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T13969

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s59 application to vary an industrial agreement

Minister administering the State Service Act 2000
and
Australian Education Union, Tasmanian Branch
(T13969 of 2012)

POLYTECHNIC AND SKILLS INSTITUTE TEACHING INDUSTRIAL AGREEMENT 2012 

DEPUTY PRESIDENT N WELLS
HOBART, 17 October 2012

DECISION

Industrial agreement –inclusion of proviso to Clause 2 - Application – variation approved – operative date ffpp on or after 17 October 2012

[1] On 9 October 2012, the Minister administering the State Service Act 2000 (MASSA) and the Australian Education Union, Tasmanian Branch (AEU) lodged with the Registrar, pursuant to Section 59(2) of the Industrial Relations Act 1984 (the Act) an application to vary the Polytechnic & Skills Institute Teaching Industrial Agreement 2012.

[2] In specific terms, the application seeks to introduce a new proviso to Clause 2 – Application with respect to permanent employees of the Department of Education who undertake work for the Trade Training Centre during their permanent working hours.

[3] At a hearing on 17 October 2012, Ms S Haas appeared for MASSA.  Ms R Madsen and Ms C Davey appeared for the AEU.

[4] Both Ms Haas and Ms Madsen outlined the process which had led to this application and strongly supported the proposed variation to the agreement.

[5] Following the submissions the Commission asked for and was provided with working examples of how the proposed variation to the agreement would operate.  Following these examples the Commission was satisfied that the proposed variation to the agreement met the public interest test.

[6] Pursuant to s59(2) of the Act, the Polytechnic & Skills Institute Teaching Industrial Agreement 2012 is varied by adding a proviso to Clause 2 – Application as proposed in the application.  This variation is to apply from the first full pay period on or after 17 October 2012.  The order is attached.


N Wells
DEPUTY PRESIDENT

Appearances:
MS S Haas (MASSA)
Ms R Madsen and Ms C Davey (AEU)

Date and place of hearing:
2012
October 17
Hobart