TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Public Service Association
(T.4270 of 1993)

and

The Minister administering the Tasmanian State Service Act 1984

Industrial dispute - alleged failure to pay employees correctly and at the appropriate time

REASONS FOR DECISION

This matter concerns an application by the Tasmanian Public Service Association (TPSA) for a hearing to settle an industrial dispute pursuant to the provisions of the Industrial Relations Act, 1984.

The dispute was between the Minister administering the Tasmanian State Service Act 1984 (the Minister) and the TPSA which has alleged that the Department of Education and the Arts (the Department) has failed to meet its obligation to pay employees correctly and at the appropriate time.

The problems associated with the demands placed upon personnel employed in the Pay Section of the Department and its ramifications upon other employees entitled to be paid accurately was first heard on 26 February 1993 and adjourned following certain assurances that these problems would be addressed and corrected.

However the Commission relisted this application together with a further application1 to vary the General Conditions of Service Award in relation to "payment of wages".

Specific examples of alleged non-payment; over payment; underpayment; and unauthorised withdrawal of funds from employee's accounts were cited to the Commission.

The Commission was also appraised of the extreme difficulties that affected employees complained of as a consequence of these alleged deficiencies in the pay system.

The TPSA stressed that these specific examples were illustrative only of a much greater number of similar complaints actually received from members.

Again it was stressed that those other TPSA members who are employed in the pay section of the Department were under staffed and under resourced to deal adequately with their onerous task. It was claimed that it was necessary for one such employee to work throughout the night recently and that a health and welfare problem exists and needs to be urgently addressed.

The Minister's representative responded by accepting that employees should be paid correctly and on time.

It was acknowledged that there was a problem in this regard and a number of reasons were outlined.

In addition the Minister's representative listed several broad based initiatives which were designed to alleviate the concerns raised by the TPSA and offered to participate in a joint working party to enhance the solving of pay related problems.

Having heard the respective parties I am able to find that despite the undoubted good intentions of the Department and its officers a serious problem exists in relation to the correct payment of wages on time to a much larger proportion of State servants than can be excused on the basis that occasional mistakes are normal in any system.

Nothing was put to the Commission which excuses either the magnitude or the nature and extent of the problems which exist.

The fact that there are a large number of employees; or that their hours of duty vary; or that pay-day falls two days after schools resumed in the New Year; or that there is a new system; make it clear, for instance, why a person is not paid at all on successive fortnights after complaint on the first of such occasions.

Because of possible legal implications I am not prepared to comment at this stage upon the assertion that the personal accounts of some employees were accessed and funds withdrawn after being deposited without either the knowledge or authority of the individual concerned.

Nor am I prepared to comment at this stage upon the TPSA's assertion that such withdrawal from accounts was executed at either the request or instruction of the Department, other than to say such allegations, if they can be substantiated, are very serious.

I make the same comment, with the same qualification, regarding assertions that some employees were deliberately not paid moneys properly due to them without authority contrary to the provisions of the Industrial Relations Act 1984.

In settlement of this particular dispute I recommend in the strongest possible terms that:

1. The Minister ensure that all employees subject to this Commission's jurisdiction, who individually or through their organisation can justify any underpayment due to them and request immediate rectification be paid by direct cheque within 24 hours of such request.

2. That wages and salaries properly due to employees of the State subject to this Commission's jurisdiction not be unlawfully withheld or withheld without proper authorisation from the employee concerned.

3. That immediate steps be instituted to identify and rectify current deficiencies in the accurate processing and payment of wages and salaries properly due to State Servants subject to this Commission's jurisdiction.

The TPSA and other relevant employee organisations, where appropriate, be invited to participate and contribute in such an exercise.

Furthermore that the Commission be kept advised at regular intervals as to the measures being adopted and their effectiveness in rectifying present problems.

4. That immediate measures be taken to identify and rectify any human or resource deficiencies in the pay section of the Department and the effects, if any, on the health of employees of that Section.

Having made these strong recommendations I will expect to be furnished with a report concerning same when the hearing resumes at 10.30am on Tuesday 20 April 1993.

Leave is reserved for the TPSA to again apply for Orders if circumstances can be shown to justify such a request.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr G Vines with Ms S Strugnell for the Tasmanian Public Service Association.
Mr M Brough for the Tasmanian TAFE Staff Society.
Mr J McCabe with Mr G Payne and Mr P Ratcliffe for the Minister administering the Tasmanian State Service Act 1984.

Date and place of hearing:
1993
February 26
March 15
Hobart

1 T No 4287 of 1993