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Tasmanian Industrial Commission

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T8926

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

Minister Administering the Tasmanian State Service Act 1984
(T8926 of 2000)

Administrative and Clerical Employees Award
Fire Service Award
Inland Fisheries Commission Award
Operational Employees Award
Police Departmental Employees Award
Professional Employees Award
Sea Fisheries Award
Tasmanian Museum and Art Gallery Award
Technical Employees Award
Tourism Tasmania Award

 

FULL BENCH:
DEPUTY PRESIDENT R J WATLING
COMMISSIONER T J ABEY
COMMISSIONER P C SHELLEY

HOBART, 22 December 2000

Award variation - nominated public sector awards - part-time employees and annual increments - application granted - operative 1 March 2000

REASONS FOR DECISION

This amended application was made by the Minister Administering the Tasmanian State Service Act 1984 (the Minister) for the purpose of varying certain nominated public sector awards by omitting, from each of those awards, the current prescription that a part-time employee is not entitled to annual increments until having completed the number of hours that an equivalent full-time employee would have in one year of service.

The intent of the application is to enable part-time employees to receive annual salary increments on the same basis as full-time employees.

Ms Cupit, for the Minister, submitted that, whilst the application was lodged in April 2000, it was not able to be progressed due to the fact that the Tasmanian State Service Regulation 606 (2), titled Conditions of Service, dealt with the same subject matter contained this application.

However, at the time of hearing, the government had rescinded regulation 606(2) by way of the Tasmanian State Service Amendment Regulations 2000.

Ms Cupit advised that the application reflected an agreement between public sector unions and government and was part of the move by the government, in consultation with unions, to modernise work practices to reflect today's diverse workforce.

Ms Cupit requested the operative date of the award amendments be retrospective to 1 March 2000 pursuant to section 37(5)(a) of the Industrial Relations Act 1984.

Ms Strugnell, for The Community and Public Sector Union (State Public Services Federation Tasmania) and The Association of Professional Engineers, Scientists and Managers, Australia, speaking in support of the application, said the award variation sought, would apply to a great number of women in the state service, who value the opportunity to work less hours than a full-time position, and their skills and competence should be recognised in that position on an annual basis and in the same manner as full-time employees.

Mr Lane, for the Australian Education Union, Tasmanian Branch welcomed the move by the Minister to provide annual increments for part-time employees. He said such a change was to the benefit of a vast number of employees and in the long term, to the service.

He contended that it would encourage rather than discourage people to take on part-time work. Further, he was of the view, that employees mostly affected by the application would be women who, he said, still suffer discrimination in the workforce and the current award provision was one aspect of that discrimination.

Mr T Jacobson for the Health Services Union of Australia, Tasmania No. 1 Branch

also supported the application.

FINDING

When deciding applications of this nature the Commission is required to have regard for s.36 of the Act which states:

"(1) Before the Commission makes an award under this Act or before the Commission approves an industrial agreement, the Commission shall be satisfied that that award or that agreement is consistent with the public interest.

(2) In deciding whether a proposed award or a proposed industrial agreement would be consistent with the public interest, the Commission shall -

(a) consider the economic position of any industry likely to be affected by the proposed award or proposed agreement;

(b) consider the economy of Tasmania and the likely effect of the proposed award or proposed agreement on the economy of Tasmania with particular reference to the level of employment; and

(c) take into account any other matter considered by the Commission to be relevant to the public interest;"

Minimal information was put to us on the issues requiring our consideration, however, the Minister's representative, whilst acknowledging there had been no exercise undertaken to fully cost the impact of this application, nevertheless, submitted the government was of the view it would have no negative impact on the economy or the level of employment in Tasmania.

In the circumstances we are of the view that the agreement of the parties should be endorsed and we decide accordingly.

It was submitted that the agreed operative date of this decision should be 1 March 2000.

Section 37(5)(a) of the Act states:

"The Commission may, in an award, give retrospective effect to the whole or any part of the award -

(a) if and to the extent that the parties to the award so agree; or

(b) if, in the opinion of the Commission, there are special circumstances that make it fair and right to do so."

As nothing was put to us during the hearing that would have us conclude that we should depart from that agreed position, we therefore confirm that date.

In due course members of the Commission will issue orders, in their respective areas of responsibility, giving effect to this decision.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Ms S Cupit with Mr T Martin for the Minister Administering the Tasmanian State Service Act 1984
Mr C Lane for the Australian Education Union, Tasmanian Branch
Mr T Jacobson for the Health Services Union of Australia, Tasmania No. 1 Branch
Ms S Strugnell for The Community and Public Sector Union (State Public Services Federation Tasmania) and The Association of Professional Engineers, Scientists and Managers, Australia

Date and Place of Hearing:
2000
December 12
Hobart