T7578
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union GENERAL CONDITIONS OF EMPLOYMENT AWARD
Award variation - General Conditions of Employment Award - insertion of reference to Retirement Benefits Act 1993 and the Retirement Benefits Fund Board into Scope, Award Interest and Definitions clauses - agreed matter - application approved - consent order issued operative ffpp 2.6.98 REASONS FOR DECISION This application was lodged by the Community and Public Sector Union (State Public Services Federation Tasmania) pursuant to section 23 of the Industrial Relations Act 1984, seeking to vary the Scope, Award Interest and Definitions clauses in respect of reference to the Retirement Benefits Act 1993 an the Retirement Benefits Fund Board. Mr Miller, representing the applicant union and nominated unions, submitted that the application was consequent on a previous application in relation to the Administrative and Clerical Employees Award1 and was on all fours with that matter. Mr Fitzgerald, representing the employer, acknowledged the consent position reached in proceedings in December 1997 in respect of the Administrative and Clerical Employees Award, but indicated that before proceeding with a "consent" position in respect of the present application he would seek an adjournment. He said there were some significant changes under way which would ultimately affect the Board2 and which may have some impact on the application. The application for adjournment was granted. The hearing resumed on 1 April 1998; both Mr Miller and Mr Fitzgerald requested an adjournment to enable the parties to have further discussions. On 2 June 1998 Mr Miller reported that after the exchange of documentation between the CPSU, the RBF and the TCCI, there had been agreement and they were now able to indicate consent. Mr Miller tendered a draft order3 incorporating the amendments that had been addressed. Mr Miller said the application, as amended, did not offend the public interest and conformed with the Commission's wage fixing principles. Mr Fitzgerald agreed. After some discussion the parties agreed that the operative date be from the date of hearing on 2 June 1998. The proposed variation adds persons employed under the Retirement Benefits Act 1993 to the Scope clause of the award and makes consequential amendments to the Award Interest and Parties Bound clause. The variation adds the Retirement Benefits Fund Board to the definition of controlling authority. I am satisfied that the consent variation is in the public interest and does not offend the Commission's Wage Fixing Principles. In the circumstances, as indicated to the parties on the last day of hearing, the application is approved and an order reflecting that consent, operative from the first full pay period on or after 2 June 1998, is attached.
F D Westwood Appearances: Date and place of hearing: 1 T7290 of 1997
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