IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This decision deals with applications by the Tasmanian Prison Officers' Association (TPOA) and the Tasmanian Public Service Association (TPSA) seeking a reduction in working hours from 40 to 38 for prison officers covered by the Prison Officers' Award.

The proposed reduction in hours will have application to approximately 170 full-time employees located at the Risdon and Hayes complexes.

Mrs Herbert appearing for the TPOA and speaking to its application on 19 December 1985, gave a detailed run down of the history of events leading up to the negotiations and final agreement. She also advised the Commission that Cabinet had considered and given approval to the agreement and the TPOA was now seeking Commission ratification and appropriate award variations to allow implementation.

In addressing the merit of the application, Mrs Herbert submitted seven (7) exhibits which were explained in detail and relied on, as appropriate, in supporting the claim. One of those exhibits (Ex H7) detailed the agreed proposals for the introduction of the 38 hour week including the award amendments required. A further exhibit (Ex S1) detailing relevant costing information, submitted by Mr Stevens appearing for the Minister for Public Administration, was also explained in some detail by Mrs Herbert.

A summary of the cost offsets achieved by the parties in negotiations and highlighted in Ex S1 is as follows:-

The total nominal cost of the introduction of a 38 hour week is calculated as $202,255.

I was also advised that even though a significant proportion of the total employees affected by this agreement are shift workers, it would not be necessary to appoint additional staff.

Mrs Herbert in her replying submission concluded by indicating agreement to an operative date of 3 February 1986, should the Commission be satisfied that the agreement complied with the requirements of the Wage Fixing Principles.

Mr Huxtable for the TPSA endorsed the submissions of the TPOA and indicated his organisation's total support of the package. He also took the opportunity to compliment the TPOA officials and "Government" representatives who had contributed much time and effort to the job at hand.

A brief summary of the submissions of Mr Stevens and Mr Patmore appearing for the Minister for Public Administration and Mr Willingham for the Minister of Industrial Relations is as follows:-

· the costing document addressed by Mrs Herbert accurately reflected the total cost and cost offsets proposed in reducing working hours for employees covered by the subject award from 40 to 38;

· the cost offsets achieved by negotiation more than satisfy the requirements of the Wage Fixing Principles and in particular Principle 5, Standard Hours;

· there will be no need to employ additional staff as a consequence of reducing working hours;

· the new shift rosters agreed between the parties will ensure no diminishing of security within the prison system;

· the new rosters will also remove a number of existing problems some of which have resulted in industrial disputation in the past;

· the detailed negotiations over a lengthy period of time will do much to improve management/employee relations; a foundation now having been built for the future;

· the date of operation of the award variations and the implementation of reduced working hours to be 3 February 1986.

Having carefully considered the submissions of the parties and the supporting exhibits, I have little difficulty concluding that the package negotiated adequately satisfies the requirements of the Wage Fixing Principles of this Commission. The totality of proposals is therefore endorsed and the award will be varied to accommodate the various cost offset arrangements. The parties are requested to prepare an appropriate draft order varying the award.

The date of operation of the award changes and the commencement of a 38 hour week to be on and from 3 February 1986.

It would be remiss of me in the circumstances not to make some observations about this case before concluding this decision. The atmosphere during the hearing of this matter on 19 December 1985, was indeed a pleasant change from that which existed during most other proceedings over the twelve months or so that I have been involved with the Prison Officers' Award.

If the agreed package is an indication of what can be achieved by the earnest application of the efforts of the parties in the interests of all concerned, I can only commend a continuation of that refreshing development.

Whatever the reasons for the change, I compliment the parties on reaching agreement in this case. The substantial problems that were apparent and foreshadowed during dispute hearings in August 1985 have obviously been the subject of long and detailed discussions. Those problems have now been resolved in the proposed new shift rosters commencing in February along with the introduction of reduced working hours. A very satisfying situation and I trust a sign of things to come.

J G King
COMMISSIONER