T4014 and T5376
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Health Services Union of Australia,
The State Public Services Federation Tasmania
COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD
Making of new award - salaries - classification standards - definitions - conditions of employment - granted
REASONS FOR FINAL DECISION
Arising out of application T.4014 of 1992 a Full Bench of the Commission, on 7 October 1993, determined that a new enterprise award should be made and known as the Community and Health Services (Public Sector) Award (the award). At the same time it determined the scope of the award and that all outstanding matters be referred to me for hearing and determination.
In my Reasons For Further Decision, dated 25 February 1994, I determined the salary levels, classification standards and definitions for professional, technical, administrative and clerical and operational employees. I indicated in that decision that the Orders arising out of that part of the application would follow in due course.
Having determined the salaries, I had this to say about the conditions of employment
The hearing of application T.4014 of 1992 resumed for that purpose on 16 February 1995, at which time the applicant sought and was granted leave to amend the application to include the consideration of the following matters
Application T.5376 of 1995, lodged by The State Public Services Federation Tasmania on 8 February 1995, was made in identical terms.
During the course of the hearing to finalise the making of this new enterprise award an exhibit (HSUA 14) was submitted for the purpose of identifying the agreement of the parties relating to conditions of employment. It was put to me that these matters were subject to lengthy and sometimes difficult negotiations.
The parties agreed that award restructuring was a continuing process and together with enterprise bargaining in the future there would be further examination of the award. It was their submission that the making and finalisation of the new award was consistent with the Wage Fixing Principles and section 36 of the Act.
The parties presented a position of unqualified support for the adoption of the conditions outlined in exhibit HSUA 14, being the result of a somewhat lengthy and arduous process which at times, led to industrial disputation.
The final process in the making of this award is to determine the conditions of employment and in the main, the agreement reflects existing conditions, however, an attempt was made to modernise the language, remove gender specific language and delete clauses that no longer have relevance in the industry.
Even though I have some reservations about one or two of the conditions, nevertheless, I am prepared to endorse the package as presented by the parties with a few minor variations.
The Orders giving effect to this part of the application as well as the Orders arising out of earlier decisions is attached.
There will be various operative dates for this decision and they are outlined in the Order.
R J Watling
Date and place of hearing: