Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T2706 and T3785

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Health Services Union of Australia
Tasmania No. 1 Branch

(T.2706 of 1990)
(T.3785 of 1992)

WELFARE AND VOLUNTARY AGENCIES AWARD

 

DEPUTY PRESIDENT A. ROBINSON

HOBART 4 June 1992

Structural Efficiency and first minimum rates adjustment

REASONS FOR DECISION

These two matters are applications which seek to vary the Welfare and Voluntary Agencies Award by consent in:-

(a) Applying the first minimum rates adjustment, and

(b) Comprehensively restructuring the award as a whole.

Both of these items have been pursued in a manner consistent with current Wage Fixation principles of this Commission determined by successive Full Bench decisions, but more particularly decided on 13 February 19921.

This particular award is established in respect of the following industries:

(a) providing care for children in homes or hostels established for that purpose or in other child care establishments not subject to the Boarding Schools and Student Hostels Award;

(b) providing residential care for intellectually, physically, or sensory handicapped persons in homes or institutions established for that purpose other than those establishments subject to the Hospitals Award; and

(c) providing sheltered workshops, activity therapy centers, and day training centers for intellectually, physically, and sensory handicapped persons in establishments created for those purposes.

Funding of the various establishments within the scope of the award has been a major problem for many years and it is my observation that it has only been through the dedication and commitment of employees and volunteers that the vitally important services which are provided have been maintained at such a high order. No less compassion and understanding has been demonstrated by trade unions party to this award which have very responsibly delayed the delivery of minimum rates increases which have been available to the broader community of workers for a considerable period of time.

Not only has the delivery of the first of such adjustments been delayed to this time, but in obvious recognition of the parlous budgetary situation of the welfare organizations concerned a longer phasing-in period has been agreed to by the parties to this award. And as a consequence the total application of minimum rates adjustments are to be phased in over five (5) six monthly intervals.

I would hope that those charged with the responsibility of making decisions concerning the allocation of public funding to such institutions will take note of the selfless sacrifice which has already been made to this time by those who can least afford it, and who need encouragement and support through the provisions of adequate funding in the very near future.

I turn now to the structural changes to the award made pursuant to the Structural Efficiency Principle.

The changes involve a major revamp of actual award provisions and considerable work has been put into consolidating the award as a whole and making it more consistent and more readable.

It needs to be emphasized that conditions of employment already contained in the award have not been altered in this exercise, save only for the correction of an obvious error pertaining to casual and part-time employment.

A significant feature of the amendments put forward concerns a major reduction in the number of classifications which have been broad banded and based upon the Federal Metal Trades Award model, with proper relativities being established; with the Tradesperson classification being the key 100% bench mark figure.

Clerical and administrative classifications follow rates of pay determined earlier by decision of the President in December 1991, relating to clerical and administrative employees in the private sector. The Federated Clerks Union of Australia, Tasmanian Branch, pointed out that because the full range of possible classifications have not been included to this stage they wish to reserve the right to address this question in the future.

Whilst much has been achieved, as is reflected in the draft order submitted, the exercise as a whole is ongoing, and in particular various definitions still need to be addressed.

However the parties are to be commended on the work they have done to this time and the fact that an agreement has been reached.

I am satisfied that the amendments sought are sustainable on the basis of conformity with Wage Fixation Principles.

Similarly I believe that the proposals are consistent with public interest.

Accordingly the award will be amended as proposed by the parties.

Operative Date:

This variation shall have effect from the first full pay day to commence on or after 29 May 1992.

Order [Correction Order] to follow.

 

A. Robinson
DEPUTY
PRESIDENT

Appearances:
Ms R. Harvey for Health Services Union, Tasmania No. 1 Branch.
Mrs H. Dowd for Federated Clerks Union of Australia, Tasmanian Branch.
Mr M.C. Sertori for Tasmanian Confederation of Industries.

Date and place of hearing:
1992
Hobart
May 29

1 T No. 3584 of 1992