T6472
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister for Public Sector Administration PROFESSIONAL EMPLOYEES AWARD
Making of new award - wages and conditions of employment - operative date 7 March 1996 REASONS FOR FURTHER DECISION HISTORY: In an Order dated 6 November 1996, arising out of this application, the Commission, as currently constituted, made a new award to be known as the Professional Employees Award. The Order was issued only in respect of title and scope. The intentions of the parties in seeking to make this new award were stated in that earlier decision. They were as follows:
Between 6 November 1996 and 27 March 1997 the following organisations were granted an interest in the award1:
Under s62(4) of the Act, the Minister for Public Sector Administration was deemed to be an employer organisation having an interest in this award. CURRENT HEARING: This is the final decision in the process of making the Professional Employees Award. When the hearing of this application2 resumed on 3 April 1997, Ms Watt, for the applicant, sought and was granted leave to amend her application, thus enabling the Commission to deal with all the subject matters contained in, what was described as, a draft Order3. Ms Watt drew the Commissions attention to the fact that the definitions, classification standards and salaries contained in the draft new award, were a mirror of those adopted by the Full Bench of the Commission, arising out of application T5741 of 1995, and inserted into the Scientific Employees Award. She added that the qualifications currently required under existing awards of the Commission, to cover professional work, were being preserved. It was also her submission that the proposed new award:
Ms Watt also submitted that the operative date of the new award should be on and from 7 March 1996 and that date was necessary to facilitate the translation of employees as at that date. She said that it would also allow for:
The application and the submission presented by Ms Watt was supported by The Community and Public Sector Union (State Public Services Federation Tasmania), The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Education Union, Tasmanian Branch. CONCLUSION: This matter came before the Commission with the consent of all the parties and, having examined the proposed new award, I am of the view that it is consistent with previous decisions of this Commission. It provides for award rationalisation and facilitates a consistent approach in respect of salaries and conditions of employment for persons undertaking professional work within the State Service. The application conforms with the spirit and intent of the Wage Fixing Principles and does not offend the public interest requirements under the Act. For the foregoing reasons, the award will be varied in the manner sought by the parties. I am prepared to accept the submissions presented for granting a retrospective operative date as it will not require "back pay"; employees covered by this new award are already in receipt of the proposed salaries via current awards and industrial agreements registered with the Commission. The Order giving effect to this decision is attached.
R J Watling Appearances: Date and place of hearing: 1 T6621 of 1996, T6662 of 1996, T6717 of 1997 |