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T880

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.880 of 1987

IN THE MATTER OF AN APPLICATION BY THE MINISTER FOR PUBLIC ADMINISTRATION TO VARY THE OFFICERS OF THE STATE FIRE COMMISSION AWARD

   
 

TO AMEND THE TERMINOLOGY TO ACCORD WITH THE STATE SERVICE ACT 1984, AND TO DELETE OLD AND INSERT NEW CLASSIFICATION

   

DEPUTY PRESIDENT A. ROBINSON

HOBART, 13 May 1988

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Minister for Public Administration

- Mr F. D. Westwood and
  Mr J. D. Stewart(14.8.87) with
  Mr G. McCrosson (15.1.88)

   

For the Tasmanian Public Service Association

- Mr N. Buchanan(14.8.87) with
  Mr L Delaney (15.1.88)

   

DATE AND PLACE OF HEARING:

 

14.8.87   Hobart
15.1.88   Hobart

 

On 26 August 1987 I handed down Reasons for Decision in relation to a number of items contained in an application by the Minister for Public Administration.

However one item, seeking an extension of the existing Clerical Officers' scale in Clause 8 of the Officers of the State Fire Commission Award, was held over for two reasons, i.e.

"1. The need to give urgent priority to other substantive award matters; and

2. Insufficient detailed evidence was supplied at the hearing.'

That remaining matter was made the subject of a further hearing and inspections on 15 January 1988, following which decision was reserved.

Transcript in relation to that hearing only came to hand on 19 April 1988, which is an inordinately long period of time and given the stringent tests which must be applied under current wage fixing principles, there was no way in which the evidence and material submitted could have been properly considered until transcript was available.

Until such time as the Commission's resources are improved, it would seem that, regrettably, delayed decisions will continue to be a feature of the present system.

Currently Clause 8 Salaries - contains a general scale (Clerical Officer) which peaks at Class X.

The application seeks to extend that scale in the following manner:

"Add to Clause 8.2 (a) the following:-

Class XI

 
   

First year of service

32925

Second year of service and thereafter

33636

   

Class XII

 
   

First year of service

34342

Second year of service and thereafter

35050

   

Class XIII

36476

   

Class XIV

37889

   

Class XV

39439"

The proposal was put forward as a consent matter, justified on the need to accommodate a revised organisation structure within the administration and finance division of the Tasmanian Fire Service, and the appointment of persons to two newly created positions, i.e. Finance Manager and Senior Administrative Officer.

Approval has been given by the Department of Public Administration for these positions to be appropriately classified at levels equivalent to the Class XIV and Class XII, respectively, in the Clerical Employees Award (as if that Award applied).

It was emphasised that these two positions are totally new. There will be no attempt to simply re-classify officers of the

Commission currently undertaking some tasks which they incorporate in these new position descriptions. The new positions will have to be advertised in accordance with the provisions of the State Service Act.

Principle 12 - First Awards and Extension of Existing Awards was relied upon to support the application.

The employer willingly accepted the onus of proving that an extension of this award to new work of a higher level is necessary on proper criteria.

In particular it was pointed out that substantial change has occurred in the scope of the State Fire Commission's area of responsibility since legislative action was taken in 1979/80 when urban and rural fire services were combined.

Over a period of 7 years the State Fire Service has become an integrated, multi-disciplined structure. It is in fact now the only Statewide fire service in Australia.

As an example of the rapid increase in responsibilities inherited as part of the integrated service it was pointed out that the Fire Service owned 43 buildings in 1979/80. Now the number of owned buildings totals 136, and the number is rapidly increasing, particularly in country areas with the building of new fire stations to house appliances and to provide places for training of volunteer country brigades.

The vehicle fleet, excluding tanker trailers, in 1979/80 numbered 650. Today the figure is 758.

The budget has grown from something slightly less than $10,000,000 in 1979/80 to today being in the order of $24,000,000.

It was submitted that the Finance and Administrative Division of the State Fire Commission provides support services for the entire fire service in the areas of administration, accounting, central stores, property control, personnel and industrial relations, and secretarial services.

The current staffing strength of the Finance and Administration Division is 36 officers, and the division is under the direction and control of the newly created position of Director (Finance and Administration).

Within that division the Finance Services Branch has a total of 10 officers, and is headed by currently the accountant, at a Class X Clerical Officer.

The pay section within that Branch is responsible for the payment of 430 officers on a fortnightly basis, and 710 part-time volunteer officers each quarter.

Those officers form the 31 urban volunteer brigades and the 4 urban permanently staffed brigades.

The Administration Branch of the Division provides the property management, handles personnel and industrial relations matters, and undertakes office and secretarial support services.

Of the 22 officers in the Administrative Branch of the division, 15 are deployed and involved in providing secretarial services to the Commissioner, to the two directors' offices, to divisional offices and to regional administration.

This Branch is directly responsible for 411 permanent personnel (of whom 356 are uniformed and 55 non-uniformed), 958 volunteer urban members, and in the order of 10,000 plus or minus country volunteers.

This Administrative Branch is also responsible for the administration of all buildings within the fire service.

These include fire stations, administrative, workshops, and training buildings; which total 136, with a replacement value in the order of $7.9 million.

Within the Branch also the management of the vehicle fleet of the service is involved; which includes all firefighting appliances, all administrative and technical vehicles, which total 758, with a replacement value in the order of $17 million.

At present, the purchasing and store section responds directly to the Director (Finance and Administration).

