TA30 - (29.7.88)
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This hearing arises as a consequence of proceedings in Anomalies Conference No. 10 where the President concluded that an arguable case existed for the Ambulance Employees Association of Tasmania (the Association) to advance a restructuring and efficiency and work value case; the combined effect of which may exceed the 4% second tier for classifications contained in the Tasmanian Ambulance Service Award (the Award). The President's arguable case finding was supported by all of the parties to the Anomalies Conference, including the nominal employer, the Minister for Public Administration (the Minister). In the circumstances the President referred this application to me for "investigation and decision in due course". In the ensuing proceedings Mr. Nielsen appearing for the Association outlined the parameters of the claims to be prosecuted in the Commission. They fall into three broad categories - (i) a work value assessment of all classifications in the Award, in accordance with Principle 4 - Work Value, and (ii) a 4% second tier restructuring and efficiency exercise predicated upon offsets as envisaged by Principle 3 - Restructuring and Efficiency, and (iii) the adoption of a consent management structure which would facilitate the efficient operation of the Tasmanian Ambulance Service as a separate Agency, as determined by Cabinet. The proposed structure rationalises some areas of the award by the removal, combination and the creation of new classifications. These matters are to be considered in accordance with Principle 12 - First Awards and Extensions to Existing Awards and Principle 4 - Work Value. The issues inherent in the claim in (i) and (iii) above are reasonably involved and will require detailed analysis. The parties are aware that the bulk of the hearing which entailed eleven sitting days, over 120 exhibits and a number of witnesses, related mainly to the work value aspects of the claim. However in contrast the question of the 4% second tier increase was uncomplicated and straight forward. In that regard the parties submitted a signed consent Memorandum of Agreement (Exhibit N 121) setting out in clause 4, applicable cost offsets. Rather than repeating the substance of that document I have decided to append it to this interim decision. Of relevance is that Mr. Shirley for the Minister costed the savings produced by the offsets which are numbered in the attached appendix as follows -
As will be noted the cost of the 4% increase amounting to $236,000 has been totally offset thus making the increase cost neutral. On the question of operative date for the increase, Mr. Shirley advocated that it should be the date of decision for all matters. However, as I have already indicated in this interim decision the resolution of the work value issues will take some time to resolve. Therefore as the matter of the 4% second tier increase is clearly resolved and the requirements of the Wage Fixing Principles having been satisfied, I have decided that the granting of the increase should not be unnecessarily delayed. Accordingly the operative date for the 4% second tier increase will be the first pay period commencing on or after the date of this decision. My Order is attached.
R.K. Gozzi APPENDIX II MEMORANDUM OF AGREEMENT Between the Ambulance Employees' Association of Tasmania and the Minister for Public Administration concerning the payment of a 4% increase in salaries to all Tasmanian Ambulance Service employees in return for cost offsets. 1. SCOPE This agreement applies to the Minister for Public Administration as Controlling Authority for the purposes of the Award mentioned herein and members of the Ambulance Employees' Association of Tasmania employed pursuant to the Award mentioned herein. 2. AWARDS The Award to which this agreement applies is the Tasmanian Ambulance Service Award. 3. 4% INCREASE IN SALARIES A 4% increase in all salaries specified in the Award mentioned herein shall be paid in return for the cost offsets also mentioned herein. 4. COST OFFSETS The following cost offsets shall apply to all parties mentioned in the scope clause of this agreement: (a) Payment of wages by direct deposit: The Payment of Wages clauses of the relevant award will be amended to reflect this offset and also to include a "no penalty for late payment through reasons beyond the employer's control" provision of the Award. (b) Crib Time - Night Shift: Crib Time of 30 minutes taken during night shift to be reduced to 20 minutes. (c) Meal Allowance: Deletion of current allowance for employees who are on duty at public contracts previously arranged, i.e. $1.75 is the current payment. (d) Change Over Time: Seek an Award amendment that allows 10 minutes extension of shift before overtime can be claimed to facilitate handovers. (e) Multi Skilling: The parties agree to co-operate with management to review and improve efficiency, productivity and cost effectiveness of the Ambulance Service through an increase in multiskilling and such other issues as are relevant and in particular accept the specific arrangements as follows. The following professional commitments and work performance are regularly undertaken by the majority of Ambulance Officers in the Tasmanian Ambulance Service. This work is performed outside rostered duty hours and these may include the following activities: - Conduct of First Aid and Cardiac Pulmonary Resuscitation classes. - Training of volunteers at independent ambulance services and country stations. - Public relations visits to various community groups and education agencies. These visits can be initiated by Tasmanian Ambulance Service or by individual officers. - Attendance at community medicine programs including field exercises. - Operational and technical debriefing meetings following major incidents. The above volunteer work shall continue to be undertaken in the employee's own time and for which no payment will be made by the Tasmanian Ambulance Service. (f) Southern Regional Garbage Collection: The practice of garbage collection involving removal of rubbish to the tip on a weekly basis shall continue as part of the regular list of duties of Ambulance Officers. Officers shall undertake this duty as they are directed by the Superintendent. (g) Rationalisation of Uniform Issues: The current award provision covering the articles of clothing and replacement periods of the clothing to be rationalised, particularly as it relates to uniform issue. A committee shall be established comprising Tasmanian Ambulance Service and Ambulance Employees' Association representatives to achieve this end. (h) Abandonment of Employment: Where an employee is absent from duty without approval, for a period of fourteen (14) days without notifying the Head of Agency, that employee will be deemed to have abandoned employment. (i) Union Meetings: All union meetings shall be held in the employee's own time unless otherwise agreed between the employer and relevant employee organisation. (j) Leave without pay for Accrual Purposes: Employee initiated leave without pay for periods of 20 working days shall not count for the purpose of calculating entitlements to recreation leave, sick leave, or increments, unless the leave without pay is for work related studies. (k) Grievance Procedures: Acceptance of and adherence to a grievance procedure. (l) Special Leave: This form of leave to be limited to five (5) days in any one (1) year except where an employee is bereaved on more than one occasion. An administrative instruction will be issued setting out the purpose for which special leave should be granted. (m) Recreation Leave Allowance: Recreation Leave Allowance shall be paid in full when an employee takes 10 or more days recreation leave in one period. Should an employee not take such a period of leave within any one leave year, the allowance shall be paid in full on the last day of the leave year. 5. COMMENCEMENT This agreement shall commence from the date ratified or decided by the State Industrial Commission and shall have a life of six months . ....... (Signed) ....... P.L. NIELSEN ....... (Signed) ...... N. EVERS DATED AT HOBART THIS 22ND DAY OF JULY 1988
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