TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s55 application for the approval of an industrial agreement

Minister Administering the State Service Act 2000
The Community and Public Sector Union
(State Public Services Federation Tasmania)
Australian Education Union, Tasmanian Branch
Health Services Union of Australia, Tasmania No. 1 Branch
(T10549 of 2002)

TASMANIAN STATE SERVICE NATIONAL TRAINING WAGE
AGREEMENT 2002

Industrial agreement - agreement approved - operative ffpp 28 November 2002 - for a period of one year - forwarded to Acting Registrar for registration

REASONS FOR DECISION

[1] This application was lodged by the Minister Administering the State Service Act 2000 (the Minister), the Community and Public Sector Union (State Public Services Federation Tasmania) (the CPSU), the Australian Education Union, Tasmanian Branch (the AEU), and the Health Services Union of Australia, Tasmania No. 1 Branch (the HSUA) for approval of the Tasmanian State Service National Training Wage Agreement 2002.

[2] The objective of the agreement:

"... is to assist in the establishment of a system of traineeships within the Tasmanian State Service, which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. Existing employees will not be displaced from employment by trainees. Nothing in this Agreement is to be taken to replace the prescription of training requirements in the relevant award and the State Service Act 2000 and Regulations."

[3] Mr T Pearce, representing the Minister, contended the agreement was almost identical to the previous agreement registered with the Commission1, but for the variations to the wage rates, which have been increased to reflect the 2002 State Wage Case decision2 handed down on 11 July 2002.

[4] In addition, Mr Pearce submitted that the wage rates contained in the agreement were consistent with the wage rates appearing in the National Training Wage (Tasmanian Private Sector) Award.

[5] Mr Pearce also presented submissions to the Commission in support of his contention that the agreement was consistent with the public interest test required under the Industrial Relations Act 1984 and the Wage Fixing Principles.

[6] Mr T Kleyn, for the HSUA, and Mr R Miller, representing the CPSU(SPSFT), supported the submission of Mr Pearce.

[7] Having considered the submissions of the parties, I now approve the agreement as it does not offend s.36 of the Act, and is consistent with the Wage Fixing Principles. It will be operative from the first full pay period on or after 28 November 2002 and shall remain in force for a period of one year

[8] The agreement will now be referred to the Acting Registrar in accordance with the requirements of s.56(1) of the Act.

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr R Miller for the Community and Public Sector Union (State Public Services Federation Tasmania)
Mr T Kleyn for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr T Pearce with Mr I Wilcox for the Minister Administering the State Service Act 2000

Date and place of hearing:
2002
November 28
Hobart

1 T9842 of 2001
2 T10230, T10288 and T10289 of 2002