TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.55 application for filing of an industrial agreement

Minister Administering the State Service Act 2000
Community and Public Sector (SPSFT) Inc.
(T13905 of 2012)

PUBLIC SECTOR UNIONS WAGES AGREEMENT 2012

COMMISSIONER JP McALPINE
HOBART, 1 June 2012

Industrial Agreement - approved – operative from date of registration – to remain in force until 30 June 2013 - forwarded to the Registrar for registration

DECISION

[1] This application, lodged pursuant to s.55 of the Industrial Relations Act 1984 by the Community and Public Sector (SPSFT) Inc. (CPSU) and the Minister Administering the State Service Act 2000 (the Minister), was for the purpose of filing an industrial agreement with the Commission.

[2] A hearing commenced in Hobart on 31 May 2012.

[3] The agreement, to be known as the Public Sector Unions Wages Agreement 2012, is to be operative from the date of registration and remain in force until 30 June  2013.

[4] The Minister has indicated his intention to retire from the current Tasmanian State Service Union Agreement 2008.

[5] Mr T Lynch, for the CPSU, and Mr K Grey, for the Minister, presented submissions in support of their consent application.  Mr J Eddington appeared for the Health Services Union of Australia, Tasmania No. 1 Branch and Ms N Wells appeared for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.  On 28 May Mr P Tullgren of United Voice informed the Commission in writing that “…United Voice is unable to attend the hearing.  United Voice supports the application to register the proposed agreement.”  Mr F Ogle also appeared for the Minister.

[6] The novel features of the proposed agreement are the introduction of a Purchased Leave Scheme (PLS) and the opportunity for employees to share in productivity gains arising from the PLS.

[7] The PLS offers employees the opportunity to purchase leave beyond their statutory annual entitlement.  Simply put, the employee forfeits wages equivalent to 9 days annually for an increase of 10 days holiday.  Flowing from the PLS, should the uptake of the scheme meet a defined target number of participants, all employees subject to the agreement will benefit from a productivity payment.

[8]  It was accepted by the parties that local management would advise potential participants in the PLS to seek their own tax and financial management advice before committing to the scheme.

[9] Having considered the consent submissions of the parties, I am satisfied the agreement is consistent with the public interest and does not disadvantage employees as required by the Act, and I decide accordingly.

[10] The file will now be referred to the Registrar in accordance with the requirements of s.56(1) of the Act.

James P McAlpine
COMMISSIONER

Appearances:
Mr T Lynch for the Community and Public Sector (SPSFT) Inc.
Mr J Eddington for the Health Services Union of Australia, Tasmania No. 1 Branch
Ms N Wells for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Mr K Grey and Mr F Ogle for the Minister administering the State Service Act 2000

Date and place of hearing:
2012
May 31
Hobart

<TIC0002/2012>