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T1308 and T1348

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1308 and T.1348 of 1988

IN THE MATTER OF APPLICATIONS BY THE MINISTER FOR PUBLIC ADMINISTRATION AND THE TASMANIAN PUBLIC SERVICE ASSOCIATION RESPECTIVELY TO VARY THE TASMANIAN MUSEUM AND ART GALLERY EMPLOYEES AWARD

RE: TECHNICAL EMPLOYEE AND LIBRARIAN CLASSIFICATIONS

   

COMMISSIONER R. J. WATLING

HOBART, 15 June 1988

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Minister for Public Administration

- Mr. J. McCabe with
Mr. T. Knight

   

For the Tasmanian Public Service Association

- Mr L. Delaney

   

DATE AND PLACE OF HEARING:

 

18 May 1988 Hobart
25 May 1988 Hobart

 

At the commencement of this hearing, the Tasmanian Public Service Association sought and was granted leave to withdraw their application.

The Tasmanian Museum and Art Gallery Employees Award is a relatively new award of the Commission, only coming into operation on and from 30 October 1987.

In its final decision which established the award (T.143150 of 1985), the Full Bench stated:

"In the event that salary levels now provided for in the award necessarily require extension, then it is of course open to the parties to make application to the Commission.

It should also be noted that we have not included salary scales for Clerical Assistants or Librarians, as Exhibit J1 discloses no employees to whom these scales are applicable."

This application seeks to:

(a) insert in the award, for the first time, salary scales for Librarians so as not to leave award-free the part-time Librarian employed by the Museum; and

(b) extend the salary scales for the Technical Employee classification to cater for a recently created, upgraded position of "Designer".

The Minister for Public Administration was ably represented by Mr. J. McCabe, who relied on Principle 12 of the Wage Fixation Principles to pursue his case.

Librarian

It was Mr. McCabe's submission that the award should contain the following scales:

"LIBRARIAN (as defined)

Salary per annum
$

Class 1

 

Grade 1

 

1st year of service

19732

2nd year of service

20228

Grade 2

 

1st year of service

20723

2nd year of service

21348

Grade 3

 

1st year of service

21348

2nd year of service

22022

Grade 4

 

1st year of service

22728

2nd year of service

23417

Grade 5

 

1st year of service

24105

2nd year of service

24794

Grade 6

 

1st year of service

25483

2nd year of service

26170

 

 

Provided always that a person who is a Graduate and is appointed to a position within this class as a Librarian shall be paid a minimum commencing salary rate as for the 1st year of service of Class I, Grade 2.

Provided also that a person classified within Class I at a Grade which is less than the maximum grade for that class shall, subject to satisfactory service, be advanced by annual increments through each grade until the maximum salary rate for Class I, Grade 6 is reached.

Class II

 

Grade 1

26905

Grade 2

27522

Class III

 

Grade 1

28138

Grade 2

28747

Class IV

 

Grade 1

29364

Grade 2

29981"

However he only tendered evidence to support the position occupied by the sole Librarian employed at the Museum.

This position, he maintained, should attract a salary of Class II-1/II-2.

It was also his submission that a Class I Librarian should hold the qualifications required to be eligible to become an Associate of the Library Association of Australia, or the equivalent thereto.

He stated that a Class II Librarian should, in addition to the requirements of Class I, have at least 4 years practical experience in library work.

The requirements of Associateship of the Library Association of Australia are that the applicant must have completed:

1. A recognised undergraduate award in librarianship (e.g. B.A. in Librarianship)

OR

2. A postgraduate award in librarianship (e.g. Graduate Diploma in Librarianship) PLUS an approved university degree or a comparable award of an institution of tertiary education. A comparable award is normally defined as an Undergraduate 1 or Undergraduate 2 level award from a college of advanced education. Other awards may be accepted, and details of these can be obtained from the Association.

OR

3. The Registration Examination of the Library Association of Australia.

Mr. Delaney, representing the Tasmanian Public Service Association, supported the application.

I am going to grant this part of the application to include salary scales for Librarians in this award, including the qualifications required to be appointed as such.

It has been demonstrated to me that for the functions; primary tasks; level of responsibility; knowledge and qualifications for the job, the position should attract a salary of Class II-1/II-2.

As little evidence was put to me for the need to include additional classes, i.e. Class III and Class IV, I decline to do so at this stage as there is no good and cogent reason for doing so.

Technical Employee - Designer

Mr. McCabe sought to extend the number of classes contained in the Technical Employees scale in this award from Class VIII to Class XIII to cater for a new position created within the structure of the Tasmanian Museum and Art Gallery.

In summary, the reasons for doing so were:

1. The position of "Curator", who was responsible for the management of the display department and to initiate planning; the design and implementation of museum displays; was abolished.

2. The "Designer", who was employed under the classification Technical Employee Class VI-1/VII-2, was responsible to the "Curator", and it was his function to design permanent and temporary displays; design book catalogues and promotional material.

3. The new position created (even though it was still titled "Designer") requires of the employee a vastly different function. The primary one being, the management of the display department. This was initially the role of the curator.

It was Mr. McCabe's submission that the new position should attract a salary equivalent to Class X-1/XII-1 appearing in the Technical Employees Award.

This, he said, would necessitate extending the existing Technical Employees scale in this award.

The TPSA did not oppose this position.

Even though it was suggested that I should include a Class XII-2 and a Class XIII in the award, no evidence was put to me that convinced me of the need to do so.

I accept Mr. McCabe's submission that the new position warrants a salary range of Class X-1/XII-1 of the Technical Employees scale, and for that reason I am prepared to extend the scales as far as is necessary to give effect to this decision.

If, in the future, a new position is created and it is the view of the parties that the salary scale should be extended, then it will be examined on merit at that time.

In granting this part of the application, I am satisfied that the rate is appropriate when assessed by reference to the value of the work already covered by the award.

Operative Date

The operative date of this decision shall be from the first full pay period commencing on or after 15 June 1988.

Order

An Order giving effect to this decision will be included with the Order arising out of applications T.1216 of 1988 and T.574, T.580 and T.614 of 1986.

 

R.J. Watling
COMMISSIONER