IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

The application of the North West Regional Water Authority sought to have the Commission make an Award pursuant to Section 34(1)(b) of the Industrial Relations Act 1984, and such award to be known as the 'North West Regional Water Authority Employees' Award, 1985'.

It was stated by the applicant that they had been placed in the unenviable position of having to rectify a matter that should not have arisen in the first place.

Mr Jarman, representing the Authority, then proceeded to outline the history associated with this matter.

On 19 September 1983, the then Commissioner Koerbin, of the Public Service Board, heard submissions relating to an application made by the Authority for a Provisional Award under the Public Service Act, 1973.

The Authority at the time was cited as a Controlling authority for the purposes of Part V of the said Act.

It was stated that the Provisional Award was an interim measure designed to protect existing salary entitlements, allowances and general conditions, and to protect the interests of employees with respect to their terms and conditions of employment.

The Tasmanian Public Service Association and the Association of Professional Engineers, Australia, agreed with the terms of the claim and were subsequently cited as parties, with the Authority, to the Provisional Award made by the Public Service Board on 19 September, 1983 with an effective operative date beginning on and from the 26^th day of August, 1983.

Mr Jarman submitted that on 3 December 1983, the General Secretary of the Tasmanian Public Service Association wrote to the Director of Industrial Relations, attaching a `draft award' purporting to cover all its members employed by the Authority.

He said, "At that particular time it had been considered appropriate for all Water Authorities to be made party to one award."

On 4 July 1984, the Tasmanian Public Service Association served on the Authority a number of claims seeking to have the Authority joined as a party to the 'parent' awards of the Public Service Board, namely,

Mr Jarman stated that this matter remained dormant until a meeting had been arranged between the TPSA and the Authority which was held in Ulverstone on 10 September 1984, at which time the Union was informed that it was the desire of the Authority to have a single award made covering all its employees.

Mr Jarman stated that, unbeknown to the Authority, the Public Service Board on 11 September 1984 moved, of its own motion, to adopt the claims lodged by the Tasmanian Public Service Association, thereby making the Authority party to all the awards previously mentioned.

Mr Jarman whilst not arguing that the Public Service Board lacked the ability to take that course of action under Section 47(8) of the Public Service Act 1973, nevertheless, strongly criticised this action as it totally ignored the basic tenets of natural justice and industrial democracy as the Authority was denied the right to put an argument in rebuttal, or otherwise.

He stated that they had been denied a right which under normal circumstances, would be afforded to any party before any Tribunal.

On 1 October 1984, the Director of Industrial Relations wrote to the Chairman of the Public Service Board expressing concern at the actions of the Board to move, of its own motion, to cite the Authority under a number of awards arising out of application numbers A973 to A978 of 1984, as the Authority, represented by the Office of Industrial Relations, and the Tasmanian Public Service Association had been negotiating for a single award.

It was submitted that on 17 October 1984, the Director of Industrial Relations received correspondence from the Secretary of the Public Service Board which stated the following:-

"I refer to your memorandum of 1 October 1984 regarding the abovementioned matter and note the contents therein.

It is competent for the Board to list application numbers A973 - A978 of 1984 inclusive for hearing before the Board to determine whether the above mentioned amendments would stand, or otherwise, and I await your advice as to when you would like these matters set down for hearing.

The Board has been in touch with the APEA with respect to the matters you raised concerning that Association."

Mr Jarman explained that this hearing was the first occasion on which they had a chance to place a submission on this matter and it was the claim of the North West Regional Water Authority that there be one award covering its employees. He submitted a draft new award, reflecting that view, for consideration by the Commission.

He submitted that the actions of the Public Service Board on 11 September 1984, had -

Mr Jarman said that, whilst not wishing to appear to deliberately flout the decision of the Public Service Board, the conditions which were applied by the Authority prior to being cited under the various 'parent' awards were still in operation as the Authority held the view (arising out of the correspondence dated 17 October 1984 from the Secretary of the Public Service Board) that no change would be made until applications numbered A973 - A978 of 1984 were brought on for hearing to determine whether they should stand or otherwise.

Mr Jarman also sought clarification on the matter of the Provisional Award and its application to members of the Association of Professional Engineers, Australia as the actions of the Board only affected the Tasmanian Public Service Association and it was presumed that the Provisional Award remained in effect.

It was put to me during the course of the hearing, that the claim -

1. Contained salary scales drawn from various Public Sector awards however, the scope, in most cases, was not as great.

2. Incorporated Conditions of Employment which were already in existence prior to the decision of the Public Service Board on 11 September 1984.

Mr Beckerath, representing the Tasmanian Public Service Association, went into some detail in the earlier part of his submission establishing, by way of exhibits, that the North West Regional Water Authority had been made a party to a number of `parent' awards of the Public Service Board which in January 1985 became awards of the Tasmanian Industrial Commission.

It was Mr Beckerath's belief that the North West Regional Water Authority was challenging the administrative method that was adopted by the Public Service Board when it moved, of its own motion, to make the Authority a party to the `parent' awards.

