TASMANIAN INDUSTRIAL COMMISSION

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

Australian Education Union
Tasmanian Branch
(T.2417 of 1990)
(T.3611 of 1991)
(T.3709 of 1992)
(T.4077 of 1992)
(T.4686 of 1992)

and

The Minister administering the Tasmanian State Service Act 1984
(T.3690 of 1992)
(T.4074 of 1992)

Award variation - deletion of Division C from Clause 8 - Wage Rates

REASONS FOR DECISION [Previous Decision]

The Commission in its 27 August 1993 Reasons for Decision in the TAFE Special Case determined that the Technical and Further Education Staff Award should reflect teaching classifications only. This was with the exception of curriculum development officers. All other classifications in Divisions B, C and D were to be translated to other appropriate public sector awards. This has been an ongoing process with only Technical Assistants in Division C still remaining in that part of the award.

In the latest proceedings the parties informed the Commission that they had achieved agreement for these employees to be translated to the Clerical Employees Award. Mr Evans appearing for the Australian Education Union, Tasmanian Branch (AEU) informed the Commission that the AEU's agreement was given on the basis that the employees in the Technical Assistant classifications would:

1.  retain their classification appeal rights;

2.  be subject to salary maintenance as appropriate, and

3.  in cases where the employment period was 4 years or over, be recommended by the Minister's representative in these proceedings to be appointed as permanent employees. This would be undertaken as a matter of urgency.

Mr Miller appearing for The State Public Services Federation Tasmania registered strong concern that the employees in question were designated casual notwithstanding the extensive length of time they had been employed. He submitted that this should be urgently rectified. Also Mr Miller expressed concern that some employees were dissatisfied with their proposed position descriptions.

Mr Willingham appearing for The Minister administering the Tasmanian State Service Act 1984 (the Minister) confirmed that he would recommend to the Secretary of the Department of Industrial Relations Vocational Education and Training that persons as identified in (3) above should be made permanent in accordance with the provisions of the Tasmanian State Service Act 1984. Mr Willingham made it clear however that this was a matter for the Secretary.

Going to the meaning of urgency and the concerns raised by Mr Miller, Mr Willingham indicated that he would raise the question of permanency with the Secretary within two to three days of this hearing. He also provided an assurance that there would be further discussions with Technical Assistants with the objective of securing agreements on the proposed position descriptions.

In all of the circumstances the Commission will now delete Technical Assistant classifications from the award. This will complete all of the necessary classification deletions. In so doing the TAFE Special Case proceedings, which commenced in July 1990 resulting in over 5000 pages of transcript and exhibits numbering in the hundreds, and which resulted in numerous proceedings and Reasons for Decision on matters which were cases within a case, have drawn to a close.

Whilst this has not been an easy case to say the least I much admired the conduct and professionalism of all of the parties and their sheer perseverance. This case is etched in my memory as are the representatives who appeared over the years. I look back on it and them with a curious fondness.

The order operative from 16 August 1995 is attached.

R K GOZZI
COMMISSIONER

Appearances:
Mr N Evans for the Australian Education Union, Tasmanian Branch.
Mr C Willingham with Mrs W Burgess for the Minister administering the Tasmanian State Service Act 1984.
Mr R Miller for the The State Public Services Federation Tasmania.

Date and Place of Hearing:
1995
Hobart
August 16