T3230
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia, WELFARE AND VOLUNTARY AGENCIES AWARD
State Wage Case August 1991 - 2.5% increase REASONS FOR DECISION In this matter the Health Services Union of Australia, Tasmania No. 1 Branch (HSU) sought the variation of the Welfare and Voluntary Agencies Award to increase wage rates and allowances in accordance with the 13 August 1991 State Wage Case decision1. The Commission was informed by the parties that the variation requested to be made was by consent and that they could satisfy the requirements of the Structural Efficiency Principle as set out in the above SWC decision. In that regard Mr Warwick submitted that the parties had applied themselves to fundamentally reviewing the award and implementing structural efficiencies in the workplace. Mr Warwick referred to the Commission decision2 awarding the second instalment structural efficiency increase which he said contemplated most of the matters set out in the Structural Efficiency Principle; the exceptions being consultative mechanisms and a provision in the award enabling the employer to direct an employee to carry out such duties as are within the limits of the employees' skill, competence and training. To overcome that obstacle Mr Sertori tendered the following agreed draft clauses for inclusion in the award: "CONSULTATIVE PROCEDURES (a) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the industries and those establishments covered by Clause 2 - Scope, and to enhance the career opportunities and job security of employees in these industries and establishments. (b) At each enterprise or establishment, the employer, the employees and the relevant union or unions, shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that enterprise or establishment. Measures raised by the employer, employees or union or unions for consideration consistent with the objectives of subclause (a) herein shall be processed through that consultative mechanism and procedures. TERMS OF ENGAGEMENT (a) (i) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling. (ii) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment. (iii) Any direction issued by an employer pursuant to subclause (i) and (ii) shall be consistent with the employee's responsibilities to provide a safe and healthy working environment." I consider that the substance of those clauses satisfy the requirements of the Structural Efficiency Principle. The parties in this matter fully addressed the requirements of the Structural Efficiency Principle and have demonstrated compliance with every aspect of it. In addition the employee organisations party to the award have provided the Commission with a written no extra claims commitment in the terms set out in the SWC decision. In all of the circumstances wage rates and work-related allowances will be increased by 2.5 per cent operative from the first pay period to commence on or after 28 September 1991. Order
R.K. Gozzi Appearances: Date and Place of Hearing: |