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T12597

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T12597 of 2006)

Tasmanian Information Technology Industry Award

 

DEPUTY PRESIDENT SHELLEY

HOBART, 31 March 2006

Award variation - safety net - consent matter - application granted - award varied - operative date ffpp 24/3/06

REASONS FOR DECISION

[1] On 8 March 2006, the Tasmanian Chamber of Commerce and Industry Limited lodged an application, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Tasmanian Information Technology Industry Award.

[2] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Friday 24 March 2006 at 9.30 am.

[3] At the hearing Mr R Rollins appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI). No appearance was entered on behalf of the Tasmanian Trades and Labour Council (TTLC). The TCCI and the TTLC are the only parties to the award.

[4] Oral submissions were presented by Mr Rollins, who told the Commission that the award was negotiated between the TCCI on behalf of its members, including Information Technology Tasmania, and the Australian Services Union and APESMA, with limited involvement from the AMWU. None of those unions has since sought to become a party to the award.

[5] Unusually, at the time the award was made it included projected pay increases. Mr Rollins said that the intention had been to reflect an agreement reached in respect of the professional stream that the wage rates should be equivalent to the rates in the Professional Engineers and Scientists Award by 1 June 2007.

[6] Mr Rollins agreed that, consistent with other awards of the Commission, the Information Technology Industry Award should show the current pay rates only, with future increases being incorporated into the award when such orders are issued.

[7] The instant application is for an increase in the rates operative from 24 March 2006. The parties had previously agreed to the increase, but have not made application before now, because of perceived constraints imposed by the Commission's Wage Fixing Principles. The intention is for the award, in the future, to become "in synch" with other awards of the Commission.

[8] Having heard these submissions I am satisfied that the variations are consistent with the Wage Fixing Principles and the public interest requirements of the Industrial Relations Act 1984 and the award will be varied in the manner sought.

[9] The order giving effect to this decision was issued on 24 March 2006, with an operative date on and from 24 March 2006.

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr R Rollins for the Tasmanian Chamber of Commerce and Industry

Date and place of hearing:
2006
March 24
Hobart