IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Submissions going to the merit of this application were heard by the Commission on 4 April 1985.

At the outset of proceedings, Mr T Collins for the Australian Transport Officers' Federation (ATOF), with Mr P Johnson sought to intervene.

Mr Collins sought intervention on the following grounds:-

• to bring to the attention of the Commission certain developments in the Federal Commission.

• that a dispute had been found in that jurisdiction following the service of logs of claims.

• that part of the settlement of that dispute could be the making of a Federal Award covering Road Safety Officers the subject of these proceedings.

• that further proceedings, a decision or order in this matter could be in conflict with the Federal matter.

• that industrial disharmony could follow a conflicting decision leading to competition for membership.

Mr Geursen for the Tasmanian Public Service Association (TPSA) opposed the intervention, and relied on the non registration of the Australian Transport Officers' Federation in accordance with the requirements of the Industrial Relations Act 1984 to support his objection.

I decided the matter as follows:-

"With some reluctance, I do accept the submission of the TPSA, and in those circumstances feel that I cannot grant the intervention, Mr Collins. If you wish to remain in the body of the Court, that is your prerogative."

In speaking to the application, Mr Geursen indicated that its primary purpose was to achieve award coverage for nine Road Safety Officers presently employed by the Transport Department. The appropriate award to which they should be bound, he submitted, was the current Police Departmental Employees' Principal Award. Should the application be successful then certain consequential variations should follow including a change in the award title.

Mr Geursen then went on to outline the history of Road Safety Officers commencing in 1971, and highlighted some of the problems that history had created for the TPSA. He advised that since 1 July 1983, when the Officers were transferred back to the Transport Department, they have been award free.

He submitted that the Transport Department is clearly a controlling authority for the purposes of the Industrial Relations Act 1984.

As Road Safety Officers are State employees for the purposes of that Act, he relied on Section 34(2) to support his claim. Section 34(2) reads:-

"The Commission shall make awards under this Section so that provision is made in some such award for the classification of every State employee and every officer or position in a Government Department or a State authority."

It was Mr Geursen's submission that the application could be processed in accordance with the Wage Fixation Principles, and in particular, Principal 10(b) which reads:-

"(b) In the extension of an existing award to new work or to award-free work the rates applicable to such work will be assessed by reference to the value of the work already covered by the award."

At Page 14 of the transcript, Mr Geursen submitted as follows:-

"No doubt one of the submissions will be from the Transport Commission, that they would prefer to have people covered by the minimum number of awards.

Our information is - going from the Annual Report of 1982/83 of the Transport Commission - that there are at present three Federal Awards, twelve State and two industrial agreements. So there are already in existence a number of awards for sections of employees in the Transport Commission."

he concluded his primary submission as follows:-

"Finally Sir, our submission is that the employees have demonstrated their clear intention to remain PSA members and to this end seek to remain in the State Industrial relations system."

(Transcript Pages 18 and 19)

In going to the submission of the Transport Commission, I believe two brief quotations from the transcript of proceedings concisely summarise its position in this matter. Mr Stuart for the Transport Commission on Page 19 is reported as follows:-

"We are concerned with harmony within the establishment and we are finding that in some of our uniformed officers, namely the Transport Inspectors and the Road Safety Officers, there are some minor difficulties.

We feel we would be best served with both parties respondent to the one award and in such circumstances we leave it here today, I suppose, to the judgement of these people. If they wish to remain where they are, well that is a matter for the court to decide but..."

and on Page 22

In reaching a decision in this matter, it is unfortunate that the Transport Commission could not, or did not put an argument on the merit. In such circumstances, I cannot help but feel that the determination of this application will be based on little more than half the story. Having said that, it is true that a number of important facts are known to me from the submissions.

It would seem to me that the main considerations in this case, not necessarily in the order of their importance, are:-

(1) The requirements of the Industrial Relations Act 1984;

(2) The National Wage Principles;

(3) The industrial realities;

and I will deal with those considerations in that order.

Section 34(2) is clear in its requirement that the Commission shall make awards covering every officer in a Government Department or State Authority.

It seems to me that I could decide this matter on the basis of the requirements of Section 34 of the Industrial Relations Act 1984 alone. However, I feel it important to also deal with (2) and (3) above.

I accept the submission of the TPSA that this application, if otherwise acceptable to the Commission, can be dealt with under Principle 10(b). While the officers concerned are award free, their classifications and salary rates have been derived from the Police Departmental Employees' Principal Award since 1977. The award already contains the classifications and salaries, the claim simply seeks to extend the award to a group of award free employees. There is no claim to change existing salary levels.

While the employer has expressed a preference for the same award and union coverage of its staff, it has done little more than that in proceedings before me. Some minor problems were alluded to, both in the past and foreshadowed. However, for these considerations to carry any real weight, they would require a full and detailed submission supported by evidence.

Whether or not a Federal Award may ultimately be made from the current proceedings before the Australian Commission does not influence my considerations in these proceedings. If the Australian Commission ultimately decides in favour of the ATOF and makes an award covering these employees, it will in any case take precedence over any award I might make.

One final important consideration in determining a claim such as this is the wishes of, and current union membership of the officers concerned. I was advised by the TPSA the nine officers are currently their members, that they seek to remain TPSA members, and part of the State Industrial relations system. This advice was not challenged.

It is my decision that the Police Departmental Employees' Principal Award be varied to provide coverage for the Road Safety Officers the subject of this application. The applicant in consultation with the Transport Department to prepare a draft order reflecting the necessary changes to the award.

The variations to operate from the first pay period commencing on or after 8 May 1985.

J G King
COMMISSIONER