TASMANIAN INDUSTRIAL COMMISSION

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

Minister administering the State Service Act 2000
and
The Association of Professional Engineers, Scientists and Managers, Australia;
and
Australian Education Union, Tasmanian Branch
and
Australian Municipal, Administrative, Clerical and Services Union;
and
Community and Public Sector Union (State Public Services Federation Tasmania Inc);
and
Health Services Union of Australia, Tasmania No. 1 Branch;
and
United Voice, Tasmanian Branch
(T14127 of 2013)

PUBLIC SECTOR UNIONS WAGES AGREEMENT 2013

DEPUTY President N WELLS	HOBART, 3 December 2013	

Industrial agreement – application approved – operative from date of registration until 30 June 2016 – forwarded to Registrar for registration

DECISION

[1]	On 3 December 2013, the Minister administering the State Service Act 2000 (MASSA), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian Education Union, Tasmanian Branch (AEU), the Australian Municipal, Clerical and Services Union (ASU), the Community and Public Sector Union (State Public Services Federation Tasmania Inc) (CPSU), the Health Services Union of Australia, Tasmanian No. 1 Branch (HSUA) and United Voice, Tasmanian Branch (United Voice) lodged with the Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Public Sector Unions Wages Agreement 2013.

[2]	At the hearing in Hobart on 3 December 2013, Mr F Ogle appeared for MASSA together with Ms J Fitton, Mr P Baker and Mr K Grey.  Mr T Lynch appeared for the CPSU, Mr R Moore appeared for HSUA and Mr C Lane appeared for the AEU.

[3]	Mr Ogle provided a history of the agreement negotiations and detailed the matters which were contained within the “Leave Reserved” clause (clause 15) of the agreement.

[4]	Mr Ogle advised that the parties sought approval of the agreement to operate from the date of registration with a nominal expiry date of 30 June 2016.  Key features of the agreement include the following:

•	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;
•	No Extra Claims provisions;
•	Leave Reserved matters to be dealt with during the life of the agreement, which included matters of Dental Officers (except salaries and classification), leave loading and shift and penalties payable and holiday pay for shift work for employees under the Health and Human Services (Tasmanian State Service) Award (HAHSA) and shift and penalties payable to employees under the Tasmanian State Service Award (TSSA).
[5]	The agreement provides that negotiations for a replacement agreement will commence not later than 30 April 2016.

[6]	The parties agree to vary the HAHSA and TSSA immediately to include the remuneration table which reflects the wage increases encapsulated in this agreement.

[7]	Further, the parties agree to vary the HAHSA and TSSA consequent upon this agreement in the immediate future.

[8]	The Unions had consulted widely with their membership and the agreement was understood and supported.

[9]	Mr Lynch, Mr Moore and Mr Lane all made submissions on the agreement particularly relating to the job security provisions, classification adjustments, cashing out of recreation leave and the transition to the personal leave accumulation scheme.

[10]	All 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.

[11]	Mr Ogle placed on transcript that there were a large number of matters which had formed an agreed statement of outcomes between the parties which would require detailed work of the parties over the life of the agreement and which would result in changes being required in future to the Award and/or Employment Directions.

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

[13]	Pursuant to s55(4) the agreement is approved with an operative date from registration 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 Frank Ogle for MASSA
Ms J Fitton for MASSA
Mr P Baker for MASSA
Mr K Grey for MASSA
Mr T Lynch for CPSU
Mr R Moore for HSUA
Mr C Lane for AEU

Date and place of hearing:
2013
3 December
Hobart