T210

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

T210 of 1985

IN THE MATTER OF an application by the Tasmanian Public Service Association to vary the GENERAL CONDITIONS OF SERVICE PRINCIPAL AWARD

re : inclusion of the Schools Board of Tasmania as a party to the award

COMMISSIONER R K GOZZI

HOBART, 28 October 1985

REASONS FOR DECISION

APPEARANCES:

For the Tasmanian Public Service Association	- Mr G Philp

For the Schools Board of Tasmania	- Mr M Stevens with Mr G O'Farrell

DATES AND PLACES OF HEARING:

13 September 1985 Hobart

This application, by the Tasmanian Public Service Association (the Association), seeks to vary the General Conditions of Service Principal Award by including, as a party to that Award, the Schools Board of Tasmania (the Board).

The application was supported by the Board.

Mr Philp, appearing for the Association, indicated the following:-

1. The State Service Act 1984, when proclaimed, will have application to employees of the Board.

2. The State Service Regulations are silent with respect to such matters as overtime and travelling allowances.

3. It has always been the practice of the Board to follow the provisions contained in the General Conditions of Service Principal Award.

This is consistent with the powers of the Board, as outlined in Section 46C of the Education Act 1932, which provides that the Board may determine the terms and conditions of employment of the officers it appoints.

Mr Stevens, appearing for the Board, indicated that the Schools Board of Tasmania Staff Principal Award No 3 makes reference to terms and conditions of employment only in the context that they shall be "...in accordance with the terms and conditions for the time being prescribed by the relevant Act or Instrument...".

In that regard, said Mr Stevens, the "relevant Act or Instrument" does not prescribe any conditions.

I was informed by Mr Stevens in the following terms:-

"it was the Schools Board of Tasmania policy to adopt the General Conditions of Service Principal Award conditions.

Basically, what we are seeking to do is to simply legitimise existing arrangements."

Transcript p.9

Mr Stevens also indicated that, in the future, the Board may introduce shift work to better facilitate the flow of work at examination times.

Again, the application of shift work provisions in the General Conditions of Service Principal Award would only mirror the existing policy and practice of the Board.

Decision

In presenting his submission, Mr Philp submitted a draft order, agreed to by Mr Stevens, reflecting the necessary changes required to be made to the General Conditions of Service Principal Award, in the event of this consent application being endorsed by the Commission.

In deciding in favour of the variations requested, I have taken cognizance of the requirements of Section 32(5)(a) and (b) of the Industrial Relations Act 1984 and conclude, on all of the material before me, that the conditions of employment being formally sought are not adequately provided for by Regulation.

Similarly, I am of the view that the application is properly accommodated within Principle 10.

In conclusion, I request that the parties forthwith make application to the Commission to vary the Schools Board of Tasmania Staff Principal Award No 3 to delete those clauses from that award which, as a result of this decision, have become superfluous.

The order reflecting my decision in this matter is attached.

R K Gozzi
COMMISSIONER

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