T5092, T2473 and T2587 - 18 August
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister administering the Tasmanian State Service Act 1984 Tasmanian Prison Officers Association The State Public Services Federation Tasmania PRISON OFFICERS AWARD
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:
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":-
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:
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 Appearances: Dates and places of hearing: |