T1354

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984


T.1354 of 1988		IN THE MATTER OF AN APPLICATION BY THE TASMANIAN PRISON OFFICERS ASSOCIATION TO VARY THE PRISON OFFICERS AWARD RE: SCOPE, SALARIES AND CONDITIONS

COMMISSIONER JG KING		HOBART, 3 October 1988

REASONS FOR DECISION

APPEARANCES:

For the Tasmanian Prison Officers Association of Tasmania		- Mr G Harris with Mr B Masters

For the Tasmanian Public Service Association		- Mr G Vines with Mr N Cornish

For the Minister for Public Administration		- Mr C Willingham with Mr T Quilliam

DATE AND PLACE OF HEARING:

29 June 1988 Hobart

This application seeks two variations to the Prison Officers Award (the Award) the first of which reads:

"Delete from the Prison Officers Award

CLAUSE 8 - SALARIES

Subsection (iii) Medical Orderly

Class I	1st year of service	19383
	2nd year of service	19733
	3rd year of service	20093

Class II	1st year of service	20523
	2nd year of service	20788
	3rd year of service	21152

CLAUSE 15 - QUALIFICATIONS

Subsection 4 Medical Orderly

Class I	registration as either a general, geriatric or psychiatric nurse under the provisions of the Nurses Registration Act 1952.

Class II	the requirements for Class I, and in addition, at least three years practical nursing experience subsequent to obtaining such requirement."

In proceedings before the Commission on 29 June 1988 Mr Harris sought to amend the above by seeking necessary consequential variations to the Award should this part of the application be successful. The amendments are:

"(1) By deleting the following from Clause 2 - Scope of the award:

The Public Service Act 1973 in the Prison Division of the Law Department of the Public Service of the State who, being an employee within the meaning of the Public Service Act 1973 occupies a position the duties of which relate to the custody, instruction or medical care of prisoners at Her Majesty's Goal or the Kildary Prison Farm."

and inserting in lieu thereof -

"the State Service Act 1984, for which classifications are contained in this award."

(2) By deleting from Clause 12 - New Appointments and Promotions the words:

"or nursing"

Mr Willingham raised no objection to this part of the application or the amendments put forward on the day of hearing. He went on to describe the application as no more than an exercise in good housekeeping.

Mr Vines supported the original part of the claim but expressed some concern about the amendments.

Having regard for that concern I referred the parties into conference with a request that an agreed draft order be forwarded to me in due course. On 11 July 1988, I received a draft order from the Tasmanian Prison Officers Association (TPOA). As there was no indication on the draft, or the covering letter, whether or not it was agreed by the Tasmanian Public Service Association (TPSA) I forwarded a copy to the TPSA on 13 July 1988 for their information and early response.

To date no response has been received.

In the circumstances the Award will be varied as requested by the applicant. An appropriate order is attached.

The second part of the application reads:

"CLAUSE 10 - IMPLEMENTATION OF 38 HOUR WEEK.

Insert Deputy Chief Superintendent in subsection 1 - Day Workers -

To read as follows:

"Officers employed as bakers or engaged on court, reception, laundry and outside gangs or the Deputy Chief Superintendent or the Female Superintendent shall accrue 12 days extra leave upon the completion of a twelve month cycle or a pro-rata number of days for a completed portion."

The granting of this part of the application would involve a change in working hours for the Deputy Chief Superintendent and according to Mr Willingham a change in days worked per month.

The application is opposed by the Minister for Public Administration and the TPSA, albeit for different reasons.

Proceedings were adjourned to allow the parties to establish the facts going to .the work patterns of the Deputy Chief Superintendent, following which, discussions would continue in an effort to reach an amicable solution.

In closing proceedings I indicated as follows:

"COM. KING:
Gentlemen, I am not prepared to close proceedings in relation to this matter at this point in time. I refer the parties into conference with a view to resolving the issue, and if that does not involve the Commission further in any discussions or proceedings , I will be pleased about that.

However, if the discussions break down, I believe it is appropriate that the TPOA be able to come back to this Commission if they feel that that is appropriate.

I adjourn these proceedings to a time and a date to be fixed, if in fact further proceedings are necessary."

If during a period of two weeks after the date of this decision I have not been requested by the TPOA to re-list this matter, I will assume the matter is resolved and close the file. Order

JG King
COMMISSIONER

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