IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This matter concerns an application by the Tasmanian Public

Service Association (the Association) to include in the General Conditions of Service Award (the Award) a higher and extra duties clause.

The Association's claim is as follows:

"HIGHER AND EXTRA DUTIES ALLOWANCE

1. Where an employee is directed by the Controlling Authority to perform temporarily the duties of an employee with a higher classification for a period of one day or more, that employee shall be paid an allowance equal to the difference between the employee's own salary and the minimum

salary of the higher office.

2. Where the controlling Authority directs an employee to undertake duties in addition to those on which the classification level of the employee's position is based, for a period of one day or more, an allowance appropriate to the duties being performed shall be paid.

The amount of the allowance shall be agreed between the employee and the Controlling Authority.

3(a) Where an employee is promoted to a higher office in which that employee has previously been performing the duties in a temporary capacity, that employee will receive the increment to which the employee would normally have been entitled had the employee been promoted to the position at the commencement of the period of acting duty.

(b) Where an employee continues to perform the higher duties as provided for in Clause (1) for a period of more than twelve months an increment if provided for in the higher classified position shall be paid.

4 Where an employee receiving a Higher and Extra Duties Allowance proceeds on approved leave, sick leave or leave in lieu of overtime, the employee will continue to receive that allowance provided that the duties continue after the period of such leave.

5 Payment for overtime shall be at the classification rate inclusive of the allowance."

This contrasts with the current higher duties allowance provisions set out in Regulation 11 of the Tasmanian State Service Regulations 1985.

As this matter preceded the processing in the Commission of what was termed the 4% second tier increase for the State Service proper1 the Bench after deliberating on the material placed before it, informed the parties that a reduction in the qualifying period for higher duties allowance would be endorsed and an appropriate clause would be inserted into the Award.

The Bench considered that its early advice to the parties would focus their attention on the availability of higher duties as an offset of real significance in second tier negotiations.

In the ensuing prosecution of the State Service second tier application it became clear to the Bench dealing with that matter (being the identical Bench considering the higher duties application) that higher duties was not available as an offset.

Following further negotiations between the parties, the Minister did not continue to pursue this particular offset.

In the circumstances the Bench now confirms its decision to include in the Award a higher duties clause for permanent employees which will require a four day qualifying period.

That is, when a permanent employee has performed the duties of a higher classified position for a period of five working days or more, such employee shall be paid, in respect of the whole of the period, the first step of the salary assigned to the higher position.

On each occasion that higher duties are required to be undertaken it will be necessary for a new qualifying period to be completed before any payment is required to be made.

Whilst we are of the view that an extra duties allowance, described in the Association's claim as "duties in addition" is not sustainable, we have decided to include in the award an allowance to compensate employees for performing work of a more responsible nature than that of the substantive position held. The present notion of payment of extra duties allowance should therefore cease.

We envisage that the more responsible duties allowance would apply either in the case of an employee partly relieving in a higher classified position or simply in circumstances where, whilst still in his substantive position, other demonstrably more responsible work is required to be undertaken but not sufficient to justify a higher classification.

Again, a pre requisite qualifying period of four working days will have to be completed before any payment is determined to be made by the Controlling Authority.

In order to facilitate a smooth administrative implementation of what we have decided, the operative date of our decision will be from the first pay period commencing on or after 1 August 1988.

The order [correction order (10.8.88)] [correction order 30.11.88)] giving effect to this decision is attached.

1 T.1119, T.1120, T1216, T1221, T1226, T.1230, T.1233, T.1234, T.1267, T.1269.