T1216 and T1272
IN THE TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Application T.1216 of 1988 was initially listed before a Full Bench of this Commission on a number of dates during March. It sought to vary a large number of public sector awards and agreements by increasing wage rates and salaries by the 4% second tier adjustment. That part of the application which sought to vary the Prison Officers Award (the Award) was by agreement of the parties set aside.
I subsequently joined that part of T.1216 of 1988 with T.1272 of 1988 for hearing on 11 April 1988. Following submissions from the parties I adjourned proceedings to allow further discussion in the hope that an agreement could be reached.
The matters were subsequently re-listed on 26 April 1988, at which time I was advised that agreement had been achieved, however Mr Stevens advised that it was subject to approval by Cabinet.
After hearing both sides, I indicated that I would not adjourn these matters again, but rather hear the merit of the agreement. At the conclusion of submissions going to the merit, I reserved a decision on the basis that it would be delayed in the hope that an agreement could be achieved.
I was advised on 10 May 1988 that the agreement in principle was now confirmed.
The agreement specifies that in return for changes in conditions of employment and work practices, all salaries contained in the Award will be increased by 4%.
Changes are agreed under the following headings.
The changes are basically the same as those which resulted in a 4% increase in salaries for public sector employees generally. However, there are some provisions which have specific application to Prison Officers only.
In the light of the above the Award will be varied by increasing all salaries by 4%.
The date of operation of the variation causes me some concern. It was advised that agreement in principle had been achieved prior to 26 April. However, that agreement was not consummated until 9 May 1988.
During proceedings on 11 April, I advised the Tasmanian Public Service Association that, if required to arbitrate these applications, I would take into account any undue delays. However, I am not required to arbitrate these claims as they are now agreed.
The Commission's order - Prison Officers - Order No. 3 of 1988 (Consolidated) and Order No. 4 of 1988 (Consolidated) - will therefore apply from the first pay period commencing on or after 10 May 1988, the date the Commission was advised that agreement had been reached.
J. G. King