EDUCATIONAL SERVICES (POST-SECONDARY EDUCATION) AWARD 2010

[2010] FWA 9425

[2010] FWA 9425

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

(AM2010/246)

EDUCATIONAL SERVICES (POST-SECONDARY EDUCATION) AWARD 2010
[MA000075]

Educational services
COMMISSIONER SMITH	MELBOURNE, 8 DECEMBER 2010

[1] The following decision, now edited, was issued during proceedings conducted on 26 November 2010.

[2] I have called this matter on of my own motion to deal with an uncertainty that arises in the classification at Schedule C, clause C.4.1(b) of the Education Services (Post Secondary Education) Award 2010. No parties sought to appear or to make submissions.

[3] The issue that arises, contained in clause C.4.1(b), is that the clause refers to a tutor instructor level 2 but the last sentence of the clause states, a “tutor/instructor Level 1 will commence at Level 1 and may progress to a maximum of Level 7.”

[4] This is clearly an error. The award will be varied to remove the uncertainty that exists in that sentence and it will now read, a “tutor/instructor Level 2 will commence at Level 2 and may progress to a maximum of Level 7.”

[5] This variation will make the clause internally consistent and also consistent with the wages schedule.

[6] The award will be varied in those terms and the variation shall operate from 1 July 2010.

COMMISSIONER

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<Price code A, MA000075  PR504757>