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T6760

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Association of Professional Engineers, Scientists and Managers, Australia
(T6760 of 1997)

Metal and Engineering Industry Award

 

COMMISSIONER P A IMLACH

Hobart, 11 March 1997

Award variation - insert Carer's Leave clause - amend Annual Leave Clause amend Overtime Clause - amend Hours of Work Clause - consent matter application granted - operative ffpp 28 Feb 97

REASONS FOR DECISION

This was an application by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) for a variation to be made to the Metal and Engineering Industry Award (the Award).

The application followed the recent Full Bench decision of the Commission in matters T6296 of 1996 and T6441 of 1996 which as a test case decision, following agreement between all parties as to proposed draft provisions, granted an entitlement to carer's leave for employees with family responsibilities and facilitative clauses to enable more flexible work practices in the areas of single day annual leave absences, time off in lieu of overtime, make up time and rostered days off.

In line with the Full Bench decision APESMA produced an agreed draft variation to the Award incorporating the draft model provisions endorsed by the Full Bench, but, changed to some degree in order to accommodate the exigencies of the Award.

The APESMA explained the changed draft provisions and submitted that the whole of the variation sought was in accordance with the requirements laid down by the Full Bench. The APESMA also submitted that the variations were not against the Wage Fixing Principles of the Commission nor the public interest.

The Australian Municipal, Administrative, Clerical and Services Union supported the submissions of the APESMA and requested that the application be granted.

The Tasmanian Chamber of Commerce and Industry (the Chamber) confirmed its consent to the proposed changes to the Award especially those parts which by necessity varied from the Full Bench draft model provisions.

The Chamber submitted that the application was in accordance with the requirements of the Full Bench decision and its approval was not against the Wage Fixing Principles of the Commission nor the public interest.

All parties agreed on the date of effect being the first full pay period to commence on or after 28 February 1997.

1 accept the submissions of the parties and the application is granted. The Award will be amended as sought to take effect from first full pay period to commence on or after 28 February 1997.

An order [Correction Order] is attached.

 

P A Imlach
COMMISSIONER

Appearances:
Mr D Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia
Mr I Paterson for Australian Municipal, Administrative, Clerical and Services Union
Mr M Watson, with Ms J Thomas, for Tasmanian Chamber of Commerce and Industry

Dates and place of hearing:
1997
February 28
Hobart