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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s23 application for award or variation of award
Minister administering the State Service Act 2000
(T12870 of 2007)
Administrative and Clerical Employees Award
AWU (Tasmanian State Sector) Award
Community and Health Services (Public Sector) Award
Custodial Officers Award
Dental Employees Award
Electrical/Electronic Trades (Public Sector) Award
Fire Service Award
General Conditions of Employment Award
Governor of Tasmania Staff Award
Hobart Regional Water Board Staff Award
Inland Fisheries Commission Award
Legal Practitioners and Apprentice-At-Law Award
Medical Practitioners (Public Sector) Award
Metal Trades (State Employees) Award
Miscellaneous Workers (Public Sector) Award
North West Water Authority Enterprise Award
Operational Employees Award
Parliamentary Staff Award
Police Award
Police Departmental Employees Award
Port Arthur Authority Award
Printing Authority of Tasmania Award
Professional Employees Award
Sea Fisheries Award
Southern Regional Cemetery Trust Staff Award
Tasmanian Ambulance Service Award
Tasmanian Museum and Art Gallery Employees Award
Technical Employees Award
Tourism Tasmania Staff Award
Minister administering the State Service Act 2000
(T12871 of 2007)
Administrative and Clerical Employees Award
AWU (Tasmanian State Sector) Award
Community and Health Services (Public Sector) Award
Custodial Officers Award
Dental Employees Award
Electrical/Electronic Trades (Public Sector) Award
Fire Service Award
General Conditions of Employment Award and Correction Order [24.7.07] and Correction Order [27.7.07]
Governor of Tasmania Staff Award
Hobart Regional Water Board Staff Award
Inland Fisheries Commission Award
Legal Practitioners and Apprentice-At-Law Award
Medical Practitioners (Public Sector) Award
Metal Trades (State Employees) Award
Miscellaneous Workers (Public Sector) Award
North West Water Authority Enterprise Award
Nurses (Tasmanian Public Sector) Award 2005
Operational Employees Award
Parliamentary Staff Award
Police Award
Police Departmental Employees Award
Port Arthur Authority Award
Printing Authority of Tasmania Award
Professional Employees Award
Sea Fisheries Award
Southern Regional Cemetery Trust Staff Award
Tasmanian Ambulance Service Award
Tasmanian Museum and Art Gallery Employees Award
Tasmanian State Service National Training Wage
Tasmanian TAFE Teachers' Award
Teaching Service (Tasmanian Public Sector) Award
Technical Employees Award
Tourism Tasmania Staff Award
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FULL BENCH:
PRESIDENT P L LEARY
COMMISSIONER T J ABEY
COMMISSIONER J P McALPINE
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HOBART, 20 June 2007
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Award variation - award review in accordance with Principle 13 of Wage Fixing Principles - nominated public sector awards - listed for report back
Award variation - arbitrated safety net adjustments - application amended - all public sector awards - application approved - operative date ffpp 1 August 2006
REASONS FOR DECISION
[1] These are two applications by the Minister administering the State Service Act (the Minister) to vary the above named awards re:
(i) the Arbitrated Safety Net Adjustment in accordance with the Commission's Wage Fixing Principle 5 which prescribes:
"5.1 All wage rates in awards, including junior, apprentice and trainee rates (on a proportionate basis) may be varied from time to time to include arbitrated safety net adjustments in accordance with determinations of this Commission.
5.2 The amount of any arbitrated safety net adjustment is to be reduced to the extent of any over award payment currently being paid by an employer.
5.3 The safety net adjustment will only be available where the rates in the award have not been increased, other than by safety net adjustments, or as a result of the Minimum Rates Adjustment or Work Value Changes Principles, since November 1991."
and
(ii) in accord with Principle 13 of the Commission's Wage Fixing Principles, Award review process, which prescribes:
"13.1 The Commission requires that each award is to be reviewed to ensure:
(i) consistent award formatting;
(ii) removal of discriminatory provisions;
(iii) removal of obsolete or amendment of inaccurate award provisions;
(iv) updating Clause 6 - Parties and Persons Bound (Award Interest);
(v) the award is written in plain English;
(vi) inclusion of appropriate facilitative provisions;
(vii) the inclusion of an appropriate enterprise flexibility clause.
13.2 The Commission will convene conferences of parties to each award to receive reports on the award review process and to assist in the development of timetables including where relevant a timetable to finalise the review by conciliation and/or arbitration.
[2] The two applications are joined.
[3] It was submitted on behalf of the Minister that "......the 29 awards that are under review do not have consistent format, one is different from the other" and further "...that there are discriminatory provisions in those awards." The awards under review are "...clearly not written in plain English" and awards covering teachers and nurses which have moved back into the jurisdiction of the Tasmanian Industrial Commission (TIC) from the jurisdiction of the Australian Industrial Relations Commission (AIRC) "...do not contain facilitative provisions nor do they include appropriate flexibility clauses."
[4] Undertakings made between the parties during discussions in 1996/97 that some awards would be considered obsolete and set aside have yet to be completed. As part of the award review process further consideration will be given to awards which are no longer relevant and can be set aside as well as the removal of provisions currently included in awards that may no longer have application.
[5] It is agreed between the parties that the awards will be varied to incorporate all safety net adjustments which have not been applied. Some adjustments go back a number of years and there appears to be no consistency as to application, or lack thereof, likewise no explanation is provided why the increases were not applied at the time of their determination. For the awards to retain their status as true safety net awards the adjustments are required and should have been made at the relevant time.
[6] Nevertheless the Commission has now undertaken the task of applying all increases in accord with the relevant Safety Net Adjustment or State Wage Case decision.
[7] Orders will be issued accordingly with an operative date of first pay period on or after 1 August, 2006.
[8] In respect to the award review process awards will be allocated to individual members to assist the parties.
[9] The application in respect to the award review process will be listed for report back in due course.
P L Leary
PRESIDENT
Appearances:
Mr P Baker for the Minister administering the State Service Act 2000
Mr P Tullgren for the Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch
Mr D Wishart for the Australian Education Union, Tasmanian Branch
Mr D Pyrke for the Association of Professional Engineers, Scientists and Managers, Australia
Mr T Jacobson (15-3-07 and 4-6-07) and Mr T Kleyn (23-4-07) for the Health Services Union of Australia, Tasmania No 1 Branch
Mr T Lynch (4-6-07 and 23-4-07) and Mr M Johnston (15-3-07) for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc
Date and place of hearing:
2007
March 15
April 23
June 4
Hobart
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