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Tasmanian Industrial Commission

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T5766

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s29 application for hearing an industrial dispute

The Minister for Public Sector Management
(T5766 of 1995)

and

Australian Liquor, Hospitality and Miscellaneous Workers Union
(Tasmanian Branch)

 

COMMISSIONER P A IMLACH

8 September 1995

Industrial dispute - imposition of bans and strike action -

`INTERIM'
REASONS FOR DECISION

This was an application for a dispute hearing made under Section 29 of the Industrial Relations Act 1984 by the Minister for Public Sector Management (the Minister).

The Minister was in dispute with the Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch) (the Union) over employment conditions for cleaners in TAFE Colleges throughout the State. The cleaners had imposed work bans and had gone on strike.

The Minister sought an order from the Commission that the cleaners cease their action and go back to work: at the time all the colleges were about to close down indefinitely.

The Commission was advised that, following a report of the Auditor-General in May 1993, which indicated that there was a potential for $600 000 to be saved in the TAFE Colleges by the implementation of changed cleaning arrangements, discussions had commenced between the parties with a view of reaching an agreement for improvements and efficiencies in the cleaning of the TAFE Colleges. The discussions were said to have commenced in October 1994 and continued till 15 August 1995 at which time the Union put forward some proposals which were rejected on Friday, 18 August 1995. Without notice the Union imposed bans on Monday, 21 August 1995 and the situation deteriorated further after that.

The Union claimed that the Auditor-General's report was wrong and the re-structuring exercise, whilst it was commenced purportedly for productivity improvement reasons, was really aimed at reducing cleaning standards and increasing the speed of the work. The Union was concerned that outside contractors were being introduced and sought an agreement similar to the one in force in the Department of Education and the Arts.

The Union also said that the Minister had been well aware of the situation and because of the extenuated period of negotiations, the lack of positive proposals and the passing of a number of deadlines, ought to have known what was likely to happen.

The Minister in response said the Auditor-General's report was a catalyst for the re-structuring process to commence but not the directing force; there were a number of other factors behind the review of working arrangements. The Minister said contract cleaning remained an option, but to date it had not been raised in discussions. The Minister also said that the situation of the Department of Education and the Arts could not be likened to the TAFE Colleges.

The Minister pointed out that an agreement between the parties for the status quo to continue during discussions had been extended from March 1995 until the end of December 1995.

The hearing was adjourned and the parties had separate, private discussions with the Commission.

When the hearing resumed the Commission strongly recommended that:-

  • the Minister return within three weeks, with firm proposals as to the re-structuring; subject to

  • an immediate, or as soon as possible, return to work of the TAFE cleaners.

These recommendations were made on the understanding that discussions between the parties, as to the firm proposals, could take place in the meantime, the cleaners were assured of continued employment under present conditions until the end of December 1995, and the Commission would be involved in assisting the parties henceforward.

The parties agreed to report back to the Commission on Tuesday, 12 September 1995 and the hearing was adjourned until then.

The Commission's recommendations were accepted.

 

P A Imlach
COMMISSIONER

Appearances:
Mr C Willingham, with Mr M Cameron and Mrs W Burgess, for the Minister for Public Sector Management
Mr K O'Brien, with Mr D O'Byrne, for the Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch)

Date and place of hearing:
1995
August 23
Hobart