IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

See end of decision for Awards varied

REASONS FOR DECISION

DECISION ON APPLICATIONS
NOS. T1119, T1120, T1221, T1230 AND T1234 OF 1988

Now that proceedings have concluded, and in view of the widespread interest in the outcome of applications seeking a 4% second tier adjustment for most public hospital and public hospital orientated employees, we have decided to announce our decision now.

We have carefully considered all that has been put to us during 2 days of conciliation on 8 and 9 March as well as all the material put before us yesterday and today by way of exhibits and submissions.

We have some concern that a number of offsets agreed to and approved of by the Commission are prospective in the sense that they are not yet in place. But the fact that they are agreed to, and by their nature must be somewhat prospective in implementation - e.g. Cook Chill, has persuaded us to accept the package as an indivisible whole. For reasons given during conferences we will not differentiate between those offsets capable of being put in place immediately and those that will require time to implement. But the parties must accept the fact that the entire package must be implemented in order that the 4% we now award may survive.

On that understanding we will ratify the agreements (subject to those machinery alterations discussed during proceedings) and will direct that the revised salary rates apply from the beginning of the first full pay period commencing on or after 23 March 1988.

The Commission wishes to express its appreciation of the way in which these proceedings were brought to finality.

DECISION RE PRIVATE ARBITRATION - Item 9 (Meal Allowance)
MATTER T1233 OF 1988

With respect to Item 9, Meal Allowance, of the package of offsets, we have decided there should be no conditional qualifications regarding prior notice attaching to the payment of this allowance.

However, we believe that in the light of real experience over a 12-month period the parties should be given leave reserved to apply, as they may be advised regarding inclusion or non inclusion of a provision concerning the question of prerequisite notice. We make it clear we expect this matter to be pursued in the Commission as soon as practicable after the 12-month trial period has elapsed.

DECISION OF APPLICATIONS
NOS T1216, T1233 AND T1267 OF 1988

Having now considered the material and submissions presented during proceedings regarding those applications covering what we will conveniently refer to as the State Service proper, we conclude as follows:

1. That while we are concerned that there appears to be some understandable imprecision in relation to individual costing of individual items comprising the parcel of offsets, we none the less accept the fact that the package must be looked at as a whole.

2. Accordingly the applications as amended are granted, with effect from the first full pay period commencing on or after 23 March 1988.

3. Insofar as matters stood aside are concerned, they shall be dealt with in due course by the Commissioner concerned who will decide whether those applications shall be granted and, if so, the appropriate operative dates.

DECISION OF APPLICATION
NO. T1226 AND INCORPORATING T1269 OF 1988

Having considered the material and submissions presented we have decided to grant the claim subject to the following:

1. That all the offsets numbered 1 to 14 in Exhibit A be embodied in a duly executed agreement to be approved of by this Commission.

2. That the operative date of the proposed increase be the first full pay period commencing on or after 24 March 1988.

3. That the offsets referred to be regarded as a indivisible whole, as it is on that basis alone that the claim has been granted and that the required agreement will be approved.

As with the earlier matters determined by this Bench, we express some concern that the attributed costed values of the offsets are significantly below the estimated cost of the claim. However, taken as a whole, and with due consideration having been given to the uncosted or balancing items included in the package, we have been persuaded to allow the claim in full as opposed to any other alternative available to this Commission.

AWARDS TO BE VARIED

Application T1216 (TPSA):

AGREEMENT TO BE VARIED

MINES DEPARTMENT DRILLING SECTION AGREEMENT

AWARDS TO BE VARIED

Application T1119/1120 (HEF 2 and 1):

Application T1221 (HEF 1):

Application T1226 (TTF):