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T6472

 

TASMANIAN INDUSTRIAL COMMISSION

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

Minister for Public Sector Administration
(T6472 of 1996)

PROFESSIONAL EMPLOYEES AWARD

 

COMMISSIONER R J WATLING

HOBART, 6 November 1996

Making of new award - title and scope - operative date 6.11.96

REASONS FOR DECISION

This application was lodged by the Minister for Public Sector Administration (the applicant) for the purpose of establishing a new award to be known as the Professional Employees Award.

Ms Watt, for the applicant, informed the Commission that the application was an integral part of the award rationalisation program for persons employed under the Tasmanian State Service Act 1984. She said it was intended that the new award cover all professionals within the State Service, with the exception of those currently employed under the Community and Health Services (Public Sector) Award, the Legal Practitioners & Apprentice-at-Law Award and the Medical Practitioners (Public Sector) Award

Ms Watt envisaged that, if the Commission decided to make the new award, it would contain salaries; some conditions of employment specific to professionals; and it would have a reference to the General Conditions of Employment Award for other conditions of employment. It was also stated that employees under this award would also be subject to the State Service Act 1984 and the regulations pertaining thereto.

Ms Watt said that the application was consistent with the wage fixing principles and it satisfied the public interest test.

Ms Strugnell, for The Community and Public Sector Union (State Public Services Federation Tasmania), who was granted leave to intervene in this matter, supported the submissions of Ms Watt. However, she said that if the award was made and the organisation which she represented was granted an interest in the award, then, there may be a need, at some future date, to make application to vary the scope of the award to enable certain employees of Tasmania Development and Resources, employed under the Tasmanian Development Act 1984, to have access to or be covered by this award.

She too agreed that the application should be supported by the Commission as it was part of the rationalisation of a number of awards within the State Service.

Mr Pyrke of The Association of Professional Engineers, Scientists and Managers, Australia and Mr Evans of the Australian Education Union, Tasmanian Branch were also granted leave to intervene, and both were supportive of the submissions made by Ms Watt, for the applicant, and Ms Strugnell of The Community and Public Sector Union (State Public Services Federation Tasmania).

I support of the application as the rationalisation of awards within the State Service is consistent with the wage fixing principles and that process has the potential to provide greater uniformity and consistency within the State Service.

For the foregoing reasons the application is endorsed by the Commission and will be operative on and from 6 November 1996. The Order giving effect to this decision is attached.

Having decided to establish this new award it is now open to any registered organisation to seek an interest in the award in accordance with the provisions of the Industrial Relations act 1984. After determining the organisations that have an interest in the award, the Commission will continue to hear submissions associated with the salaries and conditions of employment to be contained in that award.

 

R J Watling
COMMISSIONER

Appearances:
Ms A Watt for the Minister for Public Sector Administration
Ms S Strugnell (intervening) for The Community and Public Sector Union (State Public Services Federation Tasmania)
Mr D Pyrke (intervening) for The Association of Professional Engineers, Scientists and Managers, Australia
Mr A Evans (intervening) for the Australian Education Union, Tasmanian Branch

Date and place of hearing:
1996
November 4
Hobart