T6130
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister for Public Sector Management Agricultural Officers Award
Award variation - insertion of new subclause into Clause 8 (Salaries) - insertion of salary translation appendices - conditions of employment appendix - application granted - orders to issue operative ffpp 1 March 96 REASONS FOR DECISION This was an application under Section 23 (1) of the Industrial Relations Act 1984 for variations to be made to a number of public sector awards of the Commission (the nominated awards). The Minister for Public Sector Management (the Minister) made the application and after two additional awards were added, by agreement, the nominated awards were: Agricultural Officers Award We were advised that the present application had as its genesis our Decision of 6 February 1996 in a separate but related matter1 in which we decided with the consent of the parties, to vary the Administrative and Clerical Employees Award, the Scientific Officers Award and the Technical Employees Award (the three streams) to include new definitions to incorporate classification standards applicable to various classification levels; an amended scale of salaries applicable to each classification level; a package of agreed conditions of employment changes; and translation arrangements. The intent of the Minister's application in this matter was therefore to have the salary translation processes provided for in the Administrative and Clerical Employees Award, the Scientific Employees Award and the Technical Employees Award (the three streams awards2) attached to the nominated awards as separate appendices. Where appropriate not all three streams were to apply to all the nominated awards. For example, as the Professional Engineers Award exclusively covered engineers employed in the State Service, only the Scientific Employees Award scale which reflected the professional stream from the four streams case T2399 et al, was to apply in that award. Conditions of employment changes flowing from the three streams case dealing with Higher Duties Allowance and Overtime provisions were to be attached to the awards as a separate appendix. It was submitted that this process was the first and most practical step available to the parties and that it was regarded as an interim position. The parties undertook to return to the Commission by 31 May 1996 with draft orders to delete from the nominated awards, administrative and clerical, professional, technical and operational classifications and salary scales as defined in the four streams decision. The date upon which this exercise was to conclude was 30 June 1996. The Minister's representative advised the Commission that the parties were agreed on the variations applied for, which it was claimed would ensure a quick implementation of the classification standards and salary increases provided for in the three stream awards3. In its submissions in support of the application The Community and Public Sector Union (State Public Services Federation Tasmania) contended that there were some awards amongst the nominated awards which applied to employees not covered by the three streams awards (for example, the Survey Officers Award) and hence, for the time being, the nominated awards should remain in force. The Australian Education Union, Tasmanian Branch's representative suggested that there were some differences of opinion as to how the award rationalisation process should occur but endorsed the application as his members were concerned as to their status following the three streams case. The other parties present also indicated support for the application. The parties were agreed that the variations sought, if endorsed, should commence to operate from the first full pay period on or after 1 March 1996. In view of the high degree of consensus between the parties and to assist positively in the implementation of the concept embraced by the four streams case the Commission informed the parties that the application was approved, in principle, subject to the provision of complete draft orders. Upon receipt of agreed drafts, orders will be issued by the Commissioner responsible in each case, all to operate from the first full pay period to commence on or after 1 March 1996. When all orders have been issued the file will be closed. Further applications will be necessary to give effect to the next round of award variations.
Appearances: Date and place of hearing: 1 T5741 of 1995
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