T1301, TA35 and T1425
IN THE TASMANIAN INDUSTRIAL COMMISSION Decision Appealed - See T1521 and T1522 Industrial Relations Act 1984
Applications T1301 and TA35 of 1988, seek the making of a new award for Medical Diagnostic and Therapeutic Radiographers currently paid in accordance with salary scales contained in the Hospital Employees (Public Hospitals) Award (the Award). Application T1425 of 1988 seeks to vary the Scope clause of the Award as follows:
The making of a new award is opposed by the Minister for Public Administration (the Minister) who submitted that the granting of his application (T1425 of 1988) would remove the technical grounds relied on by the employee organisations for the making of a new award. I accept the submission of the Minister and particularly having regard for the ultimate submission of the Tasmanian Public Service Association (TPSA) on this matter, grant the application. I therefore accept the employee organisations' applications, as seeking to vary the Award by deleting existing salaries for Radiographers and replacing them with the following:
During proceedings the applications were amended to include a claim for a qualification allowance as follows:
Detailed inspections of the work of Radiographers were conducted at the Launceston General and Royal Hobart Hospitals. Those inspections were very helpful in giving me a much better understanding of the submissions and evidence that followed. I also record my appreciation of Exhibit TPSA.1. This exhibit contained some 76 pages, plus attachments, of very helpful material painstakingly prepared by Mr Mazengarb. As indicated earlier, the Minister opposed the making of a new award and any increase in salaries for Radiographers beyond the 4% second tier movement. His agreement to the 4% is subject to the same offsets being accepted by Radiographers as have now been implemented for the vast majority of public sector hospital employees. The Minister opposed the introduction of the qualification allowance, submitting that qualifications are an integral part of the basic requirements for the filling of any position. They should therefore be part of the work value considerations taken into account in setting appropriate salary levels. The Minister also submitted that much of the evidence of change adduced from witnesses, related to pre July 1980 and therefore could not be taken into account in these proceedings. However, the Minister conceded that changes relevant to work value considerations had occurred with the introduction of the C.T. Scanner and Ultrasound equipment at the Royal Hobart Hospital. Other technological advances involving the use of computers also represented significant change along with patient counselling and the requirement for a greater knowledge of anatomy. However, it was submitted these changes did not warrant work value salary increases for Radiographers. In addition to the matters identified by the Minister as being relevant to work value considerations, I also accept that changes in qualifications required for appointment as a Radiographer and other technology advances not involving the use of computers are also pertinent. I am satisfied that work value changes have occurred in the period July 1980 to date, such as to warrant across the board increases in salaries for Radiographers. However, changes have not occurred uniformly for all Radiographers and I will therefore reflect my assessment of the value of change in an appropriate salary scale. The new classification structure and salaries to be included in the Award are as follows:
The order reflecting the above salary scales will include the following proviso:
The above new scale is similar to the one proposed by the Minister and detailed in Exhibit S8. However, I believe the Minister's proposal needs modification to reflect an appropriate position for the Specialist Radiographers. I was impressed with what I assessed as significant changes in qualifications, training and skill of Radiographers involved in specialist areas, particularly involving the operation of C.T. Scanners and Ultrasound equipment. The changes will therefore be reflected in separate Specialist and Supervisory Specialist classifications with appropriate salaries. Although the TPSA sought a reduction in the current four grade scales for Class III and IV, there was no evidence presented to me which would support such a change. Therefore, the number of grades will remain the same although the Class numbers will change to IV and V respectively. It naturally follows that I intend that the current occupants of Class III and IV positions should as a result of this decision go to the same grade in the new Class IV and V respectively. I am not prepared to grant the claim for an "additional qualifications" allowance. Nothing put to me in these proceedings convinces me to break from the normal practice; i.e. that qualifications are an integral part of any work value assessment of salary levels. I have had regard, in the new salary scales, for the general change in qualifications required for appointment as a Radiographer. More importantly in the context of this claim, the special qualifications and training required for appointment to the new "Specialist" positions have had a significant influence on and are reflected in the new salaries determined. This aspect is highlighted by my inclusion in the Award of new definitions, one of which refers to the qualifications required to enable appointment as a "Specialist". The date of operation of the attached order is the first pay period commencing on or after 22 July 1988. I make it clear to the parties that the new salary levels awarded as a result of these proceedings include the 4% second tier adjustment. On that basis, work practice and other changes which were offsets against the cost of that increase for other public hospital employees should now be implemented for Radiographers.
J.G. King |