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T5930

 

TASMANIAN INDUSTRIAL COMMISSION

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

Minister for Public Sector Management
(T.5930 of 1995)

GENERAL CONDITIONS OF SERVICE AWARD

 

DEPUTY PRESIDENT A ROBINSON

HOBART, 5 December 1995

Award variation - deletion of superfluous provisions and amend wording

REASONS FOR DECISION

This matter concerns an application by the Minister for Public Sector Management to vary the General Conditions of Service Award.

The application sought to delete superfluous provisions and to amend the wording of the award consistent with the continuing process of reviewing awards of the Commission for relevance, and in conformity with the decision of the Full Bench1 dated 27 October 1995.

Principal Award clauses reviewed included the following:

  • Scope
  • Date of Effect
  • Supersession and Savings
  • Award Interest and Parties Bound
  • Overtime
  • Saturday, Sunday and Holiday Work
  • First Aid Certificate Allowance
  • Meal Allowance
  • Recreation Leave

None of the proposed variations to the award addressed the question of merit and it was not intended that any existing right or obligation contained in the award be affected in any way whatsoever, and I am satisfied that any expressed reservations held in this regard are unfounded. And as I expressed at the hearing if any organisation with an interest in this award can later demonstrate that this "tidying up" exercise has resulted in an unintended adverse consequence then leave is reserved for further application to be submitted in this regard.

I am satisfied that the application is consistent with the aforementioned Full Bench Decision, Wage Fixing Principles2, and public interest. For these reasons the application is granted in the terms sought.

These variations shall have effect on and from 5 December 1995.

Order to follow.

 

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr C Willingham with Ms L Lawrence for the Minister for Public Sector Management
Mr R Miller for The Community and Public Sector Union (State Public Services Federation Tasmania)
Mr D Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia

Date and Place of Hearing:
1995
Hobart
November 21

1 T No 5881, 5882, 5883 of 1995
2 T 5214 of 1994 (Structural Efficiency Principle)