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Tasmanian Industrial Commission

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T5844

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

The State Public Services Federation Tasmania
[now The Community and Public Sector Union
(State Public Services Federation Tasmania)]
(T.5844 of 1995)

and

Minister for Public Sector Management

 

DEPUTY PRESIDENT ROBINSON

HOBART, 17 October 1995

Industrial dispute - alleged breach of General Conditions of Service Award

REASONS FOR INTERIM DECISION

This matter concerns an application by The Community and Public Sector Union (State Public Services Federation Tasmania) (CPSU) for a hearing to settle an industrial dispute pursuant to Section 29(1) of the Industrial Relations Act 1984.

The CPSU complaint was that the Minister for Public Sector Management had continuously breached an award, i.e. the General Conditions of Service Award, an award of this Commission which binds the Crown. In its application the CPSU alleged that the Department of Industrial Relations, Vocational Education and Training (the Department) was approached as long ago as last December (1994) concerning the non-payment of "standby" or "availability allowances"; "call back" provisions; and associated conditions of employment matters specified by the General Conditions of Service Award, but that negotiations to date had failed to have the dispute resolved.

The outcome sought by the applicant in this matter was that there be a reinstatement of entitlements lost by the employees concerned since 1994 and that the Minister observe the award henceforth after that.

It was explained to the Commission by Mr Miller for the CPSU that the Department employed Managers, Assistant Managers and other in-house staff at student hostels throughout the State for students attending Colleges of Further Education.

The dispute related to some Managers and Assistant Managers who were required to sleep-in and be available to deal with any matters which arose during this time. It was said that it was not uncommon for such employees to be called upon to attend to unforeseen problems during the night.

The CPSU supported their allegations as to the facts by production as evidence two sample "position descriptions" relating to the position of "Manager TAFE Residential Services Hobart", which were permanent full-time positions. These two documents were dated 12 July 1993 and listed among the primary tasks was, quote:

"Respond to emergencies at any time when students are in residence."

and later, under the heading "Working Environment":

"The Manager is required to be on call for emergencies or ensure someone is when students are in residence 24 hours per day. Accommodation/meals provided in lieu of overtime/penalty rates."

If the allegations of the applicant that an award which properly applies has not been observed in any respect are true then this would be a serious matter, and no less so as the same employer has the responsibility of ensuring compliance with awards generally.

It is my direction that in settlement of this industrial dispute the parties concerned examine the issues raised as a matter of priority and report progress to me during the course of discussion and negotiation. The case is adjourned and the hearing is to be resumed at a date to be fixed and preferably within a period of 14 days of the date of this decision.

 

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr R. Miller for The Community and Public Sector Union (State Public Services Federation Tasmania).
Mr M. Cameron with Ms D. Salisbury for the Minister for Public Sector Management.

Date and Place of Hearing:
1995.
Hobart:
October 10