T6143
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union GENERAL EMPLOYEES AWARD
Variation of award - retitle award - definitions, salary structures and classification standards included to reflect previously determined Operational Stream - application granted - order to issue operative on and from 7.3.96 REASONS FOR DECISION This application was to vary the General Employees Award to bring into effect the model Operational Employees Award which was approved by the Commission in its decision of 29 November 19911 (the 1991 model). Ms Strugnell, appearing for the Community and Public Sector Union (State Public Services Federation Tasmania) (CPSU) sought to amend the application to incorporate and reflect the agreed position reached by her organisation and the employer, the Minister for Public Sector Administration, following negotiations after the lodging of the original application. The revised application contained definitions, classification standards and salary rates which substantially mirrored the 1991 model. The salary rates were adjusted to take account of general salary increases awarded since 1991. The proposed definitions differed from the 1991 model by the deletion of the definition of "general direction". The classification standards differed from the 1991 model by deleting reference to work no longer carried out by employees covered by this award and by reviewing the application of staff supervision criteria at levels 3 and 5. A schedule of the proposed salary rates was tendered as an amendment to the application which compressed the first and second levels of the 1991 model into one level, which had the effect of reducing the number of classification levels in the model award from 11 to 10. The General Employees Award contained no less than 19 classification levels. Salary percentages to apply to apprentices were to be as set out in the 1991 model. Ms Strugnell submitted that as no other parties to the General Employees Award were now affected by this award there was no need to include reference to them in the Parties and Persons Bound clause. However, she indicated that if the Commission was not prepared to remove other parties at this stage her union would make the appropriate application in due course. An operative date of 7 March 1996 was sought. Mr Hanlon, for the Minister, agreed that the amended application had the employer's consent. As indicated to the parties at the conclusion of the hearing, the amended application is approved in principle. However we are not prepared to delete other parties to the award until and unless appropriate applications have been made and dealt with in accordance with the provisions of the Act. We are satisfied that the consent arrangement conforms to the objectives of the 1991 model award and has been altered from that decision only in respect of specific needs and changes which have occurred since that time. The completion of negotiations on the operational stream now provides the public sector with the goal of the "Four Streams" which was set by the parties in 1990. We are satisfied that the Wage Fixing Principles have been observed in these matters and that the making of the award in its proposed form is in the public interest. It will be the responsibility of the parties to prepare a full and complete draft order for consideration and issue by the Commission. Order
Appearances: Date and place of hearing:
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