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Tasmanian Industrial Commission

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T5900

 

TASMANIAN INDUSTRIAL COMMISSION

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

Minister for Public Sector Management
(T5900 of 1995)

GENERAL OFFICERS AWARD

 

COMMISSIONER P A IMLACH

29 March 1996

Award variation - name change - delete superfluous provisions - amend wording - application approved - operative 18 Jan 96

REASONS FOR DECISION

This was an application made by the Minister for Public Sector Management (the Minister) for variations to be made to the General Officers Award (the Award).

The application sought `to delete superfluous provisions and to amend the wording of the Award in keeping with the continuing process of reviewing awards of the Commission'.

The application included a draft order covering the proposed variations and at the hearing the Minister explained them and made submissions in support of their implementation.

The main changes proposed were:-

  • A new name for the Award, the General Employees Award.

  • A major reduction and simplification of the Scope clause.

  • A simplification of the Supersession and Savings clause.

  • A new name for the Parties and Persons Bound clause, the Award Interest and Parties Bound clause which also reflected changes consistent with the new name.

  • Major changes to the Salaries clause including deletion of all reference to the State Service Wages Arrangements, the deletion of all references to Bookbinders and changes to the provisions for apprentices and employees aged less than 21. It is important to note that the Minister was at pains to explain the reasons behind the proposed changes to the Salaries provisions for employees aged less than 21. A detailed explanation of the changes proposed and the history of these provisions formed part of the Minister's application and are appended to this decision so that the reasons behind the provisions are formally made clear for the future.

  • A new name for the Conditions of Service clause, the Conditions of Employment clause which also included some minor amendments.

  • Deletion of the New Appointments and Promotions clause.

  • A simplification of the Salary Increments clause.

  • Reference to temporary employees was deleted and provisions for casual employees were introduced.

The Minister submitted that the proposed changes fitted and were consistent with the aims of the Commission's Guidelines and were not against the Public Interest. The Minister sought the date of hearing as the date of operation of the variations.

The Community and Public Sector Union (State Public Services Federation Tasmania) (the CPSU) indicated general agreement with the variations sought, but, pointed out some errors and omissions and sought their correction. One or two of the CPSU's points were accepted by the Minister and the others were rejected.

I accept the submissions of the Minister and approve the variations ultimately sought by him. Except for the points which were accepted by the Minister I do not accede to those raised by the CPSU.

The Award will be varied in conformity with the application, as amended, and will commence to operate from the 18 January 1996.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
Ms D Rallings for Minister for Public Sector Management
Mr R Miller for The Community and Public Sector Union (State Public Services Federation Tasmania)

Date and place of hearing:
1996
January 18
Hobart