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T5666

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

The Association of Professional Engineers, Scientists and Managers, Australia
(T5666 of 1995)

PROFESSIONAL ENGINEERS AWARD

 

PRESIDENT F D WESTWOOD

19 JULY 1995

Award variation - Definition of association - Minimum salary for graduate and for experienced engineer - variation approved - order issued effective ffpp 13.6.95

REASONS FOR DECISION

With this application the Association of Professional Engineers, Scientists and Managers, Australia (the Association) sought to effect two amendments to the Professional Engineers Award arising from previous decisions of the Commission. The first was to reflect in the Definitions clause the new name of the Association which had been changed in May 1994. The Minister's representative consented to this part of the application.

The second part of the application was a proposed variation to Clause 8, Salaries, to restore to graduate and experienced engineers a minimum salary equivalent to that applying to a Professional Engineer Class 1, 2nd year of service and 6th year of service respectively. Mr Pyrke, for the Association, informed the Commission that when rates of pay which equalled the rates contained in the old award plus the increases contained in the State Service Wages Arrangements Agreement had been incorporated into the award effective from the first full pay period commencing on or after 13 June 1995, the provisos dealing with graduate and experienced engineers had been overlooked. Those provisos had been pitched at the rates for 2nd and 6th year of service for Professional Engineers Class 1 and expressed as a money amount. The Association submitted that the minimum remuneration should be expressed as relating to those specific classifications to avoid future problems of this nature.

Ms Rallings, for the Minister, advised the Commission that the proviso had existed in that form at least since a decision of the Public Service Board dated 3 October 1974, and suggested that if members were not to be disadvantaged the appropriate operative date for this amendment would be the first full pay period to commence on or after 13 June 1995.

Following a brief off-record discussion Mr Pyrke was granted leave to amend his application to incorporate the operative date suggested by Ms Rallings.

Given the agreed position of the parties on both subjects of the application, and particularly the need to ensure that graduate and experienced engineers continue to receive salaries at the rate envisaged under the State Service Wages Arrangements Agreement, I approve the amended application.

Accordingly the award will be varied with effect from the first full pay period to commence on or after 13 June 1995.

The order is attached.

 

F D Westwood
PRESIDENT

Appearances:
Mr D Pyrke for the Association of Professional Engineers, Scientists and Managers, Australia
Ms D Rallings for the Minister for Public Sector Management

Date and place of hearing:
1995
Hobart:
July 18