TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s55 application for filing an industrial agreement 

Minister Administering the State Service Act 2000

and

Community and Public Sector Union (State Public Services Federation Tasmania) Inc

and

United Voice, Tasmanian Branch
(T14138 of 2013)

Correctional Officers Agreement 2013

DEPUTY PRESIDENT N WELLS
	HOBART, 23 December 2013	

Industrial agreement – application approved – operative date from registration with exception of first wage increase operative from ffppoo after 1/12/13 – forwarded to Registrar for registration

DECISION

[1]	On 19 December 2013, the Minister administering the State Service Act 2000, (MASSA), the Community and Public Sector Union (State Public Services Federation Tasmania) Inc (CPSU), and United Voice, Tasmanian Branch (United Voice) lodged with the Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Correctional Officers Agreement 2013.

[2]	At the hearing on 23 December 2013 Mr B Charlton appeared for MASSA, Mr M Johnston appeared for the CPSU and Mr L Hills appeared for United Voice.

[3]	Mr Charlton submitted that the agreement previous to this proposed agreement reached its nominal expiry date on 30 June 2013 and this agreement was negotiated to replace that agreement and contained a number of new provisions which included

•	Wage increases of 2% per annum in line with the Public Sector wages policy
•	Productivity payments catered for in the classification structure
•	Reserved matters, cl10
•	Cashing out of annual leave, cl17
•	New Classification structure with transitional arrangements, Appendix 2
•	On-call arrangements for supervisors and managers, Appendix 2
•	Roster flexibility
•	Salary packaging, cl21
•	Job sharing, cl22 and
•	Workplace health and safety, cl23.

[4]	Mr Charlton stated that the Tasmanian Prison Service was continuing to undergo a significant period of change and that the variations required of the operations of the TPS needed to be supported by the relevant industrial instruments.  He submitted that the new proposed agreement supported the required operational change, particularly the new classification structure and transitional arrangements.  He stated the new classification structure created opportunity for employees to expand their experience and role in the workplace

[5]	Mr Charlton submitted that the agreement should operate from the date of registration, with the exception of the first wage increase to be effective from the first full pay period on or after 1 December 2013.

[6]	Mr Charlton advised all relevant provisions from the previous agreement had been carried forward into the new proposed agreement and that the Reserved Matters at cl10 requested the involvement of this Commission by way of a report back at the expiration of 12 months from registration of the agreement.

[7]	It was submitted by Mr Charlton that the Department was committed to implementing the new classification structure in a timely fashion and to this end the parties had proposed meetings in early 2014 to confirm timelines for its implementation.

[8]	Mr Johnston supported the submissions of Mr Charlton and stated the roster arrangements contained in cl10 Reserved Matters were important to employees as the rosters related to minimum staffing levels and safety in the workplace.  Mr Johnston said they were looking at consultative rostering with the respondent.

[9]	Mr Johnston submitted that cl13 Annual Salary to Compensate for Shift Work was a continued arrangement from the previous agreement and provided for a loading of 28% for shift workers, which formed part of their base rate.

[10]	Mr Johnston confirmed that the parties were mindful of the need to monitor the cashing out arrangements for annual leave in cl17 and advised this Commission that the parties are committed to ensuring employees take appropriate periods of recreation leave.  This submission was supported by the respondent and Ms Hills.

[11]	Mr Johnston said the Unions looked forward to working with the respondent on the training related to Progression Arrangements found in cl18 of the agreement and that the understanding reached with the respondent as to part time employment as it relates to Job Sharing was captured in cl20.

[12]	Mr Hills supported the submissions of both Mr Charlton and Mr Johnston and statement that the agreement is in a form that allows involvement of employees in the change process, with the new classification structure allowing for decisions to be made “at the coal face” where they needed to be made.

[13]	All parties to the agreement believed the agreement was in the public interest and commended it to the Commission.

[14]	I am satisfied that the agreement is consistent with the public interest requirements of the Act, and does not disadvantage the employees concerned.

[15]	Pursuant to s55(4), the Agreement is approved and will operate from the date of registration, excepting the first wage increase of 2% which is to take effect from the first full pay period on or after 1 December 2013, and shall remain in force until 30 June 2016.

[16]	The file will now be referred to the Registrar for registration in accordance with the requirements of Section 56(1) of the Act.

N Wells
Deputy President 

Appearances:
Mr B Charlton – MASSA
Mr M Johnston – CPSU
Mr L Hills – United Voice

Date and place of hearing:
2013
December 23
Hobart