T3524
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Confederation of Industries MEDICAL DIAGNOSTIC SERVICES (PRIVATE SECTOR) AWARD
Award variation - first award - wage rates and conditions of employment - consent matter - award varied - ffpp 29 April 1993 REASONS FOR FURTHER DECISION On 4 November, 1991, the Commission granted an application, lodged by the Tasmanian Confederation of Industries (TCI), to establish a new award in respect to the industry of pathology services and radiology services. Since that time the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) and the TCI have been granted an interest in that award known as the Medical Diagnostic Services (Private Sector) Award. The purpose for resuming the hearing of this application, was to finalise the wage rates and conditions of employment for Administrative, Operational, Technical and Professional employees falling within the scope of that award. The parties presented a consent draft order (Exhibit T1) which contained the following subject matter: Title The parties presented submissions in support of their agreed position however, they acknowledged that the Technical Employee stream would benefit from a review in respect to the level and availability of training for which they had a proposed agenda. In a Memorandum of Understanding (Exhibit T3) it was also stated: "Any such review of classifications and definitions would not attempt to alter the fundamental nature of the Award but would be undertaken to ensure that the classifications and definitions are consistent with the training and qualifications that may be established which at the time of making the Award, were not in place." The wage rates, contained in the agreed draft order establishes relativities one to another, contain 6% + 2.5% increases arising out of the State Wage Case decisions of November, 1989 and August, 1991 respectively as well as the first minimum rates adjustment. The parties foreshadowed that a further three (3) applications would be made every six (6) months in order to complete the minimum rates adjustment process. The overwhelming majority of conditions of employment could be described as the `state standard' having been determined by the Commission during the course of previous hearings. The parties also took the Commission through the translation process from their existing wage levels to the new award. I am prepared to accept the submissions of the parties that the new award should be made along the lines of that shown in Exhibit T1 with the exception of: (a) minor drafting variations; and (b) the classification definitions relating to professional employees. In the case of professional employees those variations have been made to clarify the minimum criteria for advancement through the classification levels. Whilst I expressed some concern during the course of the hearing about the criteria for advancement through the classification levels for technical employees, I am satisfied there will be ongoing discussions in relation to those classification levels and availability of training that may lead to further variations to the award. Given the foregoing the award will be made in the terms sought, including the operative date, i.e. from the first full pay period to commence on or after 29 April, 1993. The Order [Correction Order] giving effect to this decision is attached.
R J Watling Appearances: Date and place of hearing:
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