Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T2594 and TA68

 

TASMANIAN INDUSTRIAL COMMISSION

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

United Firefighters Union of Tasmania
(T.2594 of 1990)
(TA.68 of 1990)

Minister administering the Tasmanian State Service Act 1984
(T.3969 of 1992)

FIRE BRIGADES AWARD

 

DEPUTY PRESIDENT A ROBINSON

HOBART, 28 April 1994

Award - Wage Rates and Conditions of Employment - Firefighters "special case" application - State Wage Case October 1989 - Structural Efficiency Principle

REASONS FOR FURTHER DECISION

On 10 December 1993 I issued Reasons for Interim Decision in relation to applications T.2594 of 1990 and TA.68 of 1990 in which I found the United Firefighters Union of Tasmania had proven the existence of a special case and a number of grounds existed for restructuring the classifications contained in the Fire Brigades Award. In addition a general wage increase of 7% was found to have been justified and was accordingly granted; certain allowances were to be absorbed; a benchmark classification was established; and phasing in arrangements in respect of increases were stipulated.

The parties were then directed to confer in relation to consequential matters going to:

  • revised salary scales and relativities

  • definitions

  • transitional arrangements

  • progression criteria

  • classification standards

Matter T.3969 of 1992 concerned an application by the Minister administering the State Service Act to significantly revise conditions of employment in the Fire Brigades Award in accordance with relevant Wage Fixing Principles and this matter had been separately heard.

However both applications were joined when a further hearing was held on 21 April 1994. At that time the parties reported that they had prepared consent documents which covered all outstanding issues relating to both wage rates and conditions of employment and incorporated previously agreed matters.

Thus a new award was prepared which would incorporate the following, inter alia:-

  • A career scale with advancement available following skills acquisition through continuous training and attainment of satisfactory pass levels after examinations and tests at set time intervals. Senior positions to be by promotion only.

  • Salary relativities being established by using the classifications of First Class Firefighter as the 100% benchmark figure. Other classifications range from 72% (trainee Fire Equipment Officer) to 138% (Superintendent/District Officer).

  • The setting of classification standards and definitions.

  • A clause dealing with Flexibility in Employment.

  • Criteria for Promotion and Advancement.

The new proposed award as submitted also carries forward many standard provisions which were unchanged save for minor wording and cross referencing modifications. One such provision which is of long standing interestingly relates to "SICK DEPENDANTS".

This particular clause provides as follows:-

"The Controlling Authority shall grant leave to an employee, subject to the presentation of a doctor's certificate, to tend a sick spouse and to care for children. Such leave shall be deducted from the employee's sick leave and the amount of such leave shall not exceed 10 days per sick leave year."

Finally the parties were confident that transitional arrangements can be settled informally and no award clause is therefore considered necessary.

Since all of the proposed award variations were designed to provide a more efficient and better structured fire service through enhanced skills acquisition and increased responsibilities throughout the various ranks based upon my earlier published findings of fact I decide that it would be consistent with public interest and Wage Fixing Principles to accept the consent award contained in exhibits submitted by the parties.

Accordingly the award will be made in the terms proposed save for some minor amendments decided through a drafting conference involving the parties and the order will follow in due course.

Date of Operation

The second and final part of the phased in wage increase together with all conditions of employment matters will have effect from the first pay period commencing on or after 1 July 1994.

 

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr N Devine with Mr L Dewhurst for the United Firefighters Union of Tasmania
Mr F Ogle with Mr J Thompson for the Minister administering the Tasmanian State Service Act

Date and Place of Hearing:
1994.
Hobart:
April 21