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T374

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.374 of 1986

IN THE MATTER OF AN APPLICATION BY THE MINISTER FOR PUBLIC ADMINISTRATION TO VARY THE GENERAL OFFICERS (PUBLIC AND MENTAL HEALTH SERVICES) AWARD

Re: inclusion of definitions and wage rates for part-time and casual employees; inclusion of the Minister for Public Administration as an employer; and amending the Class I classification scale through the introduction of age scales.

   

COMMISSIONER J.G. KING

HOBART, 29 September 1986

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Minister for Public Administration

- Mr M. Stevens

   

For the Tasmanian Public Service Association

- Mr G. Philp

   

For the Hospital Employees' Federation of Australia, Tasmania No. 1 Branch

- Mr P. Imlach

   

DATE AND PLACE OF HEARING:

 

23 July 1988  Hobart

 

Application T.374 of 1986 was first listed for hearing with T.375 of 1986 (an application to vary the Technical Officers Award) on 28 April 1986 before a Full Bench of the Commission. At the outset of proceedings, on that day, the presiding member of the Bench, Deputy President Robinson, foreshadowed the joining of the two applications with others currently before the same Bench.

Following some debate on the joining of the applications, the Deputy President adjourned proceedings to allow the relisting of six applications dealing with similar subject matter on 12 May 1986.

The other applications T.270, T.271, T.278 and T.292 of 1985 had been earlier joined and the resultant proceedings identified by the Commission as a "Test Case".

At the conclusion of the hearing on 12 May the Deputy President made the following statement:

"Deputy President:

After that discussion we have decided that we will refer to the Commissioner concerned all of those matters contained in the applications before us - back to the individual Commissioner handling the award. And this Full Bench will retain the question of Clause 2 'Scope' and Clause 6 'Parties and Persons Bound' and we will grant the adjournment. The Commission will resume at 10.30 a.m. on Thursday 12 June 1986."

Of the various applications, T.374 of 1986, an application to vary the General Officers (Public and Mental Health Services) Award, (the Award) is the only one falling to me for determination. The application was listed and the parties heard on 23 July 1986.

To complete the background to this matter it is appropriate to record that a working hours provision is included in the application. However, whether or not a working hours clause should be included in this and other similar awards was the subject of proceedings before the earlier mentioned Full Bench. In a decision dated 11 August 1986, the Bench dismissed that part of the various applications going to working hours.

I also record the fact that at the time of lodging the application, the parties were agreed on an hours clause going into the Award. However, by the time the matter was debated before the Full Bench the employee organisations represented in those proceedings were opposed.

The draft order submitted comprising exhibits G.1 and G.2 is in the form of a new award. I will therefore deal with each clause separately as under:

1. TITLE

The parties propose a change in the award title from the 'General Officers (Public and Mental Health Services) Award' to 'General Officers Award'.

I endorse the proposed change.

2. SCOPE

Consideration of necessary changes to this clause is deferred until such time as the Full Bench, earlier referred to, has announced its decision.

3. ARRANGEMENT

The ARRANGEMENT clause simply identifies the proposed clauses, appropriate numbering and page numbers. It therefore requires no comment from the Commission.

4. DATE OF OPERATION

The date of operation of the award variations will be from the date of proceedings before the Commission as currently constituted, i.e. 23 July 1986.

5. SUPERSESSION AND SAVINGS

This clause has been reworded to reflect the changes brought about by the proclamation of the Tasmanian State Service Act 1984.

It also protects against loss of rights, obligations or liabilities accrued or incurred under the General Officers (Public and Mental Health Services) Award No. 1 of 1986.

I endorse the clause.

6. PARTIES AND PERSONS BOUND

A decision on this clause is also deferred in accordance with the above statement of the Deputy President.

7. DEFINITIONS

Appropriate definition changes to accommodate the Tasmanian State Service Act 1984, have been agreed between the parties. The changes reflect the general thrust of previous variations endorsed by the Full Bench in its order in T.270 and T.271 of 1985.

I therefore endorse the agreement of the parties.

8. SALARIES

Rates of pay and appropriate provisions for Apprentices and 'Junior Employees' have been included in the Award for the first time. I endorse the principle involved. However, as decided by the Full Bench in T.270 and T.271 of 1985, I am not prepared to delete the three (3) salary increments from the Class I General Officer scale simply on the basis of custom and practice .

The inclusion of Part Time and Casual provisions in the Award is also endorsed by the Commission.

9. CONDITIONS OF SERVICE

A wording change to accommodate the Tasmanian State Services Act 1984 is the only variation in this clause.

10. NEW APPOINTMENTS AND PROMOTIONS

As in Clause 9 the only changes are those that are necessary to accommodate the Tasmanian State Services Act 1984.

11. SALARY INCREMENTS

As in Clauses 9 and 10, I endorse the necessary wording changes that have been made.

In Clauses 10 and 11 reference is made to the Head of Agency. For reasons which are spelt out in Commissioner Gozzi's decision of 28 April 1986 in T.270, T.271 of 1985 and T.333, T.338 of 1986, Head of Agency should be replaced with the words "Controlling Authority".

An order reflecting this decision is attached.

Following a decision by the Full Bench in the "Test Case" matter the "Scope" and "Parties and Persons Bound" clauses will be finalised.

 

J.G. King
COMMISSIONER