TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Tasmanian Catholic Education Employees' Association
(T6241 of 1996)

Tasmanian Chamber of Commerce and Industry Limited
(T6334 of 1996)

CATHOLIC EDUCATION AWARD

Award variation - restructure of award - application granted - consent matter - award varied - operative ffpp 1 January 1997

REASONS FOR DECISION

These applications, lodged by the Tasmanian Catholic Education Employees' Association and the Tasmanian Chamber of Commerce and Industry Limited, were for the purpose of varying the Catholic Education Award.

Every clause contained in the award was subjected to a review in accordance with the wage fixing principles and, specifically, the Structural Efficiency Principle. This took place over the last eight months and the Commission, as constituted, presided over many of the conferences between the parties.

It is not my intention to reiterate the submissions presented by the parties as they can be found within the transcript, but I would have to say, those submissions, along with my own knowledge and understanding of the review, has left me in no doubt that the review was consistent with the spirit and intent of the wage fixing principles.

On the final day of hearing the parties presented a consent draft Order1 for which they sought the Commission's endorsement.

I am satisfied that the restructured award has:

• established skill-related career paths which provide an incentive for workers to continue to participate in the skill formation;

• created appropriate relativities between categories of employees within the award and appropriate classification standards;

• insured that working patterns and arrangements enhanced flexibility and the efficiency of the industry and enterprise;

• inserted facilitative provisions in relevant clauses of the award;

• established a consultative mechanism at the enterprise level;

• includes a process whereby consideration can be given to changes in the award so long as any agreement reached was formally ratified by the Commission. This was done in order to ensure increased efficiency and productivity at the enterprise level, while not limiting the rights of either the employer or the union to arbitration.

• incorporated all past work-value considerations;

• incorporated salaries arising out of T5435 of 1995, being the Tasmanian Catholic Education (Enterprise Bargaining) Agreement 1995. The salaries in that agreement have been included in the restructured award, as they apply to all employees falling within the scope of the award, and it has created a new base upon which future enterprise bargaining negotiations will take place.

The parties have examined both award and non-award matters to test whether work classifications and basic work patterns and arrangements were appropriate - the examination included specific consideration of:

1. the contract of employment, including the employment of casual, part time, specially funded, limited tenure, relief and replacement employees;

2. the arrangement of working hours;

3. the scope of the award.

Given the foregoing I hereby determine that the Catholic Education Award will be varied in the manner sought by the parties and the operative date will be from the first full pay period to commence on or after 1 January 1997.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr P Bevilacqua with Mr C Smallbane for the Tasmanian Catholic Education Employees' Association
Mr W J Fitzgerald for the Tasmanian Chamber of Commerce and Industry Limited with Mr P Stevens and Sister M Kelly

Date and place of hearing:
1996
July 8
October 30
November 12
Hobart

1 Exhibit A.1