T2212 (13 May 1991)
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister Administering the Tasmanian State Service Act GENERAL CONDITIONS OF SERVICE AWARD
Meals on duty REASONS FOR DECISION This matter concerns an application by the Minister Administering the State Service Act (the Minister) to vary the General Conditions of Service Award and the Hospital Employees (Public Hospitals) Award (the Awards) by deleting meal charge provisions from the awards; or in the alternative to increase those charges to a more realistic level. The claims were changed during the course of protracted hearings and negotiations involving the Minister, the Hospital Employees Federation of Australia, Tasmanian Branch (the HEF) and the Tasmanian Public Service Association (TPSA). An unfortunate feature of the present case was the level of industrial action taken by the HEF in early 1990. This, together with fundamental differences of view between the various parties militated against an early resolution of the claims. We issued our Reasons for Preliminary Decision on 2 March 1990 and Reasons for Decision of 6 June 1990, in which we determined new interim charges for meals and directed the parties back into conference on this matter as part of structural efficiency negotiations generally. A Supplementary Decision was issued on 12 November 1990, at which time we noted that the parties had not seriously addressed our earlier directive to enter into negotiations in relation to meal charges. We also made it clear that this matter should not be dealt with after other structural efficiency negotiations had concluded. Finally we adjourned until early 1991 and put the parties on notice that we intended to arbitrate the issues if not otherwise resolved. On 6 May 1991 the parties had reached a position of total agreement to progressively increase meal charges over a period of 18 months. The new scale of charges proposed is as follows:
We confirm our decision on transcript that we accept the terms of the agreed scale of payments as presented in exhibit W19 and the awards will be varied accordingly. Our reasons are that the Principles relating to existing allowances provide that they may be adjusted from time to time to reflect the relevant change. We categorise allowances and charges together. We are also satisfied that to vary the awards in the manner proposed is consistent with public interest. Date of Effect The first increase shall have effect from the first full pay period to commence on or after 6 May 1991; the second from the first full pay period to commence on or after 6 November 1991; and the third increase from the first full pay period to commence on or after 6 November 1992. Orders are attached.
Appearances: Date and Place of Hearing: |