IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

In this matter the applicant, the Minister for Public Administration, represented by Mr. Jarman, sought to amend Clause 10, B, paragraph 3 - Overtime, of the General Conditions of Service Award No. 3 of 1986 (GCOSA), to reflect terminology changes in consequence of the promulgation of the Tasmanian State Service Act, 1984 (TSSA).

Arising from the requested variations to the overtime clause, we have also been asked to amend Clause 7 Definitions to incorporate in that clause the definitions of employee, Head of Agency and Principal Manager.

It is important that we note, at the outset, that the parties in this matter requested the Commission to do no more than to vary the overtime clause (and definitions) as contemplated above. That is, we were not asked to consider the merits of the respective provisions contained in the existing overtime clause.

Mr. Jarman indicated that the application was made to accurately reflect in the clause variations occasioned by the TSSA.

He further advised that the application was made at this time because another application was coming before the Commission seeking the inclusion of overtime provisions in another public sector award.

According to Mr. Jarman a further proliferation of overtime provisions in awards other than the GCOSA is not desirable. He also submitted that it would be contrary to the view held by the Minister, who supports the concept of all conditions of employment for State employees, subject to the TSSA, being ultimately reflected in the GCOSA.

Mr. Jarman informed us that applications, as appropriate, would be made to remove overtime provisions from public sector awards and include them in the GCOSA.

In these proceedings the Tasmanian Public Service Association (TPSA) was represented by Mr. Vines, who generally endorsed the remarks made by Mr. Jarman.

Mr. Vines did however give notice that certain aspects of the current overtime provisions contained in the GCOSA would be the subject of future proceedings, as not all of the existing provisions are supported by the T.P.S.A.

Mr. Grant appearing for the Royal Australian Nursing Federation, Tasmanian Branch (R.A.N.F.) in supporting the submissions made by Mr. Vines indicated that the R.A.N.F. did not favour a single conditions of employment award contemplated, as qualified, by the Minister.

It is clear therefore that the merits of the overtime provisions will be the subject of further debate and process in the Commission.

Notwithstanding the foregoing (that is, the intention of the parties to mirror existing overtime provisions, amended only to incorporate TSSA terminology) the hearing on this matter could not be finalised as the implications of including in the clause references to Heads of Agency and Principal Managers requires further consideration by the parties.

Accordingly, as a further hearing has already been set down to consider the residual matters, this interim decision addresses all of the remaining variations requested to be made.

Interim Decision

We are satisfied that what is requested to be done is in fact no more than to mirror existing provisions with regard to overtime and to include references to Head of Agency and Principal Manager.

As those terms are used in the great majority of the provisions of paragraph 3, Overtime, it seems to make a great deal more sense to now state that all of the variations requested to be made are endorsed, subject to what is finally decided with respect to the proposed Head of Agency and Principal Manager references.

Having regard to the above comments, it would be superfluous to canvass each of the existing subclause provisions.

Instead we have decided to attach to our final decision an order mirroring all existing provisions subject to variations herein decided together with those that may result as a consequence of submissions on the proposed Head of Agency and Principal Manager references.

We also now indicate that we endorse the deletion of existing paragraph 3.2, which deals with the requirement to notify the controlling authority regarding the nature of the work to be performed and the reasons why overtime is considered necessary.

The genesis for that particular provision stems from the now repealed Public Service Act 1973 and is therefore no longer relevant.

With regard to the inclusion of a definition for employee in Clause 7 - Definitions, we approve this variation as it conforms with the terminology necessary to give effect to the meaning of employee as contained in the TSSA.

The remaining definitions requested to be included i.e. Head of Agency and Principal Manager, are of course, stood over.

In concluding this interim decision we strongly recommend to the parties that all provisions of the GCOSA should be varied where necessary to reflect changes resulting from the operation of the TSSA e.g. scope, parties and persons bound, etc.

Further, we have been made aware that there have been discussions between the parties to generally review certain provisions of the award and to include conditions of employment currently provided for by other means.

We lend our weight to the review exercise that is currently underway and request that the Commission be kept totally informed as to progress and the time tabling to this matter to finality.