IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This decision concludes consideration of a number of matters contained in an application received by the Industrial Registrar on 4 September 1985. It deals with an agreement reached between the parties to the Police Departmental Employees and Road Safety Officers Award (the Award).

The parties seek to include salary scales for Radio Technicians and appropriate definitions in the Award.

The balance of the application was settled by a decision of the Commission as presently constituted dated 7 October 1985.

The matters the subject of this decision were first considered in proceedings before the Commission 25 November 1985. On that day inspections were conducted and evidence and submissions presented in support of the application. A decision was reserved at the conclusion of proceedings.

Following consideration of all of the information before me at that time, I advised the applicant that I was having difficulty in arriving at a decision and invited the presentation of further information. This was done in proceedings on 20 May 1986.

The original application in this matter sought the inclusion in the Award of salary scales for Technical Officer ranging from Class I to Class XIX. The bottom salary of Class I being $14279 and the top of Class XIX $32032 (salaries quoted are pre the 3.8% National Wage Decision of November 1985).

This part of the application was varied in proceedings on 25 November 1985 (Exhibit P1) and again on 20 May 1986 (Exhibit P2). The amended application going to definitions and salaries now reads:

As indicated earlier, the parties are in agreement that the above should be included in the Award.

The current salary range for the three officers affected by this claim is:

The senior officer to whom the employees are responsible is classified as Principal Technical Officer - Communications Section with a current salary range of $26856 - $27798.

If the award variations are endorsed by the Commission, the three officers will be reclassified to the 3^rd, 4^th and 5^th year of service of the Radio Technician scale respectively.

The parties to the Award supported by Mr Jarman intervening in accordance with Section 27 of the Industrial Relations Act 1984, submitted that the award changes sought fell squarely within the parameters of principle 4 - Work Value Changes.

The primary submission of the advocates was that substantial technological changes since 1981, but particularly since 1983, had occurred changing the nature of the work the skill and responsibility required. The changes were such that the employees had required substantial internal and external training to enable them to effectively undertake the new tasks required.

In dealing with the background of this matter, Mr Jarman referred at length to a decision of Commissioner Koerbin as he then was following a similar claim being lodged with the Public Service Board. The Commissioner in that 1982 decision dismissed the claim which, as in this case, was lodged to put into effect a position agreed between the parties.

Mr Jarman referred to a number of conclusions reached by the Commissioner and put his views as to the relevance of them to this case. He conceded that as there had been increases in salaries of a non economic nature in 1981 a further claim in 1982 was "a little close to the previous adjustment in 1981, however we are some years away from that date now."

It seems to me that if the parties had serious misgivings about the decision of Commissioner Koerbin at the time, appeal proceedings would have been instigated. In any case this matter cannot be conducted as a review of the Commissioner's decision or a belated appeal.

As indicated earlier the parties submitted that work value changes since 1981 and particularly since 1983 justified the new salaries.

A summary of those changes as outlined by witness Harper the Principal Technical Officer - Communications Section is:

• major changes in radio technology have occurred in the last three years, particularly following the change by Tasmanian Police from analog to digital technology;

• radios are now controlled by digital technology which has markedly increased their functions from the limited analog technology;

• the technology change has resulted in a rapid learning of new theories by the staff to enable them to perform the new functions required for maintenance and installation;

• a change to "the float battery system" has meant a significant increase in knowledge required to understand sophisticated battery charging apparatus compared to the cruder chargers of yesteryear;

• encryption radios and telephones have been introduced in sensitive areas; these devices are crammed full of micro processor digital systems working on fixed programmes, all requiring new techniques and skill in fault finding and repair;

• new soldering and desoldering techniques and the introduction of special irons and constant temperature tips to cope with compact circuitry has required training and acquisition of new skills;

• training has been undertaken as follows:

(a) a four week course at the Telecom Training Centre covering subjects such as; Basic Computers, Digital Theory and Digital Techniques.

(b) A one week course with Motorola on a Digital Voice Privacy Course dealing specifically with encription handheld sets.

(c) A two week course with Racal on the encription telephone.

(d) A one term, 12 nights, 3 hours per night course at Hobart Technical College on Advanced Soldering and Desoldering.

(e) A one week period of training conducted by Victoria Police on the speed gun technology.

• working in conjunction with the special Weapons Squad and in anti-terrorist situations has involved training and the use of complex communication equipment;

• officers are now required to give lectures to new recruits and existing police staff at the Police Academy.

In relation to the definitions sought to be included in the Award, I was advised that they were a direct lift from the Police Award. It was not possible to make proper comparisons with officers working within those definitions under that award. They in any case are paid in accordance with Police Officer scales. However it was submitted that the inclusion of the agreed definitions would not cause problems elsewhere within the Public Sector.

Having dealt with the work value changes, the parties then addressed the question of appropriate salaries to properly reflect current work requirements. To that end I was advised that the then Public Service Board in 1983 had reclassified a similar position in the Mines Department. The resultant salary scale and one for the officer doing similar work at the State Emergency Service had been used as a guide. Other broader comparisons were made with Telecom and the Hydro-Electric Commission.

Having given careful consideration to the submissions, exhibits and evidence, I generally accept that work value changes warranting a review of salaries have occurred; particularly since 1983. The changes are sufficient to warrant the introduction of a new classification with an appropriate salary scale.

The salary scale proposed by the parties has eight (8) increments which in my view is excessive or generous to say the least. I accept the proposed rate for 1^st year of service as being appropriate, therefore the new scale will commence at $19327. I believe an appropriate incremental scale would be one containing five (5) steps.

Having decided those matters, it then leaves for consideration an appropriate maximum salary after five years of service. While I have accepted that the work value changes warrant the inclusion in the award of a new classification and salary scale, I believe the maximum salary proposed is generous. I therefore prepose to delete the 6^th, 7^th and 8^th year of service rates, leaving the maximum salary attracted in the fifth year of service of $21200 as the top of the scale.

I accept the proposals of the parties relating to the translation of the employees from their existing salary scales to the new one. Such translation will mean increases for each officer now and further incremental advancement for the two employees who will go onto the 3^rd and 4^th step of the new scale.

The cost of the increases granted will be in the vicinity of $3,500 pa.

One other aspect of this case warrants some comment from me in this decision, that is, the possibility of flow-on claims should this application succeed.

It was the view of the parties that this group of employees has very few counterparts. This fact was highlighted when comparisons were being sought both within and outside the State Service. Mr Philp for the Tasmanian Public Service Association in response to questioning from the Commission indicated that; he knew of no other group of employees within the State Service who could use a favourable decision in this case as some sort of precedent to support a similar claim. A similar view was held by Mr Jarman who in any case submitted that each case must stand alone and satisfy the strict tests imposed by the Wage Fixing Principles.

I generally accept the views expressed and answers given by the advocates.

The proposed definitions with some variation will also be inserted in the Award.

The date of operation of the variations to the award will be the first pay period commencing on or after 30 June 1986.

An order reflecting this decision is attached.

J G King
COMMISSIONER