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Tasmanian Industrial Commission

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T5741 (6 February 1996)

 

TASMANIAN INDUSTRIAL COMMISSION

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

State Public Services Federation Tasmania
(now The Community and Public Sector Union (State Public
Services Federation Tasmania)
(T5741 of 1995)

ADMINISTRATIVE AND CLERICAL EMPLOYEES AWARD
SCIENTIFIC EMPLOYEES AWARD
TECHNICAL EMPLOYEES AWARD

 

FULL BENCH:
PRESIDENT F D WESTWOOD
DEPUTY PRESIDENT A ROBINSON
COMMISSIONER P A IMLACH

06 FEBRUARY 1996

Variation of awards - provisions re supersession and savings clause; classification standards; salaries for classification levels - application granted - awards to issue operative 7.3.96

REASONS FOR DECISION

In our decision on 3 January 1996 in this matter, given our concern that the State Public Services Federation Tasmania [now the Community and Public Sector Union (State Public Services Federation Tasmania)] had not met the requirements of the Full Bench in Matter T2399 of 1990 et al, we indicated that we were not prepared to arbitrate the claims for the three streams unless there was consensus between the parties that we should. Accordingly we adjourned the application in the hope that the parties could come to some understanding using the Commission's enterprise bargaining and structural efficiency principles.

When the proceedings reconvened on 16 January 1996, the CPSU and the Minister reported that an agreement in principle had been reached on the following terms:

  • There was consent that the awards be varied to accommodate the three streams, that is the administrative and clerical, the professional and the technical streams contained in the decision referred to above. The effective date of change was to be 1st March 1996.

  • Translation was to be on a "point-to-point" basis to the next highest salary level.

  • The parties had agreed to the extension of the three streams to other public sector awards which could result in the rescinding of some awards.

  • A package of changed conditions had been agreed as follows:

    1. All employee earnings, including reimbursement of expenses to be paid by direct credit.

    2. Annual leave loading to be annualised.

    3. No overtime to be applicable above Level 6. All overtime paid to eligible employees will be [based upon] the actual rate for the employee's classification.

    4. The standard spread of hours will be 7.00 am to 7.00 pm. Other variations will be subject to agreement through agency bargaining.

    5. A standard sick leave system will be introduced based on 20 days per annum with a maximum accrual of 140 days. A no credit system will be introduced on a trial basis in agreed agencies/locations. Both will commence no earlier than 1 July 1996 and will be reviewed in June 1998. The detail of the 20 day system will be negotiated by 30 April 1996 with any outcome preserving rights for existing employees including such matters as maternity leave and transfer of existing credits.

    6. All holiday pay in advance to be paid on the last pay day immediately before the period of leave.

    7. Commitment to rationalise conditions of service which includes the General Conditions of Employment Award and appropriate entitlements currently included in Regulations. The process will incorporate the following:

  • consideration to be given to all aspects of the General Conditions of Employment Award;

  • the process will proceed in accordance with an agreed agenda and timeframe; and

  • time for consultation will be provided.

Genuine consideration will be given to existing anomalies.
The process to be concluded by 30 June 1996.

8. Commitment to review the "fourth stream", i.e. General officers etc of the 1991 Tasmanian Industrial Commission decision. To be concluded by 30 June 1996.

9. Changes in the formula for calculation of State Service fortnightly payroll; i.e. divide 10 working days per fortnight into the actual number of working days per financial year (working days to include public holidays, annual leave etc.)

e.g.
10       or      10        or      10
261              262                260
(Common)     (Rare)            (Rare)

10.  Higher Duties Allowance will be payable as follows:

(a) Up to the top of Level 7 a minimum period of 10 working days and only applies when the higher position is two or more levels higher; and

(b) Level 8 and above, a minimum period of 20 working days and only applies when the higher position is two or more levels higher.

Provided that where an employee acts in a higher position at one level above their normal classified position for a period of 40 working days or more higher duties will be paid.

  • An extension of the State Service Wages Arrangement Agreement had also been negotiated.

The Australian Education Union (AEU) sought and, despite opposition from the parties, was granted leave to intervene in the proceedings.

Following a further report back hearing on 23 January 1996, the CPSU on 1 February 1996 was able to tender three revised draft awards, namely the Administrative and Clerical Employees Award, the Scientific Employees Award and the Technical Employees Award. These drafts had the consent of the Minister, the Health Services Union of Australia and the intervener, the AEU.

The Commission was also provided with an agreed document entitled Classification Anomalies (Exhibit V.30) which was said to be the method for dealing with the translation process where concern existed as to whether the current classification was correct. That document is attached.

It was confirmed that other awards, as varied, would have the same operative date, viz. 7 March 1996, and that as earlier indicated to the Bench it was hoped that variations to the salaries in awards would be achieved by 30 June next.

Some of the agreed changes to conditions of employment were provided for in the three draft orders. These were:

  • Spread of hours to be 7.00 am to 7.00 pm.
  • Overtime
  • The changed higher duties allowances provision

Given the measure of consent to these changes we are satisfied that the application is in the public interest and the awards will be varied accordingly, with effect from 7 March 1996. The orders, including translation arrangements, will be issued by Deputy President Robinson.

We congratulate the parties on finally reaching an amicable resolution on these long outstanding matters and we urge the parties to continue with the same urgency to conclude the extension of the streaming process in other awards covering the public sector. We note that a number of the items listed as agreed reasonably have not been formalised or implemented, however we look forward to receiving the appropriate award amendment applications in due course in line with the intention and spirit of the consensus between the parties.

 

Appearances:
Mr G Vines with Ms S Strugnell for the State Public Service Federation Tasmania (now The Community and Public Sector Union (State Public Services Federation Tasmania)
Mr T Kleyn for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr C Willingham for the Minister for Public Sector Management
Mr C Lane intervening on behalf of the Australian Education Union, Tasmania Branch

Dates and place of hearing:
1996
Hobart:
January 16, 23
February 1