T4964
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Association of Professional Engineers and Scientists, Australia PROFESSIONAL ENGINEERS (PRIVATE INDUSTRY) AWARD
Award variation - Title - Scope - salaries and classification standards - Professional Scientists - consent matter - application granted - operative ffpp 4 April 1994 REASONS FOR DECISION This application, made pursuant to section 23 of the Act, was lodged by The Association of Professional Engineers and Scientists, Australia, Professional Engineers Branch, Tasmania. The purpose of the application (amended during the hearing) was to vary the Professional Engineers (Private Sector) Award to deal with all the subject matters contained in Exhibit P1. Essentially the application sought to vary the award by expanding its scope to include professional scientists, set annual salaries and classification standards for that category of employee. The proposed new scope clause made it clear that the award would not cover: "1. Professional engineers and/or scientists employed in Federal or State Government departments or instrumentalities, or Local Government authorities; or the Marine Board of Hobart, the Port of Launceston Authority, Port of Devonport Authority, Burnie Port Authority, or professional engineers and/or scientists falling within the scope of the following awards: . Metal and Engineering Industry . Medical Diagnostic Services (Private Sector) . Medical Practitioners . Hospitals 2. Professional scientists employed by the owners or operators of a mine or mining operation defined in the Mines Inspection Act 1986." Decision This is a consent application and both parties expressed their desire to amend this craft award to include professional scientists. I am of the view that this award, having been established in accordance with the Act, can be varied or amended from time to time. That being the case, I have arrived at the conclusion that the application should be granted as it is consistent with the Wage Fixing Principles and the Public Interest requirements of the Act. In addition the new scope clause clearly demarks this award from other awards of the Commission and the agreed annual salaries for professional scientists are not inconsistent with those applying in the Metal and Engineering Industry Award which have already been the subject of determination by the Commission. Therefore, the scope, salaries and classification standards and consequential amendments sought by the parties will be included in the Professional Engineers (Private Sector) Award and I decide accordingly. As a consequence of having determined that the award should be varied to include professional scientists, I further determine, that the title of the award should be changed to `Professional Engineers and Scientists (Private Sector) Award'. This would clearly indicate to the end user of the award that it not only covers professional engineers but also, in certain circumstances, professional scientists. As a result it could be said that the award would be more user friendly as the new title would more accurately illustrate the coverage of the award. I recommend that the applicant in this matter now take the necessary steps to have the new title of the award reflected in their certificate of registration. The Order giving effect to this decision is attached and will be operative from the beginning of the first full pay period to commence on or after 4 April 1994.
R J Watling Appearances: Date and place of hearing:
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