This section carries out an important role in the organisation, and is responsible for the bulk of Commission equipment and stock purchases.

In addition, the Commission operates a medium-sized store at Mornington.

The purchasing and store section is manned by a purchasing officer and supported by a clerk and a storeman.

The Finance and Administration Division has remained relatively unaltered in its size since the evolution of the Tasmania Fire Service seven plus years ago.

Because staffing restrictions and reductions have been imposed by government on account of budgetary restraints, the manpower resources available to this division have gradually been reduced.

One particular case quoted was that of the position of Research Officer.

The position of Research Officer has been vacant since 1982, and following representations to the Minister for Police and Emergency Services and subject to the Treasurer, approval was given to increase the full-time equivalent staffing level, thus permitting this position to be filled.

The State Fire Commission said it perceives that the lack of promotional opportunities available to staff within the Administration and Finance Division is a serious problem.

In the last 2 to 3 months, the division has lost two well-qualified and key personnel from the Finance Services Branch who have gone on promotion to another department.

The State Fire Commission is anxious to avoid further losses of personnel.

An integral part of the reorganisation of this division is the need to extend the clerical officers scale within the award of the offices of the State Fire Commission.

It is envisaged by the State Fire Commission that the reorganisation of this division will provide sufficient career opportunities, and in this way it is hoped to retain existing staff and attract staff of a high calibre when required to fill vacancies.

In proposing the new structure for the Finance and Administration Division, the State Fire Commission also wishes to strengthen its support services in the areas of planning and research and computer services.

The Commission has a number of major building proposals to be undertaken in coming years, including the total redevelopment of the Hobart Fire Brigade, at an estimated cost in 1987/88 of between $13 and $14 million.

According to the submission made it is highly desirable and in fact essential that the State Fire Commission has a suitably qualified planning officer to be involved in these projects.

And a classification higher than Clerical Class X would be required to get the person of the right calibre for this position.

The State Fire Commission has made a significant commitment to the computerisation and automation of its administrative, accounting, and operational processes.

It is the State Fire Commission's intention within the next 12 to 18 months to implement a major computer system entitled the 'Brigade Operational Management System', to be known as 'BOMS', which will store and control brigade information and operations on a State-wide basis.

It is believed that this will result in a marked improvement in the Commission's efficiency and effectiveness.

There's also a need to review the administrative and accounting processes and to increase the level of computerisation wherever possible. This is particularly necessary when given the continuing constraints of current staffing levels.

And having regard to these factors, it is seen there is a need to appoint a computer systems officer, possibly of a clerical officer Class X level, to coordinate the computerisation program.

In financial services the State Fire Commission has moved from a simple, single entry cash bookkeeping system of accounting to a fully accrual, double entry commercial system of accounting.

It claims to be one of the few government agencies in Tasmania which has its financial controls exercised in this way.

It has moved from single year budgeting to program budgeting.

It has also moved from a basically manual system of accounting to computerised automated systems of accounting.

DECISION

Given the extent of hard evidence presented I am moved to accepting the genuineness of the proposed extension of the General Scales (Clerical Officer) to provide for the employment of employees up to level XV.

I find it refreshing that in this particular area of the State Service at least, the employer and the organisation representing classifications covered by the award have scrupulously followed proper procedures and presented a well prepared and well documented case seeking an extension of an award scale based upon proper criteria, including wage fixation principles.

The State Fire Commission were at pains to stress that they were not seeking from me an endorsement or either the proposed employment of several new classifications of employees at a high level, or the actual level contemplated.

I confirm as I did during the course of the case's presentation, that my role in this particular case is confined to determining award parameters sufficient to accommodate the levels of skill and responsibilities exercisable by classifications contained in the award under review.

The extension of award scales to permit higher salaries cannot be contemplated under present wage fixation principles except in rare and special circumstances, and the employer was very much aware of the difficulty of achieving its objective in this matter unless it could satisfy all relevant criteria. In particular it was critical of its case that it was not simply seeking to give greater monetary reward to existing employees. Rather the employer was seeking to fill a vacuum created in its organisation following the creation of a greatly

enlarged State Fire Service imposed by legislative change. In fact Tasmania now is unique in that it has the only totally integrated State fire service in the Commonwealth.

There is a demonstrated need to employ new classifications and to extend the award to cover this new work.

The new positions will be advertised and filled on the merit principle.

Principle 12 (b) of the Wage Fixation Principles adopted by a Full Bench of this Commission on 10 March 19871 provides as follows:

"In the extension of an existing award to new work or award free work the rates applicable to such work will be assessed by reference to the value of the work already covered by the award."

and (e) provides:

"The application of this principle is subject to the second tier ceiling."

On the evidence and material presented I am satisfied that the approach adopted by the applicant in this matter is sound and consistent with the Principles.

It is quite clear to me that for the State Fire Commission to maintain proper management control within its service an increased level of skill and responsibility is required to be exercised by personnel yet to be recruited and the award needs to be varied to permit these changed circumstances to be met.

The scales proposed to be inserted in Clause 8.2(b) of the award are those which already exist in the Clerical Employees Award, and have been limited to the second tier ceiling.

Given the vital importance of maintaining an efficient and cost effective State Fire Service I believe the proposal does not offend public interest criteria pursuant to Section 36 of the Act.

For all of these reasons the application is granted.

OPERATIVE DATE

The variation shall have effect from the first pay period to commence on or after the date of this decision. Order

 

A. Robinson
ACTING PRESIDENT

1 T.712, T.665, T.691 and T.675 of 1987