T7225

TASMANIAN INDUSTRIAL COMMISSION

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

The Tasmanian Independent Schools Teachers Association
(T7225 of 1997)

INDEPENDENT SCHOOLS (TEACHERS) TASMANIA AWARD

COMMISSIONER R J WATLING

HOBART, 28 July 1998

Award variation - restructure of award - wage rates - conditions of employment - consent matter - application granted - award varied - operative date 14 July 1998 - file closed

REASONS FOR DECISION

This application was lodged by The Tasmanian Independent Schools Teachers Association for the purpose of varying the Independent Schools (Teachers) Tasmania Award, to restructure the award in accordance with previous decisions of the Commission. In particular, the parties relied on the following wage fixing principles: structural efficiency, arbitrated safety net adjustments and award review process. The variations sought were those outlined in Appendix 1 to this decision.

This matter came before the Commission with the consent of the parties.

Mr Holden, for The Tasmanian Independent Schools Teachers Association, and Mr W J Fitzgerald, of the Tasmanian Chamber of Commerce and Industry Limited, presented submissions in support of the application, during the course of which they addressed the Wage Fixing Principles and the public interest requirements of the Act.

It is not my intention in this decision to traverse those submissions, as they can be found in transcript, but I am satisfied that the amendments sought, and outlined in a draft Order presented by the parties, modernise and reformat the award in a manner consistent with that determined by the Commission. The proposed variations also remove discriminatory and obsolete provisions and attempt to rewrite the award in plain English.

The parties sought an operative date, for any decision arising out of this application, from the first full pay period to commence on or after 14 July 1998, as the draft Order also reflected the safety net adjustment arising out of the State Wage Case decision T7702 of 1998.

In my view, the Wage Fixing Principles have been adopted by the parties in their approach to this application.

Given the foregoing, I hereby determine that the Independent Schools (Teachers) Tasmania Award will be varied in the manner sought and the operative date will be from the first full pay period to commence on or after 14 July 1998. Order

R J Watling
COMMISSIONER

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

Date and place of hearing:
1998
January 27
February 19
Hobart

APPENDIX 1

SUMMARY OF CHANGES TO INDEPENDENT SCHOOLS (TEACHERS) AWARD

PREVIOUS AWARD CLAUSE	NEW AWARD
1. Title	No change
2. Scope	Re-numbered Part I clause 3
3. Arrangement	Re-named "Index" re-numbered Part I clause 2
4. Date of Operation	Amended from 1 August 1983 to 14 July 1998
5. Supersession and Savings	Re-named "Supersession", re-numbered Part I clause 6 Deletion of savings and updating of supersession
6. Parties & Persons Bound	Re-named "Award Interest", re-numbered Part I clause 5. Format amended to meet Award Review criteria and update.
7. Definitions	Re-name "General Definitions" removal of all definitions specific to one Part, to the appropriate Part, in line with Award Review guidelines - Classification Descriptors moved to Part III clause 2
8. Salaries	Re-number Part III clause 3, removal of band 2 rates Inclusion of 1998 Safety Net Adjustment increase of $14, 12 & 10 per week
9. Access to Band 2	Deleted
10. Annual Leave	Re-number Part VI clause 1
11. Appraisal of Performance	Re-named "Teacher Appraisal" re-number Part II clause 5
12. Compassionate Leave	Re-named "Bereavement Leave", re-number Part VI clause 2
13. Dispute Settling Procedure	Re-number Part VII clause 3
14. Due Process	Re-number Part VII clause 4
15. Emergency Teachers	Re-named " Relief Teacher", Re-numbered Part II clause 2
16. Induction	Re-numbered Part II clause 4
17. Leave Without Pay	Re-number Part VI clause 4
18. Occupational Superannuation	Re-name "Superannuation", Re-number Part III Clause 6
19. Parental Leave	Re-numbered Part VI clause 5
20. Part-Time Teachers	Re-numbered Part II clause 2 (b) - included as a category of employment
21. Payment of Salaries	Re-numbered Part III clause 4
22. Professional Development and Teacher Profiles	Re-numbered Part II clause 6
23. Protective Clothing	Re-numbered Part IV clause 1
24. Public Holidays	Re-named "Holidays with Pay", Re-numbered Part V clause 3
25. Redundancy	Re-numbered Part II clause 7
26. Replacement Teachers	Re-numbered Part II clause 2 (d)
27. Sick Leave	Re-numbered Part VI clause 6
28. Special Leave	Re-named "Examination Leave", Re-numbered Part VI clause 3
29. Termination of Employment	Re-numbered Part II clause 3 (a) (v) - included as paragraph of Conditions of Employment
Appendix A	Deleted
Appendix B	Deleted

OTHER CHANGES

1. Inclusion of Hours of Work clause - Part V clause 2

2. Inclusion of Extra Curricular Activities clause - Part V clause 4

3. Inclusion of Carer's Leave provisions - Part VI clause 7

4. Inclusion of Enterprise Flexibility provisions - Part VII clause 1

5. Inclusion of Structural Efficiency provisions - Part VII clause 2

This page was last modified on 27th May 2005.