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Tasmanian Industrial Commission

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T3021

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing in respect of an industrial dispute

Commissioner for Police
(T.3021 of 1991)

and

Police Association of Tasmania

 

PRESIDENT F.D. WESTWOOD

HOBART, 29 May 1991

Industrial dispute - foreshadowed industrial action

REASONS FOR FURTHER DECISION

Mr Willingham on behalf of the Commissioner for Police requested me by letter dated 24 May 1991 to reconvene the hearing in this matter to consider the employer's submission that I should issue orders pursuant to Section 31 of the Industrial Relations Act requiring:

(a) the Police Association of Tasmania, its office bearers and its members to lift all bans and cease all industrial action; and

(b) the Police Association of Tasmania's wage claim be referred to the State Wage Case (public sector) full bench.

Although the Association suspended the bans and limitations on 26 April 1991 to enable meaningful discussions to occur they were reimposed on 10 May 1991 after negotiations had broken down. Since that time several meetings had been held between the Association and senior Government officials, none of which produced the agreement which had become an essential item for the Association. The employer, in fact, had rejected all proposals.

Mr Morrow strongly argued what he saw to be the correct stand by the Association.

However it must be patently obvious to the Association and its members that an agreement will not be achieved in this matter. The Association has clearly made its point that it believes it was misled by election promises made by the Government when it was in opposition in 1989. Members must now realise however that the only sensible course of action available to them to achieve their objectives is to proceed to the arbitration of their claim.

To enable that to occur the Association must first lodge an application in the Commission to vary the Police Award in accordance with its "arguable Special Case" status.

The Association's continued imposition of bans and limitations and the frequent hints that industrial action might be escalated is a matter of grave concern. Such action is contrary to the public interest. The Association must return to the orderly system of industrial relations practice which involves compulsory arbitration when all negotiations and efforts at conciliation have failed.

I rely on the good sense of Association members to recognise that the time has come to remove entirely all bans and limitations and to make the appropriate application to have their special case claim heard. I trust that members of the Association will reach this conclusion voluntarily.

I understand that meetings of the various branches of the Association have been programmed to occur during the next five or six days and I direct the executive of the Association to clearly indicate to members during those meetings the futility and counter productive nature of their current course of action.

If all bans and limitations have not been removed by midnight on Monday, 3 June 1991, I will have no alternative but to issue an order, without notice, requiring such action.

In addition I direct the Association to lodge an application to vary the Police Award to take account of its special case argument by the close of business on Friday, 7 June 1991.

 

F.D. Westwood
PRESIDENT

Appearances:
Mr C. Willingham with Mr D. Hanlon for the Commissioner for Police.
Mr K. Morrow with Mr A. Henley and Mr P. Wilkinson for the Police Association of Tasmania.

Date and Place of Hearing:
1991
Hobart
May 28