IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

An application seeking changes to the Police Departmental Employees and Road Safety Officers Award (the Award) was lodged with the Registrar on 4 September 1985. The application sought variation to the Award as follows:

`Technical Officer' shall mean an employee required by the controlling authority to perform duties of a technical nature ..."

The application was listed for consideration by the Commission on 11 September 1985. During proceedings on that day, Mr Philp for the applicant the Tasmanian Public Service Association (TPSA) submitted that:

• in relation to the first claim the Public Service (Conditions of Service) Principal Award no longer existed. Any references to it therefore was no longer appropriate and the relevant award was now the General Conditions of Service Award;

• the change in award reference was simply a machinery matter which did not change entitlements to members in any way;

• claim 2 sought to correct a situation where employees covered by this award received a lesser payment for call out than public sector employees generally, ie payment at four hours at time and one half compared to payments elsewhere at four hours at the appropriate overtime rate;

• this claim was debated before the Public Service Board in 1982 and granted at least in part by a decision of Commissioner Koerbin dated 4 May 1982. However it would appear an omission from the ensuing order resulted in no variation to the award being made;

• claim 2 can be processed in accordance with Principle 11 - Conditions of Employment;

• the cost of the claim is minimal; and

• the date of operation of any award variation should be the date of Commissioner Koerbin's decision, ie 4 May 1982;

• while broad agreement had been reached between the parties in relation to claims 3 and 4 it is acknowledged that there are difficulties with the National Wage Principles in seeking such changes to the award;

• consequently the parties are agreed that the subject matter should be referred to the anomalies conference through the appropriate channels.

Mr Fisher appearing for the Commissioner of Police and Mr Westwood intervening on behalf of the Minister, indicated general agreement to the TPSA resume of the position reached by the parties. A brief summary of their position was:-

In the light of the above the only matter that requires consideration by me is the agreement to claim No 2. The application if acceded to has the effect of providing a minimum payment of four hours at the appropriate overtime rate for each and every call. While some Public Sector awards do in fact contain such a provision I am not aware of how they were inserted in those awards. Certainly I was not advised during the hearing of this application.

The 1982 decision of the Public Service Board awarded the first call out at the appropriate overtime rate but the status quo being maintained for second and subsequent calls. (Decision not implemented.)

In the absence of more detailed submissions from the parties I am of the opinion that the Call Back payments provided in the General Conditions of Service Award are the appropriate ones to be inserted in the Award and decide accordingly.

It is my view that this decision does not offend the National Wage Principles and in any case it could be said that generally the changes are an implementation of a Public Service Board decision of May 1982.

The date of operation of the award variations will be from the first pay period commencing on or after the date of this decision, an order reflecting those changes is attached.

J G King
COMMISSIONER