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T7053

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Community and Public Sector Union
(State Public Services Federation Tasmania)

(T7053 of 1997)

PROFESSIONAL EMPLOYEES AWARD

 

COMMISSIONER R J WATLING

HOBART, 1 August 1997

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:

" "controlling authority" means in the case of -

(a) .........

(b) .........

(c) .........

(d) any other State employee - the principal officer of the State authority by which that employee is employed;"

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:

" "State authority" means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which, the governing authority, wholly or partly, comprises a person or persons appointed by the Governor, a Minister, or another State authority, but does not include a Government department;"

Ms Strugnell then examined the definition of "state employee" which, under the Act, is defined as follows:

" "State employee" means a person who is employed in an Agency or by a State authority that is not an Agency other than a person -

(a) who is appointed under section 7, 29 or 60 of the Tasmanian State Service Act 1984; or

(b) whose remuneration is specified in any Act, determined under the Statutory Salaries Act 1979 or determined by the Governor under any Act; or

(c) who is a contract employee under section 38 (1) (b) of the Tasmanian State Service Act 1984;"

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
COMMISSIONER

Appearances:
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 P Leitch for the Tasmanian Development and Resources

Date and place of hearing:
1997
July 31
Hobart