TA37
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This application went to an Anomalies Conference before the President on 22 April 1988. At the conclusion of proceedings the President found that an arguable case existed and referred the matter to me for determination. The application seeks the inclusion in Division A of the Hospitals Award (the Award) of a new classification - Domestic Co-ordinator (St Vincents). In proceedings before me on 18 May 1988, the application was amended and now seeks the following new classification and definition: "Classification 32 Domestic Co-ordinator (St Vincents) 1st year of service - 447.10 2nd year of service and thereafter - 487.10 'Domestic Co-ordinator' means an employee who is responsible for the control and administration of Catering, Housekeeping and Laundry Services." Detailed submissions and evidence aided by inspections were presented to the Commission by Mr Holden on 18 May 1988. At the conclusion of those proceedings the matter was adjourned until 17 June when the Tasmanian Confederation of Industries (TCI) was to put submissions in opposition. However, on 13 June the Commission received the following communication from the TCI: "Dear Mr Commissioner, Re - St Vincents Hospital - Domestic Supervisor T.A.37 of 1988 As instructed by my member, St Vincents Hospital, the TCI does not wish to put submissions in respect to the HEF claim. Accordingly we would accept the HEF amended claim of: 1st year of service - $447.10 We would however, suggest that the figure for 2nd year of service and thereafter should be $485.60 and not $487.10 as per HEF claim. We understand these figures are exclusive of any 4% adjustment. Given our agreement to the above, we are of the view that the Commission can endorse it without the need for a hearing on Friday 17 June 1988. Yours faithfully Bill Fitzgerald A response to the above, by the Hospital Employees Federation of Australia, Tasmania No. 2 Branch (HEF No. 2) dated 14 June 1988, reads: "Mr W. Fitzgerald Dear Sir Re: T.A.37 of 1988 Receipt is acknowledged of the copy of correspondence you forwarded to Commissioner King re the above matter. If the TCI is not desirous of putting submissions to the Commission, the HEF No. 2 is happy to accept that procedure, subject to endorsement by the Commission. Having presented our case, the HEF No. 2 is not prepared to reduce its claim in respect of 'second year of service and thereafter'. That matter can properly be determined by the Commission. Yours faithfully David Rees With the benefit of the applicant's case, in support of this claim, I am prepared to accept the agreement of the parties and vary the award accordingly. I am satisfied that the claim can be properly processed in accordance with Principle 12 - First Awards and Extensions to Existing Awards, as the work performed is not envisaged by any single current classification. I am also satisfied that the agreed rates are justified on work value grounds and that there can be no flow on from any decision granting the claim. I do not believe there is in fact a difference between the parties in relation to the 'second year of service and thereafter' rate. The agreement is that the rates contained in the application should be included in the award, however they should exclude the 4% second tier component which may at some time into the future be applied to all the award rates. The correct calculation of the new rate for the 'second year of service and thereafter' produces a weekly rate of $485.60. Mr Holden submitted that if the claim is granted the employee concerned should be paid the higher rate on the basis of her five (5) years experience in the position. I refrain from making such a decision, only because of the significant increase which will result from this matter, whichever rate is afforded the employee. The order reflecting this decision is attached. Its date of effect is the first pay period commencing on or after 29 June 1988.
J.G. King
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