TASMANIAN INDUSTRIAL COMMISSION

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

Association of Professional Engineers, Scientists and Managers, Australia
(T8883 of 2000)

PROFESSIONAL ENGINEERS AND SCIENTISTS (PRIVATE INDUSTRY) AWARD

Award variation - Principle 12 - award review process - variation and consolidation - consent matter - application granted - award varied - operative date ffpp 15 May 2000

REASONS FOR DECISION

On 24 May 2000, an application was lodged by Association of Professional Engineers, Scientists and Managers, Australia, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Professional Engineers and Scientists (Private Industry) Award, to give effect to the then Principle 16 - Award Review Process of the Wage Fixing Principles.

When the matter came on for hearing on 10 April 2000, Mr D Pyrke appeared for the applicant and Mr M Watson appeared for the Tasmanian Chamber of Commerce and Industry. The parties indicated that further time was required to enable discussions to take place. That request was granted. The hearing was adjourned until 15 May 2000.

On that day, Mr Pyrke again appeared for the applicant and Mr J O'Neill appeared for the Tasmanian Chamber of Commerce and Industry.

Principle 12.1 states:

"12. AWARD REVIEW PROCESS

12.1 The Commission requires that each award is to be reviewed to ensure:

(i) consistent award formatting;

[ii] removal of discriminatory provisions;

[iii] removal of obsolete or amendment of inaccurate award provisions,

[iv] updating Clause 6 - Parties and Persons Bound (Award interest];

[v] the award is written in plain English;

[vi] inclusion of appropriate facilitative provisions;

[vii] the inclusion of an appropriate enterprise flexibility clause."

The actual variations sought are set out in Appendix1 to this decision.

I am satisfied that the variations, outlined in the draft Order, as amended, presented by the parties as a consent document, are consistent with the Wage Fixing Principles as previously determined by the Commission. I hereby determine that the Professional Engineers and Scientists (Private Industry) Award be varied in the manner sought, operative from the first pay period commencing on or after 15 May 2000.

The Order giving effect to this decision is attached.

P C Shelley
COMMISSIONER

Appearances:
Mr D Pyrke (10/4/00, 15/5/00) for the Association of Professional Engineers, Scientists and Managers, Australia
Mr Mark Watson (10/4/00), Mr James O'Neill (15/5/00) for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2000
April 10
May 15
Hobart