TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984 s.32(7A) application to rescind an award
Minister for Public Sector Administration
Agricultural Officers Award (T6763 of 1997)
Architects Award (T6764 of 1997)
Foresters Award (T6765 of 1997)
Librarians and Archivists Award (T6766 of 1997)
Professional Engineers Award T6767 of 1997)
Physiotherapists, Occupational Therapists and Speech Pathologists Award (T6768 of 1997)
Psychologists Award (T6769 of 1997)
Scientific Employees Award (T6770 of 1997)
Valuers Award (T6771 of 1997)
Veterinary Officers Award (T6772 of 1997)
Survey Officers Award (T6773 of 1997)
Quantity Surveyors Award (T6774 of 1997)
Tasmanian Dairy Industry Authority Staff Award (T6775 of 1997)
Welfare Workers Award (T6794 of 1997)
COMMISSIONER R J WATLING |
HOBART, 4 April 1997 |
Rescission of awards - operative 7 March 1996
REASONS FOR DECISION
These applications, lodged by the Minister for Public Sector Administration (the applicant), sought to rescind the following awards:
Agricultural Officers Award; Architects Award; Foresters Award; Librarians and Archivists Award; Professional Engineers Award; Physiotherapists, Occupational Therapists and Speech Pathologists Award; Psychologists Award; Scientific Employees Award; Valuers Award; Veterinary Officers Award; Survey Officers Award; Quantity Surveyors Award; Tasmanian Dairy Industry Authority Staff Award; and the Welfare Workers Award.
Ms A Watt, for the applicant, presented a submission to the Commission which, simply stated, identified that employees who fell within the scope of the abovementioned awards were, on and from 7 March 1996, covered as follows:
Award Title |
New Award Coverage |
Agricultural Officers Award |
Professional Employees Award |
Architects Award |
Professional Employees Award |
Foresters Award |
Professional Employees Award |
Librarians and Archivists Award |
Professional Employees Award |
Professional Engineers Award |
Professional Employees Award |
Physiotherapists, Occupational Therapists and Speech Pathologists Award |
Professional Employees Award |
Psychologists Award |
Professional Employees Award |
Scientific Employees Award |
Professional Employees Award |
Valuers Award |
Professional Employees Award |
Veterinary Officers Award |
Professional Employees Award |
Survey Officers Award |
Professional Employees Award and Operational Employees Award |
Quantity Surveyors Award |
Professional Employees Award |
Tasmanian Dairy Industry Authority Staff Award |
Professional Employees Award and Administrative and Clerical Employees Award |
Welfare Workers Award |
Professional Employees Award and Administrative and Clerical Employees Award |
All parties present at the hearing endorsed the submission presented by Ms Watt.
Section 32(7A) of the Act states -
"The Commission may, of its own motion or upon application by an organization and after consultation with such organizations as it considers appropriate, by notice in the Gazette, rescind an award it considers no longer serves any useful purpose."
Having considered the submissions presented during the course of this hearing, I have arrived at the conclusion that the said awards, being the subject of these applications:
a) no longer serve any useful purpose; and
b) their rescission will not leave employees award free.
Given the foregoing, and at the request of the parties, I hereby determine that the following awards be rescinded as awards of the Tasmanian Industrial Commission:
Agricultural Officers Award; Architects Award; Foresters Award; Librarians and Archivists Award; Professional Engineers Award; Physiotherapists, Occupational Therapists and Speech Pathologists Award; Psychologists Award; Scientific Employees Award; Valuers Award; Veterinary Officers Award; Survey Officers Award; Quantity Surveyors Award; Tasmanian Dairy Industry Authority Staff Award; and the Welfare Workers Award;
on and from the 7 March 1996, and I so Order.
The Orders giving effect to this decision are attached.
R J Watling COMMISSIONER
Appearances: Ms A Watt for the Minister for Public Sector Administration Ms S Strugnell 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 Mr C Lane for the Australian Education Union, Tasmanian Branch
Date and place of hearing: 1997 April 3 Hobart |