TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.55 application for approval of an industrial agreement

Minister administering the State Service Act 2000

and

Australian Workers’ Union, Tasmania Branch
(T14155 of 2014)

AWU PUBLIC SECTOR UNIONS WAGES AGREEMENT 2013

DEPUTY President N WELLS	HOBART, 16 January 2014	

Industrial agreement – application approved – operative from 3 December 2013 until 30 June 2016 – forwarded to Registrar for registration

DECISION

[1]	On 8 January 2014, the Australian Workers’ Union, Tasmania branch (AWU) and the Minister administering the State Service Act 2000 (MASSA) lodged with the Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the AWU Public Sector Unions Wages Agreement 2013.

[2]	At the hearing in Hobart on 14 January 2014, Mr R Flanagan appeared for the AWU and Mr K Grey appeared for MASSA.

[3]	Mr Flanagan advised the content of this agreement was identical to that Public Sector Unions Wages Agreement 2013 (PSUWA) in matter No. T14127 of 2013 which I approved on 3 December 2013 in all aspects other than clause 15 Leave Reserve Matters.  Clause 15 in the AWU agreement allowed for negotiations to continue on the mode of employment and salaries of Trainees covered under the scope of the agreement.  Mr Grey for MASSA supported Mr Flanagan’s submissions on this point.

[4]	Mr Grey stated that the operative date for this agreement should mirror the operative date for the PSUWA which was 3 December 2013.  Mr Flanagan supported Mr Grey’s submissions on this point.

[5]	New matters, as were contained in the PSUWA and are also contained in this agreement include:

•	A job security clause that provides that no permanent employee will be terminated under s44(3)(b) of the State Service Act 2000 during the term of this agreement;
•	An ability for an employee and employer to agree to cashing out of recreation leave in certain circumstances and within certain guidelines.  The parties made detailed submissions as to the intention and operation of this clause;
•	A clause allowing for the transitioning from the personal leave triennium scheme to a personal leave accumulation scheme.  Detailed submissions were also received by this Commission as to the operation and intent of this clause for new employees employed from 1 March 2014 and an ability for existing employees to opt into the new accumulation scheme;
•	Salary increases of 2% per annum or $1,000 per annum, whichever is the greater on the first full pay period on or after 1 December in each year of the agreement’s operation;
•	Classification structure adjustments to Professional Band 2 to align it to General Stream Band 6 at the top end; General Stream Band 5 by the insertion of an additional pay point; to add 0.5% per annum at the maximum of each Band within the structure with effect from the first full pay period on or after 1 December 2014; and to add 1% per annum or a maximum of $750 per annum at the maximum of each Band within the structure with effect from the first full pay period on or after 1 December 2015; and
•	No Extra Claims provisions.
[6]	The agreement provides that negotiations for a replacement agreement will commence not later than 30 April 2016.

[7]	Both parties submitted that it was in the public interest that the agreement be approved and that no employees would be disadvantaged through the approval of the agreement.

[8]	I am satisfied that the agreement is consistent with the public interest requirements of the Act, and does not disadvantage the employees concerned and the term of the agreement does not exceed 5 years.

[9]	Pursuant to s55(4) the agreement is approved with an operative date from 3 December 2013 and shall remain in force until 30 June 2016.  The file will now be referred to the Registrar for registration in accordance with the requirements of Section 56(1) of the Act.

N Wells
DEPUTY PRESIDENT

Appearances:
Mr R Flanagan for AWU
Mr K Grey for MASSA

Date and place of hearing:
2014
14 January
Hobart