TASMANIAN INDUSTRIAL COMMISSION

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

The Association of Professional Engineers, Scientists and
Managers, Australia
(T8948 of 2000)
(T9318 of 2000)

ARCHITECTS (PRIVATE INDUSTRY) AWARD

Award variation - restructure of award - Principle 12.1 - Award Review Process - consent matter - application granted - award varied - operative date ffpp 13 March 2001

REASONS FOR DECISION

On 6 December 2000, an application was lodged by the Association of Professional Engineers, Scientists and Managers, Australia pursuant to s.23 of the Industrial Relations Act 1984, to vary the Architects (Private Industry) Award and to give effect to Principle 12.1 - Award Review Process of the Wage Fixing Principles.

When the matter came on for hearing on 8 February, 2001, Mr D Pyrke appeared for the applicant and Mr J O'Neill appeared for the Tasmanian Chamber of Commerce and Industry Limited.

For the purposes of the decision and the order this matter was joined with T8948 of 2000, which was an application which began the process of reformatting the award.

"12.1 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 reformatting of the Award is set out in the Order.

I am satisfied that the application is consistent with the Wage Fixing Principles and does not offend the public interest, therefore the award will be reformatted in the manner sought by the parties, including the operative date being the first full pay period to commence on or after 13 March, 2001.

The Order is attached.

P C Shelley
COMMISSIONER

Appearances
Mr D Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia
Mr J O'Neill for the Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing
2001
8 February
Hobart