T10411
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Association of Professional Engineers, Professional Engineers and Scientists (Private Industry) Award
Award variation - variation of award - consent matter - application granted - award varied - operative date ffpp 18 September 2002 REASONS FOR DECISION [1] On 10 September 2002, an application was lodged by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) pursuant to s.23 of the Industrial Relations Act 1984, to vary the Professional Engineers and Scientists (Private Industry) Award. [2] The variations sought are to vary Clause 3 - Scope and Clause 7 - General Definitions of Part I - APPLICATION AND OPERATION OF THE AWARD, Clauses 1 - Definitions, 2 - Salary Rates, 3 - Classification Descriptors and 7- Minimum Wage of Part III - SALARIES AND RELATED MATTERS and to insert a new Clause 8 - Supported Wage into Part III - SALARIES AND RELATED MATTERS. [3] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Wednesday 18 September 2002 at 2.30 pm. [4] At the hearing Mr D Pyrke appeared on behalf of the applicant union while Mr J O'Neill appeared for the Tasmanian Chamber of Commerce and Industry Limited. [5] Mr Pyrke told the Commission that agreement had been reached between APESMA and the Australian Industry Group representing employers nationally on a major change to the Federal Information Technology Industry Professional Engineers Award (1999). This change had the effect of extending award coverage and professional rates of pay to two groups of employees, namely, graduates other than engineers who have an information technology major and people with sufficient qualifications and experience to be eligible for admission as a member of the Australian Computer Society. [6] The purpose of the current application, Mr Pyrke said, was to ensure that those classes of employees get the same types of benefits under the Tasmanian jurisdiction as do their counterparts who are subject to the Federal Information Technology Industry Professional Employees Award (2001). [7] Mr Pyrke said that there is no overlap with any other award of the Commission. He said that the application conforms with the current wage fixation principles, in particular, Principle 11 - First Award and Extension to Existing Awards. [8] The date of operation sought is the first full pay period on or after the date of hearing. [9] Mr O'Neill, for the Tasmanian Chamber of Commerce and Industry said that application was by consent, and he supported the submissions put by Mr Pyrke, including the proposed operative date. [10] The application also seeks to include provisions regarding supported wage rates in line with awards of the Commission. [11] Having heard the submissions from the parties, I am satisfied that the Professional Engineers and Scientists (Private Industry) Award should be varied in the manner sought by the applicant and, in approving the application, I am satisfied it is not contrary to the public interest test required pursuant to s.36 of the Act. I am also satisfied that the application conforms with the current Wage Fixing Principle, 11.2, which states:
[12] The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 18 September 2002.
P C Shelley Appearances: Date and place of hearing: |