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Tasmanian Industrial Commission

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T13367 T13368 - 2 March

TASMANIAN INDUSTRIAL COMMISSION

 

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

 

Community and Public Sector Union (SPSFT) Inc
(T13367 of 2009)

 

Liquor, Hospitality and Miscellaneous Union ‑ Tasmanian Branch
(T13368 of 2009)

 

and

 

Minister administering the State Service Act 2000

 

COMMISSIONER T J ABEY

HOBART, 2 March 2009

 

 

FURTHER ORDER ISSUED PURSUANT TO SECTION 31 OF THE ACT

 

Following a conciliation conference on 24 February 2009 the Commission issued certain orders pursuant to s.31 of the Act.  The purpose of this order was to establish a process aimed at finding a resolution of the matters in dispute.

 

Upon resumption today the Commission was advised that a meeting scheduled for 1 pm on 26 February was abandoned shortly after the time set for commencement.  The Union representatives advised that absence of a senior Treasury representative was the reason the meeting was abandoned.

 

The resolution of this dispute is not advanced by an examination of the explanation provided for the non-attendance of the Treasury representative and the subsequent decision of the union representatives to leave the meeting. Suffice to say that Commission records its disappointment as to this regrettable outcome.

 

Having heard further submissions from the parties the following order is issued pursuant to s.31 of the Act:

 

Order

 

1. Senior representatives of the Minister Administering the State Service Act, The Treasurer, the Minister for Correctional Services and the Minister for Justice, the Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch [LHMU], and the Community and Public Sector Union (SPSFT) Inc. [CPSU] are to attend a conference, to be chaired by the Commission, at a mutually agreed time and date to be determined within seven days, with a view to conducting negotiations aimed at settling, if possible, the disputes notified by the LHMU and CPSU, being matters T13367 and T13368 of 2009.

 

2. Unless otherwise mutually agreed by all parties, the conference shall commence in the Commission at 9.30 am on Thursday 5 March 2009.

 

3. The matters to be covered by the conference shall include those set out in the Order made on 24 February 2009. Specifically, this shall include, but not be limited to: 

· The nature and extent of the whole of Government cost saving decision and the position of the Tasmanian Prison Service [TPS] in the context of this decision. 

· The impact of reducing the number of hours available for overtime within the TPS with a view to determining whether an acceptable alternative to that currently proposed can be achieved. 

· Any other measures capable of achieving cost savings.

 

4. Following the negotiations, leave is reserved for any party to apply for orders as to the future conduct of the disputes the subject of these proceedings.

 

5. No implementation of any cuts to the overtime budget for the TPS are to occur unless and until further order of the Commission.  Similarly, in terms of replacing officers absent on sick leave or worker’s compensation, the status quo which applied prior to 17 February 2009 shall continue until further order of the Commission.  This includes a requirement to perform normal duties without bans, limitations or other industrial action.

 

The preliminary orders sought by the LMHU are stood over pending the outcome of the above conference.

 

 

 

 

 

Tim Abey
Commissioner