T3969
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister Administering the Tasmanian State Service Act 1982 FIRE BRIGADES AWARD
Award variation - application to vary Fire Brigades Award - applicant requested application be joined with part-heard matter T2594 of 1992 - request denied REASONS FOR DECISION The abovementioned application was lodged by the Minister administering the Tasmanian State Act 1984 on 28 August 1992 and has now been assigned to me for hearing and determination pursuant to Section 15(1)(a) of the Act. Before such assignment occurred the parties involved in matter T2594, being a claim by the United Firefighters Union of Tasmania (UFU) for new career paths and salary structures to be inserted in the Fire Brigades Award which is substantially part heard, debated whether or not this recent application by the Minister should be joined to application T2594 of 1990 and sought a ruling from me. The particulars of the Minister's recent application state that, inter alia, it is to "vary the Fire Brigades Award in accordance with decision T2399 of 1990 and T2954 of 1990". I am rather perplexed in this regard because application T2399 of 1990 is an application by the Tasmanian Public Service Association to vary a comprehensive list of nominated public sector awards but application T2594 of 1990 is an application by the UFU for a new career structure for certain of its members only. And, whereas the first mentioned matter (and others) are still before the Public Sector Full Bench, T2594 of 1990, which certainly was originally before the public sector Full Bench, was subsequently assigned to me for hearing and determination on 4 December 1991. I also note that in its "Further Interim Decision" of 29 November 1991 the public sector Full Bench stated at page 3 that, inter alia:
Accordingly I can find no support either in the above quote or in any of the series of decisions of the public sector Full Bench for the notion that I should join recent application T3969 of 1992 to the already substantially part-heard application of the UFU. Whilst I can appreciate and accept that the Wage Fixation Principles of this Commission must be considered as a whole before deciding any industrial claims the Act gives to the Commission the right to regulate its own procedure and so far as I am concerned this depends very much on the circumstances of each case. Obviously there has been more than ample opportunity for the Minister and the UFU to negotiate a package incorporating both wage rates and conditions of employment at the enterprise level if that was desired, but now that the only avenue of resolution is arbitration I am not prepared to consider a plethora of items which have been submitted at this late stage until after matter T2594 of 1990 is concluded and a decision issued. Having ruled upon this question matter T2594 of 1990 may be relisted for an early resumption. The parties are to confer and advise the Commission of dates which suit.
A Robinson Appearances: Date and place of hearing: |