T5326 and T5331
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister for Public Sector Management Tasmanian Salaried Medical Practitioners' Society MEDICAL PRACTITIONERS (PUBLIC SECTOR) AWARD
Award variation - Wage Rates - Conditions of Employment - Structural Efficiency Principle - Work Value - consent matter - award varied REASONS FOR DECISION These identical applications were lodged by the Minister for Public Sector Management (the Minister) and the Tasmanian Salaried Medical Practitioners' Society (the Society) for the purpose of completely restructuring the Medical Practitioners (Public Sector) Award. These applications also incorporate and supersede applications T.2652 of 1990 (incorporating TA66 of 1990) and T.3995 of 1992 and continue to have Special Case status arising out of a finding of the President in Anomalies Conference TA66 of 1990. Specifically the applications sought to vary the Medical Practitioners (Public Sector) Award to achieve the following: 1. facilitate the continual pursuance of structural efficiency and workplace reform; 2. discharge the work value claim arising out of TA66 of 2990, thus establishing the starting point for any future work value case as the 1 October 1994; 3. establish a self contained, stand alone award without the need to refer back to other awards or industrial agreements of the Commission; 4. include in the award for the first time classification standards for all levels of employees which prescribe their qualifications, experience, responsibility and direction and supervision; 5. insert new classification levels for Senior Specialist and Senior Registrar including a new salary range; 6. insert a new salary range for all levels within the classification range; 7. conversion of the current award clause prescribing 5 separate hourly rates for on-call into one rate being a percentage payment; 8. create uniform conditions for medical practitioners; 9. align annual leave and sick leave provisions with those applying elsewhere in the community and health services agency. Mr Grant, representing the Minister, took the Commission through the long history associated with the award negotiations which commenced during the latter part of 1989 and culminated in the parties reaching unqualified consent to the variations sought. Mr Grant also tendered exhibit G1 being a draft order in the form of a consolidated award. It was his submission that the award variations outlined in that exhibit represented a significant achievement and the cost of the new award was within acceptable limits as some of the provisions contained in the proposed award resulted in savings for the Department of Community and Health Services. He also contended that the award variations fell within the Structural Efficiency Principle of the Commission and the requirements stipulated in section 36 of the Act. He went on to say that the proposed award would have no adverse effect upon the level of employment, indeed, it would assist the agency to attract and retain sufficient numbers of staff specialists to provide effective care in certain speciality areas. Mr Lowe for the Tasmanian Salaried Medical Practitioners' Society supported the submissions presented by Mr Grant and throughout his submission, encouraged the Commission to adopt the proposals negotiated by the parties. He also submitted that working groups of members of the Tasmanian Salaried Medical Practitioners' Society at both the Royal Hobart Hospital and the Launceston General Hospital were established and those members had contributed positively to the negotiation process. He went on to say that, among salaried medical practitioners serving in the public health care system, there was a high level of ownership of the proposed new award and as a result of the process, it would greatly facilitate the continual pursuit of structural efficiency and workplace reform. Its not my intention in this decision to go over the finer detail of all the submissions, but to say that the parties urged the Commission to adopt their submissions and proposals. It must also be said that during the course of private conference the applicants in these matters took the Commission through every clause contained in the proposed award variations and I am satisfied that they have tried to restructure the award in such a way as to increase efficiency within the public health system and to provide more appropriate career paths for medical practitioners. Whilst understanding that there would be cost implications associated with the adoption of the new proposals, nevertheless, I am prepared to accept the Minister's submission that they are within `acceptable limits' . Nothing was put to me during the course of the hearing that would have me arrive at the conclusion that, by adopting the proposals as outlined in exhibit G1, it would be contrary to the public interest requirements of the Act. For the abovementioned reasons the award will be varied in the manner sought by the parties and the Order giving effect to this decision is attached.
R J Watling Appearances: Mr D Lowe with Dr M Walker for the Tasmanian Salaried Medical Practitioners' Society. Date and place of hearing: 1995
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