T426 - President - 14 November
Mr Commissioner Gozzi has referred to me a number of issues upon which he has requested a ruling. I have been asked to decide whether or not all or any of the matters he has identified should now be dealt with by a Full Bench. Those matters are conveniently listed on page 30 of his interim decision of 11 November 1986 and are stated to be questions arising as to:-
Having now studied the Commissioner's interim decision I have formed the opinion that the questions raised by him are of sufficient importance to warrant those matters being dealt with by a Full Bench. This will inevitably involve wide-ranging discussion. In view of this, and bearing in mind the sensitive economic climate in which decisions must now be taken, it seems to me this reference might also be used as an appropriate vehicle to facilitate objective debate on the extent to which the controlling authority or his agent should be free to determine, by classification or other means, the level of remuneration for work done by State employees. Sections 3 (5) and (6) of the State Service Act 1984, and Section 32 (5) of the Industrial Relations Act 1984 appear to provide sufficient scope for the Commission to hear argument about, and pronounce upon, its perceived role in dealing with industrial matters, including disputes, affecting State employees. I will therefore convene a Full Bench to consider all of the matters referred to by Mr Commissioner Gozzi and restated by me as items 1 to 8. In addition, pursuant to Section 25 (4) of the Act I will refer to the Bench the general question of the role of the Commission in relation to determination of salaries, salary scales, qualifications for appointments or promotion, disputes and conditions of employment affecting State Employees, as defined. In this way it may be possible to establish clear guidelines for expediting rationalisation (if that be a desirable consequence) of awards covering State employees.
L. A. Koerbin |