TASMANIAN INDUSTRIAL COMMISSION

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

The Tasmanian Independent Schools Teachers Association
(T7224 of 1997)

INDEPENDENT SCHOOLS (TEACHERS) TASMANIA AWARD

Award variation - wage rates - Safety Net Adjustment - consent matter - application granted - award varied - operative date ffpp 21 October 1996

REASONS FOR DECISION

This application, lodged by The Tasmanian Independent Schools Teachers Association (the applicant), was for the purpose of varying the Independent Schools (Teachers) Tasmania Award, to include the four safety set adjustments determined by the Commission.

Mr D Holden, for the applicant, and Mr W J Fitzgerald, of the Tasmanian Chamber of Commerce and Industry Limited, presented a consent position on the variation to the award.

Mr Holden submitted that the award had not been varied to reflect the three safety set adjustments ($1248.00 per annum), available under the principles arising out of a decision of a Full Bench of the Commission dated 24 July 1996 in matters T6284/6305 etc, nor had the award been varied to include the $10.00 ($520 per annum) safety set adjustment arising out of the State Wage Case decision of the 4 July 1997 in matters T6928 of 1997 and others.

The current Wage Fixing Principles state:

"7. PREVIOUS STATE WAGE CASE INCREASES

7.1 Increases available under previous State Wage Case decisions such as structural efficiency increases, minimum rates adjustments and the three previous $8 arbitrated safety net adjustments will on application continue to be accessible.

7.2 Subject to Principle 7.3 the spacing of increases to awards in accordance with principle 7.1 shall be determined by agreement between the parties to any particular Award or failing agreement by decision of the Commission.

7.3 Increases applied to Awards in accordance with this principle must be applied in such a manner as to ensure that there is no other increase in award wages between the $10 arbitrated safety net adjustment and the first pay period to commence on or after 14 September 1997. This provision may be varied by consent between the parties to any particular Award."

Mr Holden said the agreed position of the parties in this matter conformed with the above mentioned principle.

Mr Holden also contended that only smaller schools falling within the scope of this award (approximately two percent) would be affected by any increase arising out of this application. He said that all other schools were covered by an enterprise bargaining agreement, registered with the Commission pursuant to s.55 of the Act. These agreements, he said, contain wage rates in excess of those appearing in the award, even if the four safety set adjustments, being the subject of this application, were granted.

Mr Holden also submitted that the organisation he represented was committed to a review of the award in the context of:

• consistent award formatting;

• removal of discriminatory provisions;

• removal of obsolete or amendment of inaccurate award provisions;

• updating Clause 6 - Parties and Persons Bound;

• re-writing of the award in plain English;

• the appropriate use of facilitative provisions;

• the inclusion of an appropriate enterprise flexibility clause.

Mr Fitzgerald of the Tasmanian Chamber of Commerce and Industry Limited supported the submissions presented by Mr Holden in this matter. He informed the Commission that his organisation's support for the application was also endorsed by the Association of Independent Schools Tasmania.

I am satisfied, having heard the submissions of the parties, and noting the degree of consent in support of the application, that the award should be varied in the manner sought by the applicant, as it conforms with the Wage Fixing Principles and the public interest test required pursuant to s.36 of the Act.

The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 21 October 1997.

R J Watling
COMMISSIONER

Appearances:
Mr D Holden for The Tasmanian Independent Schools Teachers Association
Mr W J Fitzgerald for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1997
October 21
Hobart