerald for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1994.
Hobart:
January 11.