IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application by the Ambulance Employees' Association of Tasmania (AEAT) for the making of the 'Tasmanian Ambulance Service Award', was made as a result of urgings by the Commission that employees, subject to the Memorandum of Agreement dated 7 September 1984 between the AEAT and the Tasmanian Ambulance Service or to whom the (private sector) Ambulance Services Award has been applied, have their conditions of employment and rates of pay incorporated into a properly made public sector award.

The reason the Commission adopted this view is that employees of the Tasmanian Ambulance Service are in fact 'State employees' as defined in Section 3 of the Industrial Relations Act 1984.

Consequentially, the existing Ambulance Services Award, made in the first instance during the period of operation of the Wages Board system, as a private sector award, is no longer appropriate to cover the employees concerned, given the changed circumstances heralded by, firstly the promulgation of the Industrial Relations Act 1984 and subsequently the Tasmanian State Service Act 1984.

The operation of the Tasmanian State Service Act 1984 is of particular relevance as that Act, in Column 1 of Schedule 1, included the Tasmanian Ambulance Service as an 'Agency', with the Head of Agency being the Director of Ambulance Services.

After discussion with the parties, it was agreed that a public sector award should be put into place.

To that extent, it is to be noted that Mr Nielsen continually drew to the attention of the Commission that the new award should only reflect the status quo in terms of conditions of employment and rates of pay currently applicable.

It is clear that the Tasmanian Ambulance Service also accepted that underlying proposition and in the end the award documentation put forward for Commission endorsement was done so on that basis and by consent between the parties.

It will, of course, be open to any party to the new award to make applications in accordance with the Industrial Relations Act 1984 to seek to vary the award.

The proposed award, as set out in Exhibit M1, as finally amended on 3 July 1987, combines into one composite award document all the conditions of employment currently applicable and contained in the Memorandum of Agreement, the 4 x 4 Roster Agreements (Southern, Northern and North Western Regions) and the Ambulance Services Award.

As a prerequisite to hearing detailed submissions from the parties, comprehensive inspections were undertaken throughout the State to enable the Commission to meet with Ambulance Officers and management in order to gain a broad overview of their working environment, the type of equipment used, functions performed and skills generally required, and to discuss matters of importance to Ambulance Officers within the parameters of the exercise being undertaken.

I reiterate my sincere appreciation for the manner in which the Commission was received and the informative exchanges that were able to take place.

Also, the efforts of Mr Morley and Mr Nielsen in organising the smooth flow of the inspections and their content, are acknowledged.

In endorsing the making of the Tasmanian Ambulance Service Award, I indicate that the Wage Fixing Principles have been observed and in the terms of Principle 12 - First Awards and Extensions to Existing Awards, existing rates and conditions have been carried forward.

In my opinion the award documentation does not offend the public interest in any way. Indeed it would be contrary to the public interest if the award was not made.

The making of this award will also lessen the load of paperwork accumulated by Mr Nielsen during the course of these proceedings and which he had stored in a unique ever-widening mobile leather filing cabinet.

The new award, operative from the date of decision, is attached.

As was raised during the proceedings the Commission will be available to discuss the operation of the new award and associated matters with those subject to the award, if this is still deemed desirable by the parties. Should that be the case I indicate that the Commission will be available for a period commencing 25 August 1987.

It is also to be noted that the Registrar has been notified by the parties to the Memorandum of Agreement dated 7 September 1984, that the Agreement shall be considered to be cancelled pursuant to Section 59 of the Industrial Relations Act 1984, from the operative date of the new award.

R.K. Gozzi
COMMISSIONER