T1652, T1683 and T1682
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
On 5 September 1988 a Full Bench of this Commission handed down the State Wage Case decision granting a 3% and $10.00 increase in wage rates to State awards. The operative date of this decision was from the first full pay period to commence on or after 15 September 1988 and the first full pay period to commence on or after 15 March 1989 respectively, if unions were prepared to give the required commitment to the new system at a specially convened hearing on 9 September 1988. On that date, the Hospital Employees Federation of Australia Tasmania No. 1 & 2 Branches gave the required commitment. However, the Royal Australian Nursing Federation, Tasmanian Branch, being a party to both awards, the subject of these applications, declined the invitation. The decision also went on to say, and I quote: "(g) It is not the Commission's intention to approve agreements or arbitrate any increases to wages or salaries or any other award improvements unless all unions party to an award give a commitment in the prescribed form. However, in the isolated case where commitments are not forthcoming from all unions party to the award, a member of the Commission may vary a certain Division(s) contained in the award where he is satisfied the particular classifications are clearly delineated and all unions whose members are covered under that Division have given the required commitment. This will only be done after hearing submissions from all parties to the award or agreement. In each case the question of the operative date of the award will be left to the Commissioner concerned." These applications were made by the Hospital Employees Federation of Australia Tasmania No. 1 & 2 Branches for the purpose of clearly delineating the nursing and non-nursing classifications contained in Clause 8 - Wage Rates, Division D - Blood Bank Services and Division E - Employees of Homes For Handicapped Persons And In The Case Of St Giles Society Also Includes Employees Engaged In Auxiliary Services As Provided of the Hospitals Award and Clause 8 - Wage Rates of the Medical Practitioners (Private Sector) Award. However, the HEF2 application sought to include the Director of St Giles Home under the division for Ancillary and Clerical Employees. Clearly, this is inappropriate, given that the Director of the Home is required to have nursing qualifications. It is my decision that this particular classification clearly falls within the Registered Nursing Staff division and I decide accordingly. The clear intention of these applications was to gain the benefits arising out of the State Wage Case decision for non-nursing employees in the previously-mentioned awards. These applications to separate nursing and non-nursing staff receive my support and the awards will be varied accordingly. Having decided to adopt that approach it now leaves the way open to process the State Wage Case decision for non-nursing staff in the sections of the awards subject to these applications. As the unions with constitutional coverage of the employees in those sections have given the required commitment to the Wage Fixing Principles in conformity with the State Wage Case decision, it is my decision therefore that the wage rates contained in the previously-mentioned sections of the awards be varied by 3% from the first full pay period to commence on or after 15 September 1988 and by $10.00 from the first full pay period to commence on or after 15 March 1989 and I decide accordingly. I have been persuaded by the applicants that the employees covered by these newly-created divisions in the awards should not be disadvantaged, especially when their unions complied with the spirit and intent of the State Wage Case decision and gave the appropriate commitment to the system. In terms of equity, good conscience and the merits of the argument, I am of the view that this is a special situation that needs to be rectified by granting the operative dates as previously mentioned. Orders: The orders giving effect to this decision are attached.
R J Watling
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