T7053
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union PROFESSIONAL EMPLOYEES AWARD
Award variation - scope - award interest - consent matter - definitions - application granted - award varied - operative ffpp 1 August 1997 REASONS FOR DECISION This amended application, lodged by The Community and Public Sector Union (State Public Services Federation Tasmania) (the applicant), was for the purpose of varying the Professional Employees Award in respect of: · Clause 3 - Scope; · Clause 6 - Award Interest; · Clause 7 - Definitions; and · Clause 8 - Wage Rates, subclause (c) - Qualifications. Ms Strugnell, for the applicant, outlined the specific award variations in Exhibit S.1. Essentially, the application was for the purpose of providing award coverage for certain employees of Tasmanian Development and Resources. Ms Strugnell presented submissions to satisfy s.62(4) of the Act, that Tasmanian Development and Resources (TDR) was a controlling authority within the meaning of s.3 the Act, which states inter alia:
She said the TDR was incorporated under the Tasmanian Development Act 1983 and therefore met the test of a State authority, which is defined under the Act as:
Ms Strugnell then examined the definition of "state employee" which, under the Act, is defined as follows:
Ms Strugnell said that the organisation she represented and the Tasmanian Development and Resources consented to the award being varied in the manner sought and that it satisfied the requirements of s.36 of the Act and the Wage Fixing Principles. The submission presented by Ms Strugnell was supported and endorsed by Mr D Pyrke of The Association of Professional Engineers, Scientists and Managers, Australia and Mr P Leitch of the Tasmanian Development and Resources. The effect of varying the Scope of the award and including TDR as having an interest in the award, means that professional employees (up to Level 5) employed by the TDR, will be covered by the Professional Employees Award. I am satisfied that this category of employee should not be left award free, therefore, I endorse the submissions of the parties. I am also satisfied that the Tasmanian Development and Resources is a controlling authority within the meaning of the Act and is capable of being included in Clause 6 - Award Interest. Given the foregoing, I hereby determine that the Professional Employees Award will be varied in the manner sought and the operative date will from the first full pay period to commence on or after 1 August 1997. The Order giving effect to this decision is attached.
R J Watling Appearances: Date and place of hearing:
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