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T4014

 

TASMANIAN INDUSTRIAL COMMISSION

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

Health Services Union of Australia
Tasmania No. 1 Branch

(T.4014 of 1993)

COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD

 

COMMISSIONER R J WATLING

HOBART, 25 February 1994

Making of new award - salaries - classification standards - definitions

REASONS FOR FURTHER DECISION

In its decision dated 7 October, 1993, a Full Bench of the Commission made a new enterprise award known as the Community and Health Services (Public Sector) Award.

It was established in respect of employees, (within the meaning of the Tasmanian State Service Act 1984), employed in the Department of Community and Health Services, who occupy positions which require the performance of professional, technical, operational or administrative and clerical work as defined by the classification standards contained in the award. It was also decided that no other award of the Tasmanian Industrial Commission would apply to employees of the Department of Community and Health Services, with the following exceptions:

(a)  Medical Practitioners (Public Sector) Award;

(b)  Dental Employees Award;

(c)  Tasmanian Ambulance Service Award.

The application which gave rise to that decision was referred to me by the Full Bench to hear and determine all outstanding issues. I listed the matter for further hearing to determine the salaries and classification standards that should apply to employees falling within the previously determined scope of the award.

During the hearing the Commission was informed by the parties that after many months of negotiation they had reached an agreement on the salary structures and classification standards to be placed in this, an enterprise award.

The agreement was presented in the form of an exhibit, the contents of which can be seen in attachment `A' to this decision. The parties submitted lengthy submissions in support of their proposal that the award should contain professional, technical, administrative and clerical and operational streams along with relevant classification standards for each of the levels within the streams.

They also addressed the Wage Fixing Principles and the Public Interest requirements of the Act .

Decision

At this stage of the proceedings I am only required to consider and determine the salaries and classification standards for those employees who occupy positions which require the performance of, at some time in the future, professional, technical, administrative and clerical or operational work.

Having considered all the information put to me during the course of this hearing I have arrived at the conclusion that the agreed salaries and classification standards presented by the parties and attached to this decision should be accepted by the Commission and I decide accordingly.

My reasons are as follows:

1.  In its decision1 dated 29 November, 1991, a Full Bench of the Commission determined that there should be four model awards to cover the professional, technical, administrative and clerical and operations streams. It also determined classification standards, definitions and levels of pay for those awards, thus providing with the essential framework to enable the appropriate classification and translation of existing positions and employees.

The salary levels and classification standards and definitions for the professional, technical and administrative and clerical streams presented for my determination in this matter are identical to those previously determined by the Full Bench in its decision of 29 November 1991 and I see no reason to depart from that decision as it was extensively work valued at the time.

2.  The same Full Bench in a further decision dated 23 April 1993 decided to move away from the statewide process for dealing with award restructuring, conditions reform and workplace efficiency issues in the state service as it was satisfied that the parties generally had no commitment to the process.

In that further decision the Bench stated -

"In the circumstances, we consider that the parties should now feel free to exercise options which could include arrangements designed to suit individual agency circumstances, whether this be by way of enterprise or agency awards, industrial agreements or enterprise agreements. As the Commission is excluded from dealing with enterprise agreements, the Commission may only deal with the parties in relation to awards or Section 55 industrial agreements.

The classification standards, set out in the decision of 29 November 1991, which were derived, in the main, from standards proposed by the Minister have been work valued by the Bench. In the event that these standards remain fundamentally unaltered the rates of pay previously determined obviously will have relevance. It will be up to the parties in the context of applications for awards or industrial agreements, to satisfy the Commission that a departure from the standards, or the rates determined by the Bench, is, or is not, justified.

In addition, the Commission will ensure that any award or agreement that is proposed to be made or approved, has effectively addressed the issues of conditions of employment, efficiency and productivity, either on an agency or enterprise basis, or where appropriate, on a service-wide basis.

This approach has the advantage of facilitating the agency-by-agency procedure favoured by most of the parties and will ensure that the work that already has been undertaken by the employee organisations and the employer in the award restructuring exercise will continue to be of use. To that extent the process of workplace reform and rationalisation of conditions of employment should be finalised more expeditiously than otherwise might have been the case.

In accordance with the Wage Fixing Principles any application which contemplates increases in wages and salaries or improvements in conditions which exceed those allowable under the October 1989 and the August 1991 State Wage Case decisions will be processed as a special case before a Full Bench of the Commission, unless otherwise determined by the President."

