TASMANIAN INDUSTRIAL COMMISSION

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

Minister for Public Sector Management
(T.5963 of 1995)

CUSTODIAL OFFICERS AWARD

Award variation - wage rates and conditions - approved - consent matter - op date 15-Nov-95

REASONS FOR DECISION

This was an application for an amendment to the Custodial Officers Award (the Award) made by the Minister for Public Sector Management (the Minister).

In accordance with the Enterprise Bargaining Principle of the Commission the Minister sought to amend the Award by:-

• inserting three new classifications (Utility Officer, Senior Utility Officer and Unit Manager);

• deleting a classification (old Level 6, Superintendent, Risdon Prison) and

• adjusting the classification levels in consequence, removing some superfluous provisions and correcting some typographical errors.

At the hearing the Minister advised the Commission that all the variations sought in the application had been the result of negotiations and settlement between the parties and as a result a consent draft order was presented to the Commission for ratification.

In brief the details were:-

• the new utility officer classifications were to be filled by drivers and senior drivers and reflected a wider range of duties including some custodial duties;

• the addition of Unit Manager in the new Level 7 reflected a change in management practice;

• the classification of Superintendent Risdon Prison was deleted and those duties not taken over by Unit Managers were to be taken over by the Chief Superintendent;

• certain other amendments were aimed at improving the Award by correcting typographical errors, deleting a qualifications reference deemed no longer relevant and deleting some paragraphs of Clause 19, Wage Increases, which had become redundant.

The Minister submitted that the amendments applied for reflected a positive situation which improved the prison service and provided the Award framework to allow the improvements to operate. The Minister said that the amendments complied with the Enterprise Bargaining and flexibility provisions of the Guidelines of the Commission and were in the public interest in that they made the Award more readable and more accurate.

The Minister requested that the date of operation of the amendment be 15 November 1995.

The Tasmanian Correctional Officers Association and The Community and Public Sector Union (formerly State Public Services Federation Tasmania) confirmed their agreement to the application and supported the submissions of the Minister including the date of operation requested.

I accept the submissions of the Minister and the Unions and I am satisfied that the granting of the application is not against the Guidelines of the Commission and the requirements of the Act, in particular that it is not against the public interest.

The application is granted and the Award will be amended operative from 15 November 1995 as agreed between the parties.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
Ms L Lawrence and Mr B Maris for the Minister for Public Sector Management.
Mr P Nielson, Mr T Weir and Mr J McGuire for the Tasmanian Custodial Officers Association
Mr R Clegg for The Community and Public Services Union (State Public Services Federation Tasmania)

Date and Place of Hearing:
1995
Hobart
December 8