IN THE TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
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T1633 of 1988
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IN THE MATTER OF AN APPLICATION BY THE TASMANIAN SALARIED MEDICAL PRACTITIONERS' SOCIETY TO VARY THE MEDICAL PRACTITIONERS (PUBLIC SECTOR) AWARD
RE: HOURS OF WORK
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COMMISSIONER R. J. WATLING
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HOBART, 27 January 1989
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REASONS FOR INTERIM DECISION (No. 2)
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APPEARANCES:
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For the Tasmanian Salaried Medical Practitioners' Society
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- Mr. G. Casson
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For the Tasmanian Public Service Association
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- Mr. G. Vines
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For the Minister for Public Administration
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- Mr. M. Jarman with
Mrs. S. Gregg
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DATE AND PLACE OF HEARING:
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27 January 1989 Hobart
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On 19 January 1989 I handed down an interim decision relating to hours of work for employees falling within the 'Scope' of the Medical Practitioners (Public Sector) Award.
In that decision I stated:
"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."
The resumption of this hearing is to consider further reductions in the hours of work for Resident Medical Officers and Registrars and to reduce the divisor used for the purposes of penalty payments from 45 to 43 within the award.
In opening his submission, Mr. Jarman, representing the Minister for Public Administration, outlined an agreed programme negotiated by the parties. In short, the programme is as follows:
"Stage 1 - Parties agreed in January or early February 1989 to pursue a reduction in hours of work for junior medical staff from 45 to 43 with a 43 divisor for all purposes, including penalty payments for senior staff.
Stage 2 - Parties agreed in mid August 1989 to pursue a further reduction in hours of work for junior medical staff from 43 to 40 with a 43 divisor to be maintained with respect to Registrars and Residents and a change to the divisor for penalty payments for senior medical staff from 43 to 38.
Stage 3 - Parties agreed on 1 January 1990 to pursue a further reduction of hours of work for junior medical staff from 40 to 38 and divisor for penalty payments for junior medical staff at that time being reduced to 40.
Stage 4 - Parties agreed in July 1990 divisor for penalty rates for junior medical staff to be reduced to 38."
This hearing is to deal with stage 1.
Mr. Jarman presented offsets required under the Wage Fixing Principles relating to -
(a) the 8 hour break between shifts; and
(b) annual leave accruals.
The total cost to the employer of introducing stage 1 is $486,524 p.a. The notional value of the offsets amount to approximately $462,000.
I am satisfied that the offsets presented satisfy the Wage Fixing Principles and the award will be varied in the manner sought by the parties for this stage.
It will be open to the parties to present further submissions on stages 2, 3 and 4 at a later date, at which time, I would expect there to be additional offsets presented along with the value of each to enable them to be tested against the Principles.
The operative date of this decision shall be from the beginning of the first full pay period to commence on or after 27 January 1989.
Orders giving effect to this decision will be drafted by the parties for my perusal and will be issued in due course.
R.J. Watling
COMMISSIONER
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