Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T6472

 

TASMANIAN INDUSTRIAL COMMISSION

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

Minister for Public Sector Administration
(T6472 of 1996)

PROFESSIONAL EMPLOYEES AWARD

 

COMMISSIONER R J WATLING

HOBART, 4 April 1997

Making of new award - wages and conditions of employment - operative date 7 March 1996

REASONS FOR FURTHER DECISION

HISTORY:

In an Order dated 6 November 1996, arising out of this application, the Commission, as currently constituted, made a new award to be known as the Professional Employees Award. The Order was issued only in respect of title and scope.

The intentions of the parties in seeking to make this new award were stated in that earlier decision. They were as follows:

Ms Watt, for the applicant, informed the Commission that the application was an integral part of the award rationalisation program for persons employed under the Tasmanian State Service Act 1984. She said it was intended that the new award cover all professionals within the State Service, with the exception of those currently employed under the Community and Health Services (Public Sector) Award, the Legal Practitioners & Apprentice-at-Law Award and the Medical Practitioners (Public Sector) Award

Ms Watt envisaged that, if the Commission decided to make the new award, it would contain salaries; some conditions of employment specific to professionals; and it would have a reference to the General Conditions of Employment Award for other conditions of employment. It was also stated that employees under this award would also be subject to the State Service Act 1984 and the regulations pertaining thereto.

Between 6 November 1996 and 27 March 1997 the following organisations were granted an interest in the award1:

  • The Association of Professional Engineers, Scientists and Managers, Australia

  • Australian Education Union, Tasmanian Branch

  • The Community and Public Sector Union (State Public Services Federation Tasmania)

Under s62(4) of the Act, the Minister for Public Sector Administration was deemed to be an employer organisation having an interest in this award.

CURRENT HEARING:

This is the final decision in the process of making the Professional Employees Award.

When the hearing of this application2 resumed on 3 April 1997, Ms Watt, for the applicant, sought and was granted leave to amend her application, thus enabling the Commission to deal with all the subject matters contained in, what was described as, a draft Order3.

Ms Watt drew the Commissions attention to the fact that the definitions, classification standards and salaries contained in the draft new award, were a mirror of those adopted by the Full Bench of the Commission, arising out of application T5741 of 1995, and inserted into the Scientific Employees Award.

She added that the qualifications currently required under existing awards of the Commission, to cover professional work, were being preserved.

It was also her submission that the proposed new award:

  • contained conditions of employment that were in line with the parties intention to establish and maintain consistency, where possible, with all State Service awards.

  • refined the scope clause to properly reflect its application and to confine it to employees whose positions require the application of knowledge gained initially through the completion of an appropriate tertiary qualification.

  • facilitated 14 awards of the Commission, affecting professional employees, to be rescinded.

  • established consistent award formatting, removed obsolete provisions and was written in plain English, which was consistent with the Wage Fixing Principles.

  • annualised the recreational leave loading which was not contrary to the public interest, as an existing condition of employment was only being mirrored in another form, consistent with what had been established in other awards affecting State employees.

Ms Watt also submitted that the operative date of the new award should be on and from 7 March 1996 and that date was necessary to facilitate the translation of employees as at that date.

She said that it would also allow for:

1. incremental progression for employees;

2. the appointment of new employees to positions under the new salary structure and;

3. the translation of employees in the Tasmanian Audit Office, as detailed in Annexure A to the draft award.

The application and the submission presented by Ms Watt was supported by The Community and Public Sector Union (State Public Services Federation Tasmania), The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Education Union, Tasmanian Branch.

CONCLUSION:

This matter came before the Commission with the consent of all the parties and, having examined the proposed new award, I am of the view that it is consistent with previous decisions of this Commission. It provides for award rationalisation and facilitates a consistent approach in respect of salaries and conditions of employment for persons undertaking professional work within the State Service.

The application conforms with the spirit and intent of the Wage Fixing Principles and does not offend the public interest requirements under the Act.

For the foregoing reasons, the award will be varied in the manner sought by the parties. I am prepared to accept the submissions presented for granting a retrospective operative date as it will not require "back pay"; employees covered by this new award are already in receipt of the proposed salaries via current awards and industrial agreements registered with the Commission.

The Order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Ms A Watt for the Minister for Public Sector Administration
Mr D Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia
Ms S Strugnell for The Community and Public Sector Union (State Public Services Federation Tasmania)
Mr C Lane for the Australian Education Union, Tasmanian Branch

Date and place of hearing:
1997
April 3
Hobart

1 T6621 of 1996, T6662 of 1996, T6717 of 1997
2 T6472 of 1996
3 Exhibit W.1