TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

The Minister administering the State Service Act 2000
(T13893 of 2012)

TASMANIAN STATE SERVICE AWARD
HEALTH AND HUMAN SERVICES (TASMANIAN STATE SERVICE) AWARD

DEPUTY PRESIDENT TIM ABEY 
HOBART, 4 APRIL 2012

Award variation – salaries - consent orders

REASONS FOR DECISION

[1] On 3 April 2012, an application was lodged by the Minister administering the State Service Act 2000, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Tasmanian State Service Award and the Health and Human Services (Tasmanian State Service) Award.

[2] A hearing was held in Hobart on 4 April 2012. Mr K Grey appeared for the Minister administering the State Service Act 2000. Mr T Lynch appeared for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (CPSU), Mr P Tullgren appeared for United Voice, Tasmanian Branch and Mr T Jacobson appeared for the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA).

[3] Mr Grey advised that this application sought to vary the Awards to reflect the salary adjustments of $1000 or 2%, whichever was the greater, operative from the first full pay period to commence on or after 8 December 2011 and 6 December 2012 in respect of the Tasmanian State Service Award and operative from the first full pay period to commence on or after 1 December 2011 and 13 December 2012 in respect of the Health and Human Services (Tasmanian State Service) Award.

[4] These salary adjustments arose out of the broader State Service agreement negotiations which will, in the near future, be lodged with the Commission in the form of an s55 Industrial Agreement.

[5] Mr Grey submitted that the variation of the awards in the manner sought would minimise the complications and delay associated with significant retrospectivity.

[6] The application was supported by the CPSU, United Voice and HSUA representatives.

[7] All parties indicated that the intention was for the salary adjustments to extend automatically to employees covered by Appendix 10 – Information & Communication Technology (ICT) Classification Structure.

[8] The Commission was further advised that the parties intended to submit an application in the near future which would consolidate the awards with appropriate and necessary modifications.

[9] I am satisfied that the application is consistent with the public interest requirements of the Act.

[10] The application is granted and the Awards are accordingly varied operative from the dates specified in each order.  Tasmanian State Service Award   Health and Human Services (Tasmanian State Service) Award + Correction Order adjusting salaries of Dental Officers at Appendix 11 + - correction order issued 22/10/2012

Tim Abey
Deputy President

Appearances:
Mr K Grey for the Minister administering the State Service Act 2000
Mr T Lynch for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc.
Mr P Tullgren for United Voice, Tasmanian Branch
Mr T Jacobson for the Health Services Union of Australia, Tasmania No 1 Branch

Date and place of hearing:
2012
April 4