TASMANIAN INDUSTRIAL COMMISSION

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

The Minister for Public Sector Management
(T.5355 of 1995)

Tasmanian Ambulance Service Award

Award variation- new definitions and salaries

REASONS FOR DECISION

In this matter the Minister for Public Sector Management (the Minister) made application for the variation of the Tasmanian Ambulance Service Award to provide for new definitions and classifications and to delete those which had become redundant. The application was also made to give effect to the outcome of an operational review of the Tasmanian Ambulance Service in so far as it impinged on quality assurance, training, financial and human resource functions. Further the variations sought to give effect to Reasons for Decision in matter T5086 of 1994 dated 24 August 1994 which concerned an industrial dispute.

With regard to the inclusion in the award of new classifications the parties informed the Commission that they were in consent in respect of the following classifications and salaries.

The above salary levels were said to be exclusive of any Public Sector Wage Agreement adjustments. The Commission was informed that the cumulative outcome of that wages agreement, 4 per cent in total, would be sought to be included in the award, in respect of all classifications, when the agreement expired in October 1995.

Having regard to the submissions of the parties I am concerned that some positions relied upon by the parties to arrive at the consent salary levels will in fact be classified upwards consequential to their translation to the Community and Health Services (Public Sector) Award. From what was said by Mr Bone for the Minister the reclassifications did not arise because of any changes to duties and responsibilities but because of point to point translations. From my point of view that immediately raises high level concerns in that the consent work value assessments made by the parties in this matter are at the very least questionable. Also the point should be made that in the Public Sector Four Streams Case1 the Full Bench did not envisage point to point translations as a matter of course. The Full Bench contemplated that jobs would be redesigned or broad banded to equate with the classifications standards that were established. This approach appeared not to have been adopted by the parties in respect of the positions relied upon to establish the work value for the new positions in the Tasmanian Ambulance Service Award. Prima facie this could create an anomaly in that positions said to equate in terms of work value will not equate in salary terms when the translations are finalised.

I have given this aspect long consideration and in the end I have decided to endorse the salaries agreed by the parties. I have done so on the assurance that the Tasmanian Ambulance Service Award will be further reviewed including the applicability of Streams. I do not wish to delay the implementation of the consent position of the parties as in the final analysis I consider that at least the residue matters arising from the dispute in T5086 of 1994 have been addressed to the point where the review of the entire award can be properly commenced.

The deletion of redundant classifications as requested by the parties is also endorsed. The order, in respect of all matters, operative from the date of this decision is attached.

R K Gozzi
COMMISSIONER

Appearances:
Mr J Bone with Mr G Taylor and Mr N Dalwood for the Minister for Public Sector Management
Mr P Nielsen for the Health Services Union of Australia Tasmania No. 1 Branch

Date and Place of Hearing:
1995.
Hobart:
February 24
March 30