T4436 - 14 December
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Tasmanian Public Service Association and The Minister Administering the Tasmanian State Service Act 1984
Industrial dispute - pro-rata recreational leave - "temporary" teacher aides and some school-based administrative employees REASONS FOR FURTHER DECISION Reasons for Decision were issued on 17 August 1993 in relation to the dispute between The Tasmanian Public Service Association (TPSA) and the Minister Administering the Tasmanian State Service Act 1984 (the Minister) concerning the arbitrary reduction of annual leave entitlements of temporary teacher aides as well as some part-time administrative staff who are employed in schools. In my earlier decision I had said that I saw the crux of the dispute as being that a most fundamental right given to a particular group of employees by the old Public Service Board and enjoyed by them for a period of about 10 years had been reduced by the employer without there being any acceptable due process in which they or their representative organisation could be involved in a democratic way. I had also recommended that in settlement of this particular dispute the following should occur: 1. Both the TPSA and the employer make application to the Commission for an award provision to deal with what, if any, recreational leave entitlements should apply and which they each believe is sustainable on all relevant criteria. Such application would address the circumstances which apply in this industrial dispute, and may also address alternative measures such as the payment of some allowance. 2. Until such time as the question of recreational leave entitlement is determined by this Commission the quantum of recreational leave which applied to persons employed by the Department at schools before this dispute arose continue to apply. This should be taken to mean that the granting of paid recreational leave to part-time office assistants and teacher aides should be carried out in a manner which is consistent with the ruling of the Public Service Board on 24 December 1981 and confirmed in Exhibits TPSA5, TPSA7, TPSA8, TPSA9 and TPSA10. 3. It follows that where previously held recreational leave entitlements have been altered, then appropriate adjustments should be made at an early date. At a resumed hearing on 8 December 1993 the TPSA advised that it had complied with my recommendation that it make application for an award variation but that the Minister had refused to observe the previous status quo as recommended. As a consequence the TPSA requested that I issue an Order pursuant to Section 31 of the Act in the same terms as my earlier recommendation. The Commission does not readily issue Orders of the nature sought but relies instead upon the continued observance of the conventions which the majority of parties recognise and accept as being essential to the preservation of the orderly conduct of industrial relations in Tasmania and being also consistent with the public interest and this State's reputation for having a stable industrial climate. In the alternative I suggested that the Minister give serious consideration to guaranteeing that if the TPSA is successful in its application to have made an award variation of the kind sought, then such variation be applied retrospectively. This suggestion was also refused. Since the Commission cannot further assist, the file is now closed.
A Robinson Appearances Date and Place of Hearing: |