The parties have exercised the option, granted to them by the Full Bench, to establish an enterprise award designed to meet the needs and circumstances of the agency. I am satisfied, in respect to the operational stream, where the parties have departed from the standards and salaries determined by the Full Bench for that stream, that they have not destroyed the overall integrity of the stream but have sought to make it agency specific and focus on functional areas and multiskilling, especially in levels 2 and 3.

3. There are gains for both employer and employee in terms of job redesign, multiskilling, clearly defined skill based career paths, award modernisation and structural efficiency by endorsing the proposal of the parties. It will also see the eventual abolition of over 1000 salary points and 17 awards that currently apply in the agency.

4. Because the parties to this enterprise award have shown a genuine commitment to the process of workplace reform it would not be appropriate to deny their application in the form and structure they desire. It will also allow the 180 workplace reform groups, established within the agency, to complete their tasks by having access to the classification standards for the various streams.

5. The application is not contrary to the Wage Fixing Principles and no submission was put to me that would have me arrive at the conclusion that it was against the Public Interest.

General Matters

During the course of the hearing, an exhibit (HSUA 12) was tendered to indicate an agreement between the parties on miscellaneous matters. They are contained in attachment `B' of this decision and relate to -

(a)  the administrative and clerical stream,

(b)  specialist attendants,

(c)  the training level for the operational stream, and

(d)  trades staff and skill related allowances.

The substance of this agreement is noted and I will leave it to the parties to address those issues in the near future.

Order

The order giving effect to this decision will follow in due course, but in any case, not until I have -

(a)  finalised the outstanding matters contained in HSUA 12 (see attachment `B' and

(b)  the parties have addressed me on the question of the method to be used for calculating the rates of pay for part-time, temporary and casual employees and juniors and apprentices.

Conditions of Employment

To finalise the making of this new award there is a need for the parties to continue their discussions on conditions of employment with a view to achieving one set of conditions which can be universally applied to all persons falling within the scope of this award.

To that end this application will be relisted to hear submissions on conditions of employment on Tuesday, 26 April, 1994.

Operative Date

The operative date of this decision will be that agreed to by the parties and contained in a document known as the Memorandum of Understanding i.e. 1 December 1993.

 

R J Watling
COMMISSIONER

Appearances:
Mr T Kleyn, Mr M Hall and Ms R Harvey for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr P Aiken for the State Public Services Federation Tasmania.
Mr M Watson with Mr M Stevens and Mr J Bone for the Minister administering the Tasmanian State Service Act 1984.

Date and place of hearing:
1993
Dec 13
1994
Feb 17 & 18
Hobart

 

ATTACHMENT `B'
(Exhibit HSUA 12)

AGREEMENT BETWEEN THE PARTIES
MISCELLANEOUS MATTERS

1.      Administrative and Clerical Stream

The parties acknowledge that as a result of the implementation of the administrative and clerical stream that it may be necessary to review levels 10, 11 and 12 and the parties foreshadow this possibility to the Commission.

This need arises from the absorption of SES Levels 1 and 2 into the administrative and clerical stream and programme management. Both these factors have occurred since the 29 November 1991 decision T.2399.

2.      Specialist Attendants

The parties agree that attendants exercising specialist skills have not been adequately addressed in the operational stream structure. It is agreed that the translation of attendants exercising specialist skills will need to be dealt with as part of implementation. Accordingly the parties indicate to the Commission that it may be necessary to modify the operational stream structure as a result of that implementation.

3.      Trainee Level - Operational Stream

The parties agree to negotiate a structured training programme and an appropriate classification definition. Accordingly this matter should be reserved.

4.      Trades Staff and Skill Related Allowances

The parties agree to absorb all skill related allowances in the award subject to the following provisions:

(a)  all employees eligible for the special class allowance will be translated to Level 8 in the operational stream, unless classified elsewhere in accordance with the classification standards;

(b)  For the purpose of this agreement the relevant allowances are:

(i)  Wireman's Licence

(ii)  Plumbing Duty Allowance (except any employee classified over Level 6);

(iii)  Lift Industry Allowance;

(iv)  Plumbing Registration Allowance;

(v)  Nominee allowances (Plumbing and HEC)

Further the parties agree to adjust the operational stream structure to create increment points to fully compensate employees for allowances if they are to be absorbed into the operational stream (as agreed before the TIC on 18 February) to go into the new Community and Health Services Award.

 

1 T.Nos. 2399, 2467, 2469, 2470, 2471, 2472, 2473, 2475, 2476 2477, 2478, 2479, 2480, 2481, 2653, 2654, 2655, 2656, 2657, 2511, 2605, 2504, 2506 & 2456 of 1990, T.3200, 2992 & 3625 of 1991 and T.Nos. 1844 and 2264 of 1989