Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T3008 - 10 December

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Federated Miscellaneous Workers Union of Australia
(Tasmanian Branch)

(T.3008 of 1991)

CHILD CARE AND CHILDRENS SERVICES AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 10 December 1991

REASONS FOR DECISION

In my Reasons for Interim Decision dated 14 May 1991 I referred to negotiations between The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (FMWU) and the Tasmanian Confederation of Industries (TCI) concerning a career path and classification structure for Child Care workers subject to the Child Care and Childrens Services Award.

Since that time the parties have been involved in continuing negotiations albeit that these were conducted against the background of arbitral proceedings. Notwithstanding, during the course of the submissions put to the Commission on the issues separating the parties, it became evident that they may still reach agreement on a pay and classification structure. This finally eventuated with a consent draft order (Exhibit FMWU22) being tendered to the Commission on 8 November 1991. That exhibit, prepared by Ms Shelley who appeared in this matter for the FMWU, contained all of the modifications earlier discussed with the Commission. As a consequence of the parties reaching agreement this matter was able to be more expeditiously finalised than would otherwise have been the case.

Accordingly, I wish to record my appreciation for the efforts of Ms Shelley in this matter. She undertook a tremendous amount of work to facilitate these proceedings and the final outcome. Similarly the employers and Mr Fitzgerald, who represented them, deserve praise, particularly Mrs Simmonds and Mrs Buckland-Excell who assisted Mr Fitzgerald throughout the proceedings.

Classification Structure

Extensive material was presented and detailed submissions were made to the Commission to establish the need for a new classification structure for Child Care and Children's Services workers. In that context the Australian Industrial Relations Commission (AIRC) determined1 (Exhibit FMWU2), in what may be regarded as a test case, new structures and rates of pay for these categories of employees in the Child Care industry in the Northern Territory (NT) and the Australian Capital Territory (ACT). Whilst the structure in the award applicable to the ACT and the NT was not able to be agreed upon between the parties in the proceedings before this Commission, the final structure for Tasmania was nevertheless adapted from the AIRC test case decision2.

In reaching its conclusions the Full Bench of the AIRC found, subsequent to an inquiry, that:

    "... members of this industry's workforce, from whom the community expects so much, have been disadvantaged. They form part of that class of lower paid workers whose position was recognised by the decision in the National Wage Case March 19873 and who qualify for special attention according to the principle providing for the adjustment of minimum rates which was published by the Full Bench in the National Wage Case August 19894."

    AIRC Decision p.2
    (Exhibit FMWU2)

I concur with those comments and consider them to be relevant to the Child Care industry in Tasmania. Accordingly I am of the opinion that the structures, pay rates and relativities endorsed by me on 8 November 1991 redress the imbalances in the award and the circumstances referred to in the foregoing AIRC comments. For the first time employees in the Child Care industry subject to the Child Care and Childrens Services Award will have access to an identifiable career path which is based on skills and knowledge, qualifications and experience, and completed training.

One of the principal objectives of Child Care workers is to provide a quality service. In that regard the award will provide for a minimum of 15 hours a year for paid in-service training. Additionally program planning time is included in the award which will enable, during the 1 hour period a week of non-contact time with children, planning to be undertaken in a work setting. The amount of time set aside for this purpose will be reviewed by the parties twelve months from the operative date of this decision. I consider that the foregoing arrangements complement the classification structure which also comprehends in-service and competency-based training as one of the criteria for progression in the career path.

Minimum Rates Adjustment

The FMWU and TCI have agreed the minimum rates adjustments to be made to the wage rates now endorsed by the Commission. The first minimum rates adjustment will be made three months from the date of operation of the new classification structure (refer Operative Date) followed by three subsequent adjustments at six monthly intervals each.

Translation

Exhibit FMWU23 is an Agreement between the FMWU and the TCI on the implementation of the new classification structure. I endorse that agreement and the translation process outlined in that document.

Leave Reserved

As indicated in this decision an interim decision was issued by the Commission on 14 May 1991. Subsequently between the period June to November 1991 nine further hearings were conducted. On each occasion an appropriate Notice of Hearing was forwarded to all of the parties to the award. Accordingly I am not prepared to grant leave reserved to the Australian Nursing Federation (ANF) as requested in their 8 November 1991 letter to the Commission. The issues on which the ANF now seek leave reserved are germane to the classification structure, definitions and rates of pay which I have endorsed. These matters have been the subject of extensive negotiations and hearings in the Commission. The ANF did not seek to make any previous submissions on those issues to the Commission and I do not intend to again canvass issues which have been so thoroughly considered.

Leave reserved is however granted to the parties on traineeships and junior rates; review of program planning time and for the classification structure for employees of neighbourhood and community houses.

Operative Date

The operative date for this decision will be the first pay period to commence on or after 8 November 1991. The order is attached. [Correction Order]

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr K. O'Brien and Ms P. Shelly for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
Mr W. Fitzgerald for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1991:
Hobart
May 17
June 25
July 8, 9
August 27, 28
September 9, 16, 20
October 7
November 4, 8

1 C.03697 of 1985 and C.04227 of 1985
2 C.03697 of 1985 and C.04227 of 1985
3 Print G.6800 p.17
4 Print H.9100 p.21