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T5092, T2473 and T2587 - 18 August

 

TASMANIAN INDUSTRIAL COMMISSION

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

Minister administering the Tasmanian State Service Act 1984
(T.5092 of 1994)

Tasmanian Prison Officers Association
(T.2473 of 1990)

The State Public Services Federation Tasmania
(T.2587 of 1990)

PRISON OFFICERS AWARD

COMMISSIONER P A IMLACH

18 August 1994

Wage rates - structural efficiency principle - special case - Prison Officers Award

REASONS FOR DECISION [Previous Decision]

Two of these three applications for amendments to be made to the Prison Officers Award (the Award) under the Structural Efficiency Principle (the SEP) were made in 1990, T.2473 of 1990 by The State Public Services Federation Tasmania (the SPSFT) and T.2587 of 1990 by the Tasmanian Prison Officers Association (the TPOA).

In December 1991 both applications were referred to me following a Full Bench decision of 29 November 1991 (T.2399 et al) for hearing and determination as special cases as provided for under the principles.

In October 1992 the TPOA commenced a full work value case before the Commission and at different times, took the Commission on inspections in the Risdon Prison in Hobart (the Maximum Security Prison, the Womens Prison and the Minimum Security Prison), the Hayes Prison Farm in the Derwent Valley and the Launceston Prison. To facilitate proceedings witnesses gave evidence at hearings set up during the inspections.

The TPOA completed its primary submission in late January 1994 and the Minister administering the Tasmanian State Service Act 1984, being the Minister for Public Sector Management (the Minister) commenced his reply in February 1994.

In March 1994 the SPSFT, which to that date had not participated generally in proceedings, advised the Commission that the TPOA would be advocating on behalf of the SPSFT, in particular, with regard to certain senior classifications, part of the SPSFT's claim.

The TPOA in May 1994, took up the case for the senior classifications and brought a witness.

In late May 1994, the Minister resumed his reply to what was by then TPOA's completed primary case. In making his submissions the Minister produced, in the form of a draft new Prison Service Enterprise Award, his proposals as alternatives to those put forward by the TPOA (Exhibit M ). They contained some significant changes to the Award. The Minister completed his submission and, so as to secure and formalise his position, on 6 June 1994, he made his own application to amend the Prison Officers Award (T.5092 of 1994) in the form of an amended version of his alternative proposals submitted during his final submissions.

On 7 June 1994, the Commission joined the Minister's application to the two original applications. The Minister stressed that his proposed amendments were not final and they were available as a basis for negotiations.

The hearing adjourned on the understanding that negotiations between the parties would take place and the TPOA would be preparing its final submissions.

On 5 August 1994 the parties returned to the Commission and advised that full agreement had been reached. A draft amended award incorporating the details of their agreement was produced and after submissions explaining the changes agreed between the parties, the Commission was requested to endorse the agreement.

The significant agreed items in the proposed amended Award were:

  • A change in title to the "Custodial Officers Award";

  • Changes to the format of standard clauses at the beginning of the Award and in the terminology normally used in those clauses and the abandonment of the alphabetical listing of clauses after Clause 8.

  • A new classification structure and a revised Clause 6 - Qualifications, to reflect the changed classification structure.

  • A new Clause 7 - Hours of Work providing for a 38 hour working week (hours of work were previously prescribed by State Service Regulations).

  • Significant changes to the payment of wages clause including a provision for electronic funds transfer and other such methods of payment and giving the employee the right to nominate into which banking or financial institution the wages should be paid.

  • A revised shiftwork clause.

  • A revised on-call clause.

  • A new multiskilling clause.

  • A new enterprise flexibility clause.

  • A revised disputes settling procedure clause.

  • A clause prescribing three additional separate wage increases to operate:

  • "(a) from the pay period commencing closest to 1st January 1995 - by a further 1.0%

    (b) from the pay period commencing closest to 1st October 1995 - by a further 1.0%; and

    (c) from the pay period commencing closest to 1st July 1996 - by a further 1.4%."

    with no other increases to occur before 31 December 1996, except as provided for in the State Services Wages Arrangements Agreement.

On the basis of the long period involved in the settling of the applications and the agreement between the parties the Commission was asked to approve the first date of operation as 7 April 1994 (there were other prospective dates agreed for certain additional wage increases, part of the settlement).

Decision:

With the exception of the proposed changes to the traditional form of the Commission's awards generally, I accept the agreed amendments proposed by the parties to the Award. I consider that the agreement between the parties truly reflects the letter and the spirit of the current Principles of the Commission in particular the words of the SEP":-

"... that the parties to an award cooperate positively in a fundamental review of that award with a view to implementing measures to improve the efficiency of industry and provide employees with access to more varied, fulfilling and better paid jobs."

The parties are to be congratulated on their settlement because it was only reached after a very long period of claims, counter claims, work and negotiations. I am well satisfied that the end result reflected all those endeavours as well as the intent of the Principles, but importantly, was the best result that could have been expected reasonably.

As to the proposed changes to the format of the Award I have decided that it would not be appropriate for one Commissioner to unilaterally interfere with what has been established over a long period by the Commission. In another forum of the Commission some of the proposed changes ought to be considered on their merits. There were some proposed changes, however, which I am prepared to endorse and with all the foregoing in mind I have decided that:

  • the titles of the first eight clauses in the Award will remain as they were and all consequent clauses will be put in alphabetical order.

  • Except for the 1994 reference the scope clause will reflect the agreement between the parties.

  • Except for the change in terminology, the date of operation clause will reflect the agreement between the parties.

  • The supersession and savings clause will reflect fully the agreement between the parties.

  • The parties and persons bound clause will reflect fully the agreement between the parties.

I accept that the proposed amendments to the Award are not against the public interest and are in conformity with the requirements of the Act.

I confirm, in accordance with Section 37(5) of the Act, that the date of operation of the amendments to the Award endorsed by this decision will be on and from 7 April 1994.

A conference will be held with the parties as soon as they are available to settle the order arising from this decision.

 

P A Imlach
COMMISSIONER

Appearances:
P. Nielsen and C. Shirley with C. Hughes and B. Masters for the Tasmanian Prison Officers Association.
R. Hunt and K. Grey with S. Hawley for The State Public Services Federation Tasmania.
C. Willingham and W. Burgess with B. Marris, G. Lawler and L. Lawrence for the Minister administering the Tasmanian State Service Act 1984.

Dates and places of hearing:
1992.
Hobart:
October 14;
November 4.
Hayes Prison Farm:
November 20.
Launceston Prison:
November 27.
Risdon Prison:
December 4, 11.
1993.
Risdon Prison:
March 5;
May 7.
Hobart:
June 24.
1994.
Hobart:
January 27;
February 17, 25;
March 17;
April 22;
May 4, 31.