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Tasmanian Industrial Commission

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T5054

 

TASMANIAN INDUSTRIAL COMMISSION

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

Health Services Union of Australia
Tasmania No. 1 Branch

(T.5054 of 1994)

HOSPITALS AWARD

 

COMMISSIONER R K GOZZI

HOBART 27 June 1994

Award variation - definitions and salaries

REASONS FOR DECISION

In this matter the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) sought the variation of the Hospitals Award to reflect definitions, award career streams based on classifications standards, modelled almost extensively on the classification standards endorsed by the "Public Sector Award Restructuring Full Bench" and salary level. The Tasmanian Chamber of Commerce and Industry Limited (TCCI) consented to the application as amended on the day of hearing and set out in Exhibit HSUA1.

Mr Targett for the TCCI briefed the Commission on the background to this application. Given the recent reassignment of portfolios among members of the Commission I appreciated the through explanation provided by Mr Targett for the benefit of the Commission as constituted in this matter.

Whilst I had no difficulty with the proposed variation to the award, I was concerned that the award restructuring exercise in respect of conditions of employment had been left to one side to be dealt with separately from the implementation of the four classification streams and related salaries. Also that the translation process appeared to contemplate a point to point exercise albeit that existing duties and responsibilities were intended to be relied upon in assessing the appropriate classification levels for employees. The point of my concern, as I expressed it during the course of the proceedings, was that specific job redesign processes had not been undertaken and that in the event I varied the award now, it could result in the examination of conditions of employment and the broadbanding of jobs based on new job specifications being inordinately delayed or not undertaken at all. Clearly I saw the implementation of the streams and salaries being a part of an indivisible package which included the matters referred to above.

In response to those concerns I was assured by Mr Targett and Mr Kleyn for the HSUA that the review process referred to in this decision would be attended to apace and that the parties were committed to this end. Additionally Mr Targett informed me that in the work places where the Hospitals Award had application, a significant amount of workplace reform had already occurred. It was the submission of Mr Targett that this factor should be taken into account by the Commission in addition to the very clear intention of the parties to pursue the completion of the award restructuring process.

Having regard to the persuasive submissions of Mr Kleyn and Mr Targett I am prepared to accede to their request to vary the award in the manner set out in Exhibit HSUA1.

Given the agreement between the parties in respect of the operative date, pursuant to Section 37(5)(a) of the Industrial Relations Act 1984 I endorse the first full pay period to commence on or after 1 December 1993 as being the date of operation for this variation.

The order [correction order] is attached.

 

R K Gozzi
COMMISSIONER

APPEARANCES:
Mr T Kleyn for the Health Services Union of Australia Tasmania No. 1 Branch
Mr P Targett for the Tasmanian Chamber of Commerce and Industry Limited

DATE AND PLACE OF HEARING:
1994.
Hobart:
June 2