IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

These applications were made by The Tasmanian Public Service Association and the Tasmanian Salaried Medical Practitioners' Society for the purpose of:

(a) increasing all salary rates appearing in Clause 8 of the Medical Practitioners (Public Sector) Award by 4% pursuant to the Restructuring and Efficiency Principle; and

(b) reducing the ordinary hours of work for employees under the said award from a maximum of 48 for some categories of employees to 38 per week pursuant to the Standard Hours Principle.

After preliminary submissions presented by Mr. G. Casson, representing the TSMPS, the parties entered into private discussions with the Commission, at the conclusion of which it was reported to me that the parties had reached agreement within the Wage Fixing Principles on a package which would see a 4% second tier increase reflected in the award and, on an interim basis, a reduction of ordinary hours of work. The negotiated offsets contained in the package and the value placed on them by the employer are as follows:

1. Sick Leave entitlements to be varied for all employees to twenty days per year, fully accumulative; employee commencing after date of implementation to receive

entitlements in the first year at the rate of 1.66 days per completed month of service. - $ 10,000

2. Employees shall be paid fortnightly by direct deposit. - $ 46,000

3. Medical certificates to be provided where an employee is absent on sick leave for three consecutive working days or more. Certificates to be provided for any leave taken due to sickness in excess of 5 working days in the aggregate in any one sick leave year. - $ 22,000

4. Time off in lieu initiated by Senior Medical Officers and Specialists for excess hours worked to be at ordinary time rates. - Not costed

5. Employees will prima facie, be considered as having abandoned their employment if they are absent from work for 14 consecutive days without notifying the Head of Agency or his representative. - Not costed

6. Where a uniform or protective clothing is provided by the employer it will be replaced on a fair wear and tear basis. - $ 2,500

7. Unless otherwise agreed with the employer union meetings are to be held in the employee's own time. - $ 3,000

8. Recreation leave allowance due is to be paid in full on the occasion an employee takes more than 10 consecutive days annual leave. Where an employee does not meet this requirement the allowance shall be paid in full at the end of the leave year in which it falls due. - $ 4,000

9. Maternity leave entitlements shall not apply to a permanent employee in her first year of employment. The situation regarding temporary employees will be reviewed when the recommendations on the Doherty Report are known. The review will look at whether or not it is feasible to apply to trainees (Registrars and Residents) the same maternity leave offset applicable to permanent employees. - Not costed

10. A grievance procedure to be developed to the satisfaction of the parties. - $ 5,000

11. If the agreement before the Industrial Commission containing certain conditions of employment is not ratified, the parties are agreed that the conditions be placed in the Medical Practitioners (Public Sector) Award subject to the following. No amendments or variations are to be sought to these conditions, unless by agreement with the employer, for a period of three years from the operative date of the second tier agreement. - $125,000

12. Overtime worked on recall to be rounded on completion to the next quarter hour, instead of the next half hour as is currently the case. The rounding will occur subsequent to the initial minimum payment of 1 hour. (This offset will vary Clause lob of the award). - $120,00

13. Restructuring of hours of work to be available through negotiation. The parties are agreed to the establishment of a working party to review rostering procedures with a view to introducing shiftwork in Accident-Emergency Departments and Intensive Care Units where appropriate. The Society's shiftwork proposal currently under consideration will be used as a basis for negotiation. - $310,000

14. Employee initiated leave without pay of more than 20 days in the aggregate shall not count for the purpose of calculating entitlement to recreation leave, sick leave or salary increments, unless the leave without pay is for work related studies. - $ 3,000

15. The allowance payable in respect of overnight absence to be divided into components, viz; accommodation, breakfast, lunch and dinner. - $ 2,000

	Intrastate	Interstate
Breakfast - 7am-8.30am	$ 5.30	$ 5.30
Lunch - 12.30pm-2pm	$ 5.80	$ 5.80
Dinner - 6pm-7.30pm	$10.30	$10.30
Accomm. for overnight absence	$54.60	$84.60

16. Meal allowances currently payable to employees who are more than 16kms from their headquarters at the normal meal hour, shall be payable only when the employee is more than 60kms from headquarters by the most direct route. - $ 4,000

17. Special leave as applied to M.H.S. and certain D.H.S. employees shall be amended as follows:

(i) up to 5 days may be granted to employees on the death of a near relative (to be defined); and

(ii) up to 5 days in an employee's leave year may be granted to employees where a near relative suffers an illness or for other pressing necessities.

The parties are agreed that any dispute involving special leave will be handled via the agreed dispute procedure.

The parties also agree that any interpretation or decision made by the Tasmanian Industrial Commission involving special leave as related to item (ii) above, shall be incorporated as part of this offset. - $ 2,000

18. Medical practitioners to pay for all hospital meals at standard rates. - $ 12,000

The total cost of the package was estimated by the employer to be $1.606M, whilst the value of the offsets is $670,500.

Whilst I have some reservations about this package, as the value of the offsets fall well short of being cost neutral, nevertheless, I have been persuaded, under the circumstances, they are of a sufficient nature to warrant me amending the award in the manner agreed to by the parties, that is:

1. All wage rates contained in Clause 8 be increased by 4%, operative from the first full pay period to commence on or after 15 December 1988.

2. As an interim decision, the ordinary hours of work for Registered Medical Officers and Registrars be reduced from 48 to 45 per week.

3. The ordinary hours of work for officers other than Registered Medical Officers and Registrars be reduced from 40 to 38 per week.

4. The divisor for the purpose of calculating the hourly rate shall be 45 as an interim decision.

5. The operative date for the hours reduction and the divisor be from the first full pay period to commence on or after 15 December 1988.

and I decide accordingly. This confirms my intention to vary the award as indicated to the parties on transcript on 14 December 1988.

My decision as it relates to -

(a) the ordinary hours of work for Registered Medical Officers and Registrars; and

(b) the divisor

is an interim one and this hearing will be reconvened at the request of either party, to further consider the reduction in ordinary hours and related matters. I would expect before any further reductions take place, the necessary offsets be presented to the Commission along with the monetary value of each. A decision will be made at that time as to whether or not the further package complies with the Wage Fixing Principles.

Orders:

The orders giving effect to this decision are attached.

R.J. Watling
COMMISSIONER