TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
Tasmanian Branch
(T.6180 of 1996)

and

Community Hostels Association Incorporated

Industrial dispute - translation to new award - breach of award found - employer required to rectify

REASONS FOR DECISION

This matter concerns an application by the Australian Municipal, Administrative, Clerical and Services Union, Tasmanian Branch (the union) for a hearing to settle an industrial dispute pursuant to Section 29(1) of the Industrial Relations Act 1984.

The union was in dispute with Community Hostels Association Incorporated (CHA) in relation to the alleged breach of the Community Services Award (the award). In this regard the union application alleged that seven Community Services Workers employed by CHA at its "Mara House" service were not being paid correctly in that they were being paid as Community Services Worker Level 2 in lieu of Community Services Worker Level 3.

Currently the Industrial Relations Act defines an industrial dispute as including:

"A breach or an alleged breach of an award, registered industrial agreement or registered enterprise agreement."

In addition Clause 14 of the award - "Disputes and Grievance Procedures" - makes provision for unresolved disputes to be referred to the Tasmanian Industrial Commission.

The resolution of this particular dispute requires the determination of all relevant facts associated with:

(a)  the level at which the work is being performed consistent with the demands of the job itself; and

(b)  the classification standards set by the award which are to be read in conjunction with award definitions.

Having the benefit of hearing the submissions of parties; the answers provided in response to questions put to advocates; and having studied the content of written material made available during the course of the hearing, I am able to find that the employees concerned, whilst employed at "Mara House":

1.  Do not at vital times work under the immediate supervision of a higher classified employee.

2.  Are required to remain on the premises without an immediate supervisor present and must perform duties and exercise discretion at the level of a higher classified position than Level 2.

3.  Must perform non routine duties during night shift and sleepover periods, including the provision of crisis support to clients including liaison with police, parents and other external bodies.

4.  Carry out similar duties and exercise similar responsibilities on rotational shifts basis.

5.  Have not experienced changed conditions of employment since 1 July 1995.

6.  Have full autonomy to make necessary decisions in times of crisis.

In the result it is my decision that, in settlement of this particular dispute, and based solely upon the circumstances which have been identified, that the seven employees of CHA at "Mara House" currently classified and paid as Community Services Worker Level 2 are entitled in terms of the award to be classified and paid as Community Services Worker Level 3.

Since this is not currently occurring it follows that I find the award is being breached. I therefore direct that this situation be corrected, and leave is reserved for the applicant to request the making of an appropriate order supported by detailed evidence.

The file will remain open until such time as advice is received that all matters are settled.

My decision in this matter does not set any precedent and cannot be called into aid in any other matter, nor does it constitute an interpretation or directive as to how the award is to be applied generally.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union, Tasmanian Branch
Mr M Watson on behalf of Community Hostels Association Incorporated

Date and Place of Hearing:
1996
Hobart:
May 20.