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T574 T580 T614 (5 Feb 1987)

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.574, T.580 and
T.614 of 1986

IN THE MATTER OF APPLICATIONS BY THE MINISTER FOR PUBLIC ADMINISTRATION TO VARY NOMINATED PUBLIC SECTOR AWARDS

RE: PARTIES AND PERSONS BOUND, DEFINITIONS, AND SALARIES CLAUSES, DELETION OF REFERENCE TO REPEALED LEGISLATION AND CONSEQUENT VARIATIONS TO CONFORM WITH THE STATE SERVICE ACT 1984

   

FULL BENCH:
PRESIDENT
DEPUTY PRESIDENT
COMMISSIONER WATLING

5 February 1987

   

REASONS FOR DECISION

 

APPEARANCES:

 

For the Minister for Public Administration

- Mr F. Westwood with
  Mr M. Stevens

   

For the Tasmanian Public Service Association, the Hospital Employees' Federation, Tasmania No. 1 and No. 2 Branches, and the Royal Australian Nursing Federation, Tasmanian Branch

- Mr G. Vines

   

For the Tasmanian Prison Officers' Association

- Mrs S. Herbert

   

DATE AND PLACE OF HEARING:

 

5.2.87 Hobart

   

Each of the three matters before us is directed towards variation of a significant number of awards relating to State employees.

The intention of the applications (which were filed by the Minister for Public Administration on various dates between 21 November and 5 December 1986) was to effect changes considered to be either essential, desirable or consequential upon proclamation of the State Service Act 1984 and repeal of the Public Service Act 1973.

These claims are but three in a growing catalogue of matters that have been dealt with, or are in the process of being dealt with, by the Commission as a direct result of promulgation of the State Service Act. The part-heard Drafting Officers' case is but one example1.

Unfortunately for all concerned, a great deal of time is being taken up with these largely, but by no means exclusively, procedural issues.

Moreover, now that the Registrar is about to proceed to finalize registration of associations as organisations, the question of award scope and award interest (a form of de facto respondency) will need to be settled as a matter of urgency.

Having discussed the major issues on and off record with the parties to the present proceedings, it was considered desirable in the circumstances to refer all matters in need of resolution to the one Bench.

There having been no objection raised to this course being followed, we have decided to discontinue these proceedings in order that all three applications may proceed to conclusion before the Bench convened to deal with the Drafting Officers' case2.

Accordingly these applications are remitted to the President for reassignment and joinder with T.426 of 1986 scheduled to resume before another Full Bench on 19 February 1987.

 

1 T.426 of 1986
2 Ibid