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T9033

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T9033 of 2000)

CATHOLIC EDUCATION AWARD

 

DEPUTY PRESIDENT R J WATLING

HOBART, 22 August 2000

Award variation - Principle 12 - Award Review Process - Restructure, variation and consolidation - consent matter - application granted - award varied - operative date ffpp 8 August 2000

REASONS FOR DECISION

On 6 Tune, an application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by the Tasmanian Chamber of Commerce and Industry Limited (the applicant), to vary the Catholic Education Award to give effect to Principle 16 - Award Review Process of the Wage Fixing Principles.

When the matter came on for hearing on 4 July 2000, Mr P Bevilacqua, for the Tasmanian Catholic Education Employees Association, and Mr D Dilger, for the applicant, requested the hearing be adjourned sine die to enable the parties to finalise the draft orders for presentation to the Commission.

That request was granted.

The matter was relisted for Tuesday, 8 August 2000 at 10.30 am.

At that time Mr Dilger sought and was granted leave to amend the application to give effect to Principle 12 - Award Review Process of the Wage Fixing Principles, as a result of a Full Bench determination in T8413 and T8483 of 1999.

Principle 12.1 states:

"12.   AWARD REVIEW PROCESS

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

(iv) updating Clause 6 - Parties and Persons Bound (Award Interest);

(v) the award is written in plain English;

(vi) inclusion of facilitative provisions;

(vii) the inclusion of an appropriate enterprisefexibility clause."

The actual variations sought are set out in Appendix 1 to this decision.

I am satisfied that the variations, outlined in the draft Order presented by the parties as a consent document, go a long way to modernise and re-format the award in a manner consistent with that previously determined by the Commission

It is also my view that the application is consistent with the Wage Fixing Principles, therefore, I hereby determine that the Catholic Education Award be varied in the manner sought, operative from the first full pay period commencing on or after 8 August 2000.

The Order giving effect to this decision is attached.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr P Bevilacqua with Ms A Bresneshan (4 July 2000) and Mr C Smallbane for the Tasmanian Catholic Education Employees' Association
Mr D Dilger for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2000
July 4
August 8
Hobart