T2763
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Minister Administering the Tasmanian State Service Act 1984 and The Hospital Employees' Federation, The Tasmanian Public Service Association HOSPITAL EMPLOYEES (PUBLIC HOSPITALS) AWARD
Insertion of new clause: Grievance and Dispute Settlement Procedure REASONS FOR DECISION The applicant in this matter sought to amend the Hospital Employees' (Public Hospitals) Award by inserting the following new clause:- "GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURE The objectives of this procedure are to promote the resolution of grievances and disputes by measures based on consultation, co-operation, and discussion; to reduce the level of industrial disputation; and to avoid interruption to the performance of work and the consequential loss of service to the community and of wages. (a) In the first instance, the employee(s) and/or union(s) shall attempt to resolve the grievance or dispute with the immediate supervisor. The local union representative(s) shall be present if desired by either party. (b) If the grievance or dispute is not settled at that stage, the matter shall be referred to the departmental head. The local union representative shall be present if desired by either party. (c) If the grievance or dispute remains unresolved, the matter shall be referred to senior management and the State secretary of the union(s). (d) It is agreed that steps (a) to (c) shall take place within seven days. (e) If the grievance or dispute remains unresolved, the matter shall be referred to the Tasmanian Industrial Commission for decision, which shall be accepted by all parties as settlement of the grievance or dispute. (f) Until the grievance/dispute is resolved through any or all of the steps (a) to (e), work shall continue normally in accordance with custom and practice existing before the grievance or dispute arose. No party shall be prejudiced as to the final settlement of a grievance or dispute by the continuation of normal work as above. (g) The foregoing grievance and dispute settling procedure is without prejudice to any statutory rights available to an employee under the provisions of the Tasmanian State Service Act." This application arises out of a decision of the Full Bench when dealing with application T.1230 of 1988. That decision ratified an agreement which contained a package of offsets in return for the 4% second tier increase pursuant to the Wage Fixing Principles at that time. Included in the agreement was a Grievance and Dispute Settlement Procedure clause which the parties foreshadowed would, at a later date, be inserted in the award. This application now seeks to place that identical clause in the Hospital Employees (Public Hospitals) Award. It could be said that my role in this matter is to finalise that which has previously been determined by the Full Bench. That being the case I am going to grant the application and the award will be varied in the manner sought. The order giving effect to this decision is attached. It shall be operational from 6 December, 1990.
R.J. Watling Appearances: Date and Place of Hearing: |