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T2473 and T2587

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

The Tasmanian Public Service Association
(T.2473 of 1990)

Tasmanian Prison Officers Association
(T.2587 of 1990)

PRISON OFFICERS AWARD

 

COMMISSIONER P IMLACH

27 March 1991

Wage Rates - State Wage November 1989 - Structural Efficiency Principle - special case

REASONS FOR DECISION

These applications were Structural Efficiency Principle (SEP) Special Case claims made under Section 23 of the Act by the Tasmanian Public Service Association (the TPSA) and the Tasmanian Prison Officers Association (the TPOA) for amendments to the Prison Officers Award.

At the hearing on the 25th March 1991 when the applications were joined I advised the parties, in the form of a statement, that as a result of the Full Bench decision of 22 February 1991 dealing with the restructuring of public sector awards, and in particular the Bench's expectation in regard to special cases, I intended to refer this matter back to the President with the recommendation that it be referred to that Full Bench for attention during its consideration of the proposed occupational streams.

I confirm that this action would be taken under Section 24(4). The parties at the hearing did not object to the proposed course of action. Ms Crowley, who appeared for the TPSA, confirmed that similar action had been taken by the Commission in other "special cases" currently claimed and referred to the possibility or even the advisability that, in due course, the matter in question would still be dealt with by a single Commissioner.

In the terms of Section 24(4), therefore, I have decided that this application should be dealt with by a Full Bench and, on my own motion, I will "refer the applications to the President in order that he may determine whether or not they should be referred to a Full Bench.

 

P A Imlach
COMMISSIONER

Appearances
Mr C Shirley and Mr B L Masters for the Tasmanian Prison Officers Association.
Ms K Crowley for The Tasmanian Public Service Association.
Mr C Willingham for the Minister Administering the State Service Act 1984.

Date and Place of Hearing
1991
Hobart
March 25.