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Tasmanian Industrial Commission

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T2417 - 1 March

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Education Union
Tasmanian Branch

(T.2417 of 1990)

TECHNICAL AND FURTHER EDUCATION STAFF AWARD

 

COMMISSIONER R K GOZZI

HOBART 1 March 1994

Award variation - salary increases Division C, Librarian classification

STATEMENT

It is clear from my 27 August 1993 decision that the way was left open for the AEU to pursue special case proceedings in respect of librarian classifications in Division C of the Award.

However, the Commission made it clear that it considered that it would be appropriate for Division C classifications including librarians to be classified in appropriate existing public sector awards. It appears from the submissions of Mr McCabe that the Department through its Human Resources Section is now considering or assessing which awards should be utilised to that end.

In that regard an indication has been given by Mr McCabe that the 4 stream proposals, for which a Full Bench of this Commission has determined salary levels and endorsed classification standards, may be relied upon to facilitate the classification of employees, among others, subject to these special case proceedings. That process would, prima facie, accord with the submissions of the AEU in that part of the special case leading to the 27 August 1993 decision.

However in the matter before me on 1 March 1994 a clear indication that the 4 stream proposals and classification standards would be adopted was not able to be given. I was informed that the department are "looking at" award translation and no firm undertaking beyond that was able to be provided.

It is therefore understandable that the AEU raised concerns about the processes contemplated by the Minister. Notwithstanding I wish to allow for the opportunity for the classification exercise as outlined by Mr McCabe to take place. In that regard I recommend that the AEU be involved in timetabled discussions to bring this matter to conclusion. I also urge that the classification standards and salary levels in the 4 stream proposals be considered in the process I have foreshadowed.

To allow the parties to undertake the negotiations I envisage, I have decided to adjourn this matter until 24 March 1993 at 9.30 am for report back only.

This will provide an opportunity to assess if the processes I have referred to above are capable of achieving a resolution of this matter. I should add that I do not agree with Mr McCabe that issues being undertaken by virtue of Section 33(1) of the Tasmanian State Service Act, 1984 are inhibiting in the context of proceeding to hear and determine this matter in accordance with the referral to me by the President dated 7 August 1990.

It should be obvious to the parties that I am prepared to give the processes of negotiation and consultation a chance to settle this matter.

 

R K Gozzi
COMMISSIONER

Appearances:
Mr J McCabe with Mr J Dinely for the Minister administering the State Service Act 1984
Mr D Holden with Mr K Aulich for the Australian Education Union, Tasmanian Branch

Date and Place of Hearing:
1994
Hobart
March 1