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T13038

 
 

TASMANIAN INDUSTRIAL COMMISSION

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

Minister administering the State Service Act 2000
(T13038 of 2007)

ADMINISTRATIVE AND CLERICAL EMPLOYEES AWARD
TECHNICAL EMPLOYEES AWARD
OPERATIONAL EMPLOYEES AWARD
PROFESSIONAL EMPLOYEES AWARD
COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD

 

FULL BENCH:
PRESIDENT P L LEARY
DEPUTY PRESIDENT P C SHELLEY
COMMISSIONER T J ABEY

HOBART, 4 January 2008

Award variation - award review process - application approved - consent application - operative date ffpp 1 December 2007

REASONS FOR DECISION

[1] These are applications by the Minister administering the State Service Act 2000 (the Minister), to vary a number of awards to "make them consistent with Principle 13 - Award Review Process of the Wage Fixing Principles (July 2007) of the Tasmanian Industrial Commission by reformatting, the removal of obsolete translation provisions and incorporating relevant rates of pay with an operative date of the first full pay period on or after 1 December, 2007."

[2] The awards to be varied are:

Administrative and Clerical Employees Award [S081]
Operational Employees Award [S086]
Professional Employees Award [S188]
Technical Employees Award [S135]
Community and Health Services (Public Sector) Award [S177]

[3] A notice of hearing was placed in the local newspapers advising of the terms of the application.

[4] Mr Baker, representing the Minister, submitted that the application arose out of the recent changes to the wage fixing principles.

[5] He said: "This application arose out of the state wage case earlier this year in matter T.12940 of 2007 in relation to all private and public sector awards. In those proceedings before the bench on behalf of the Minister I submitted that the wage fixing principles as they were then ought to be amended by varying principle 13 in the following terms:

Consistent with this principle and principle 6.2 by extension public sector awards may be varied from time to time to reflect salary rates and conditions of employment as may be agreed between the parties bound by relevant public sector awards."

[6] This application is the first step in a consolidation of awards and agreements for public sector employees. The awards have been reformatted, some obsolete provisions have been removed and the awards now reflect the salary rates as provided in the Public Sector Unions Wages Agreement 2007.

[7] Accordingly these awards are now paid rates awards and the salary rates are those as negotiated and agreed between the parties and are not rates assessed by application of any work value considerations.

[8] The parties are aiming towards a single award document which would apply to some 13,000 public sector employees which will place salary rates and conditions "into a prescriptive format providing security of outcome."

[9] The variations to the awards are approved and will take effect from the first full pay period commencing on or after 1 December, 2007. The Commission is satisfied that the variations are in accord with the wage fixing principles, and in particular the recent amendment to those principles. Further the Commission is satisfied that the variations, as agreed, are consistent with the public interest.

[10] Orders will issue in due course.

 

P L Leary
PRESIDENT

Appearances:
Mr P Baker with Ms J Molhuysen for the Minister administering the State Service Act 2000
Mr T Jacobson for the Health Services Union of Australia, Tasmania No 1 Branch
Mr T Lynch for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc
Mr L Crowley for the Association of Professional Engineers, Scientists and Managers, Australia

Date and place of hearing:
2007
November 23
Hobart