He said that there was no doubt that the awards which had been determined by the Public Service Board were given legal effect.

Mr Beckerath agreed with the submission made by Mr Jarman, that there had been negotiations between the Public Service Association and the North West Regional Water Authority on draft award proposals but he maintained that negotiations had been conducted on the understanding that the Association members had requested the Public Service Association to proceed with its original intention, ie, to have the North West Regional Water Authority made a party to the parent awards.

In commenting on the application before the Commission, which was for the establishment of a single award covering employees of the North West Regional Water Authority, as outlined in Exhibit J4, Mr Beckerath had this to say -

"Sir, continuing on, as can be seen from Exhibit J4; as advised by Mr Jarman, this is a draft proposal award and Mr Jarman's submission for salaries and classification scales, in particular under Part II - Admin., Clerical, Keyboard, Office Assistants, Supervisors, Field and Maintenance Systems Operators, Operational Staff, Junior Scales, Apprentices Scales - have all been identified by Mr Jarman as lifts from the Public Service parent awards which, of course, the North West Regional Water Authority are already party to. The attempt, of course, is now to rescind those awards and have them re-introduced, in part, again in other form."

He went on to say -

" ... the application before you is merely the inclusion of what already exists in some respects although, be it not as great as what the Public Service Association would like."

Mr Beckerath then went on to point out the Association had a general philosophy of consolidating awards so that all people who were employed in Statutory Authorities or in the Public Service enjoyed the same conditions of service, salary ranges and classifications.

He also pointed out that the Association was quite satisfied with the particular awards applying at present as they adequately covered TPSA members employed in the North West Regional Water Authority.

DECISION

The application before the Commission is to create one award covering employees of the North West Regional Water Authority and it is not an appeal against decisions made by the Public Service Board on 11 September 1984.

Therefore, it is not my intention to canvass all the arguments surrounding the emergence of this application. Suffice to say that I believe, the Public Service Board, prima facie, had the authority, under Section 47(8) of the Public Service Act, 1973 to cite, of its own motion, the North West Regional Water Authority under a number of different awards of the Board.

I would, however, question the wisdom of making awards without giving the parties an opportunity to present submissions either for or against the application or, in relation to the Wage Indexation Guidelines.

The actions of the Public Service Board effectively meant, from 11 September 1984, the following awards applied to the North West Regional Water Authority.

The application of the North West Regional Water Authority, in this case, sought to have the Commission make a single award pursuant to Section 34(1)(b) of the Industrial Relations Act 1984, covering employees of the Authority.

I am conscious of the fact that this hearing was the first occasion on which both parties had the opportunity to present submissions to the Commission on the appropriateness of award classifications and conditions of employment for employees of the North West Regional Water Authority.

Whilst noting the TPSA's general philosophy is to reduce and consolidate a number of awards in the Public Sector, nevertheless, I believe there are going to be occasions where the Commission will be called upon to establish new awards, especially where there are clearly identifiable areas of employment.

I am of the view that the North West Regional Water Authority is one of those clearly identifiable areas and therefore, it is not unreasonable that they should seek the establishment of a single award covering their employees.

This view is further strengthened by the fact (which was put to me during the hearing), that the Authority sought and was granted, exemption by Parliament from being covered by the Tasmanian State Service Act 1984.

I am satisfied that the claim does not contravene the Wage Indexation Guidelines, nor certain provisions of the Industrial Relations Act 1984, as granting the claim virtually confirms, in a single award, wage rates and conditions which, in most cases, are identical to those already in existence.

After considering all the submissions, and as there were no compelling reasons put to me during the course of the hearing to suggest that a single award should not be made covering employees of the North West Regional Water Authority (except engineers), I decide the following:

1. That a new award be established to be known as the "North West Regional Water Authority Employees' Award".

2. The award shall apply to the employment of all persons employed under the North West Regional Water Authority Act 1976, except Engineers.

3. This award shall replace and supersede -

4. The necessary steps shall be taken to withdraw the North West Regional Water Authority as respondent to the abovementioned awards.

5. In the case of Engineers employed by the North West Regional Water Authority, the North West Regional Water Authority Staff Provisional Award shall apply.

6. The parties should also note that, in due course, the Commission will expect to receive an application seeking the inclusion in this award, more detail relating to contractual obligations for employers and employees whose conditions of employment are established under the authority of this Award.

7. The operative date shall be from 1 January 1985.

I am mindful that some wages and conditions of employment pertaining to employees of the Authority, and determined in previous awards, may be slightly different to matters contained in this decision. If this is the case, then I would not expect any employee to be disadvantaged in any way or lose any entitlements through the making of this award.

The Orders reflecting this decision (including the deletion of the North West Regional Water Authority as a respondent to a number of awards) are attached.

R J WATLING
COMMISSIONER

Awards:
Clerical Officers (Public and Mental Health Services)
General Conditions of Service
General Officers (Public and Mental Health Services)
North West Regional Water Authority Employees
Technical Employees