TASMANIAN INDUSTRIAL COMMISSION

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

Hospital Employees' Federation of Australia
Tasmania Branch
(T.3041 of 1991)

and

The Minister Administering the Tasmanian State Service Act 1984

Discontinuation of 9 day fortnight for new employees & employees who transfer or who are reclassified

REASONS FOR DECISION

This application was made by the Hospital Employees' Federation of Australia, Tasmania Branch (the union) for a hearing pursuant to Section 29 (1) of the Industrial Relations Act 1984 for the purpose of resolving a potential dispute between the union and the Minister Administering the Tasmanian State Service Act 1984 (the employer) and within the Department of Health (the agency).

The industrial unrest centres around action taken by the employer to discontinue offering new employees and certain employees promoted and or transferred within the agency a 9 day fortnight in those sections where that practice occurs.

Without going chapter and verse through the lengthy submissions presented by the parties appearing at the hearing, nevertheless, the following facts emerged:

(1) The employers objective is to achieve standard hours of work and to eliminate the 9 day fortnight where it is now the practice during the course of structural efficiency negotiations within the agency.

(2) The employer, whilst recognising it would be difficult to change conditions already applying to existing employees, nevertheless, has adopted a policy within the agency that:

(a) new employees will be offered either a 19 day month or a 10 day fortnight, but NOT a 9 day fortnight;

(b) existing employees, currently working a 9 day fortnight, on appointment or promotion to another position, will retain the 9 day fortnight conditions of employment;

(c) existing employees, not currently working a 9 day fortnight, on appointment, promotion or transfer to another position within a section where a 9 day fortnight is being worked, will be offered either a 19 day month or a 10 day fortnight, but not a 9 day fortnight;

(d) existing employees currently working a 9 day fortnight, on appointment, promotion or transfer to another position within a section where a 19 month is being worked, will be offered a 19 day month.

The parties to the hearing acknowledged that the question of hours of work and the method by which those hours are worked, were subject to discussion during the current structural efficiency negotiations.

The union during this hearing requested the Commission to direct the employer to allow the "status quo" in relation to the operation of the 9 day fortnight, to remain in force whilst the matter was being discussed during the structural efficiency negotiations.

However, the "status quo" from the union's perspective means:

(a) employees currently in receipt of the 9 day fortnight should continue with that condition of employment;

(b) any new employees taking up positions in a section where a 9 day fortnight is worked, be offered the 9 day fortnight; and

(c) any existing employees appointed, promoted and/or transferred into a position in a section where a 9 day fortnight was being worked (even though they may have previously worked a 19 day month) should be offered the 9 day fortnight.

It was the union's contention, that if the employer did not return to the "status quo" as they interpreted it, then the employer may be in breach of the award.

It is not my role in this matter to either interpret the award or determine whether the employer is in breach of the award, however, it is worth noting that the Hospital Employees (Public Hospitals) Award does not contain a provision relating to the 9 day fortnight.

Having considered all the submissions, it is my recommendation that only those employees currently in receipt of a 9 day fortnight be allowed to continue with that condition of employment whilst discussions are taking place under the Structural Efficiency Principle in an endeavour to standardise conditions in the Public Sector.

R J Watling
COMMISSIONER

Appearances:
Mr D McLane with Mr W Holt for the Hospital Employees' Federation of Australia, Tasmania Branch now the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr R Hunt for the Tasmanian Public Service Association.
Mr R Hughes for the Minister Administering the Tasmanian State Service Act 1984.

Date and Place of Hearing:
1991
May 7
Hobart