TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T10525 of 2002)

The Association of Professional Engineers, Scientists and Managers, Australia
(T10520 of 2002)

Professional Engineers and Scientists (Private Industry) Award

Award variations - wage rates and conditions of employment - consent matters - application granted - award varied - operative dates ffpp 7 November 2002 and 1 January 2003

REASONS FOR DECISION

[1] On 4 November 2002, applications were lodged by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), and by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) pursuant, to s.23 of the Industrial Relations Act 1984, to vary the Professional Engineers and Scientists (Private Industry) Award.

[2] T10525 sought to vary the conditions of employment in the following clauses:

• Clause 3 - Scope of Part - APPLICATION AND OPERATION OF THE AWARD

• Clause 7 - General Definitions of Part I - APPLICATION AND OPERATION OF THE AWARD

• Clause 1 - Definitions of Part III - SALARIES AND RELATED MATTERS

• Clause 2 - Salary Rates of Part III - SALARIES AND RELATED MATTERS

• Clause 3 - Classification Descriptors of Part III - SALARIES AND RELATED MATTERS

[3] T10520 sought to vary the conditions of employment in the following clauses:

• Clause 3 - Termination of Employment of Part II - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS

• Clause 4 - Disclosure of Qualifications of Part III - SALARIES AND RELATED MATTERS

• Clause 5 - Notification of Salary and Classification of Part III - SALARIES AND RELATED MATTERS

• Clause1 - Fares, Travelling Expenses and travelling time of Part IV - ALLOWANCES

• Clause 2 - Vehicle Allowance of Part IV - ALLOWANCES

• Subclauses (a) and (b) of Clause 1 - Annual Leave of Part VI - LEAVE AND HOLIDAYS WITH PAY

• Clause 2 - Annual Leave Loading of Part VI - LEAVE AND HOLIDAYS WITH PAY

• Clause 5 - Holidays With Pay of Part VI - LEAVE AND HOLIDAYS WITH PAY

• Clause 7 - Sick leave of Part VI - LEAVE AND HOLIDAYS WITH PAY

• Clause 1 - Equipment and Special Clothing of Part VIII - OCCUPATIONAL HEALTH AND SAFETY, TOOLS AND AMENITIES

• Clause 2 - Professional Development of Part VIII - OCCUPATIONAL HEALTH AND SAFETY, TOOLS AND AMENITIES

• Clause 1 - Professional Employee's Representative of Part IX - AWARD COMPLIANCE AND UNION RELATED MATTERS

[5] A hearing commenced on Thursday, 7 November 2002 at 9.15 am at which the matters were joined. Mr D Pyrke appeared for The Association of Professional Engineers, Scientists and Managers, Australia and Mr J O'Neill appeared for the Tasmanian Chamber of Commerce and Industry Limited.

[6] Mr O'Neill gave oral submissions in support of T10525, explaining that the order sought to delay the effect of Order No. 2 of 2002, T10411. Mr Pyrke agreed that it was a consent matter.

[7] Mr Pyrke told the Commission that agreement had been reached between APESMA and the Tasmanian Chamber of Commerce and Industry Limited regarding the changes to the award in T10520, which extends and clarifies the changes already made in T10411 of 2002.

[8] Having heard the submissions from the parties, I am satisfied that, in view of the exceptional and unique circumstances, that the applications are in the public interest and comply with the Wage Fixing Principles.

[9] The orders giving effect to the variations to come into effect from the first full pay period of 1 January 2003 [T10520 and T10525] will be issued towards the end of December 2002.

[10] The order giving effect to the variations to come into effect from the first full pay period of 7 November 2002 is attached to this decision.

P C Shelley
COMMISSIONER

Appearances:
Darryl Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia
James O'Neill for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2002
November 7
Hobart