TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s29 application for hearing of an industrial dispute

The Community and Public Sector Union (State Public Services Federation Tasmania) Inc.
(T13687 of 2010)

and

The Minister administering the State Service Act 2000

DEPUTY PRESIDENT TIM ABEY
HOBART, 20 July 2010

Industrial dispute - conditions of employment - fair bargaining - directions issued

DIRECTIONS

[1] On 2 July 2010, the Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (CPSU) (the union), applied to the President, pursuant to s.29(1) of the Industrial Relations Act 1984 (the Act) for a hearing before a Commissioner in respect of an industrial dispute with the Minister administering the State Service Act 2000 (the employer) arising out of the conditions of employment of legal practitioners.

[2] A hearing commenced in Hobart on 20 July 2010.  Mr M Johnston appeared for the union with Mr F Neasey and Mr D Lovett.  Mr F Ogle appeared for the employer with Ms J Fitton.

[3] In this matter the CPSU initially sought the assistance of the Commission in facilitating the commencement of collective bargaining for a workplace agreement.  This followed the employers unilateral withdrawal in May 2009 from the Legal Practitioners Agreement 2005, a decision of McAlpine C in T13451 of 2009, and subsequent proceedings in the Supreme Court initiated by a group of legal practitioners formerly covered by the Agreement [S/2009/983].

[4] The Commission was advised that a position had been reached whereby the Supreme Court application was no longer an impediment to progressing negotiations for a new Agreement.  However both parties recorded on transcript their respective positions in the event that the Supreme Court proceeding was reactivated.

[5] Accordingly the following directions are issued pursuant to s.21[2][n] of the Act.

1. The representatives of the parties are to meet not later than Friday 30 July 2010 with the view of commencing negotiations for a new agreement.

2. Thereafter the parties are to establish their own program to progress the negotiations in a timely manner.

3. The parties are to report back to the Commission on Tuesday 17 August 2010 at 9.30 am.

4. Either party may apply for further directions at any time which will be considered and determined at short notice.

Tim Abey
DEPUTY PRESIDENT