T2399 T2467 T2469 T2470 T2471 T2472 T2473 T2474 T2475 T2476 T2477 T2478 T2479 T2480 T2481 T3200 T4004 T4005 T4006 T4007 T4103 T2508 T2653 T2654 T2655 T2656 T2657 T4014 T4015 T4016 T4017 T4018 T2511 T2605 T2504 T2506 T2456 T2264 T2992 T3625 - 23 April 1993
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Tasmanian Public Service Association
(T.2467 of 1990)
(T.2469 of 1990)
(T.2470 of 1990)
(T.2471 of 1990)
(T.2472 of 1990)
(T.2473 of 1990)
(T.2474 of 1990)
(T.2475 of 1990)
(T.2476 of 1990)
(T.2477 of 1990)
(T.2478 of 1990)
(T.2479 of 1990)
(T.2480 of 1990)
(T.2481 of 1990)
(T.3200 of 1991)
Tasmanian Public Service Association
(T.4005 OF 1992)
(T.4006 of 1992)
(T.4007 of 1992)
(T.4103 of 1992)
Health Services Union of Australia, Tasmania No. 1 Branch
(T.2653 OF 1990)
(T.4014 of 1992)
(T.4015 of 1992)
(T.4016 of 1992)
(T.4017 OF 1992)
(T.4018 OF 1992)
Federated Engine Drivers' and Firemen's Association
Federated Miscellaneous Workers Union of Australia,
Association of Professional Engineers and Scientists, Australia
(T.2506 of 1990)
Tasmanian Teachers Federation
(T.2456 of 1990)
Secondary Colleges Staff Association
Tasmanian Teachers Federation
Printing & Kindred Industries Union, Tasmanian Branch
Structural Efficiency Adjustment - State Wage Case (October 1989) - Public Sector Awards
REASONS FOR DECISION [Previous Decision]
The Bench has gone to considerable lengths to provide the parties with a framework within which to conclude the process of public sector award restructuring and to commence the extensive programme of workplace reforms envisaged in our decision of 29 November 1991. Whilst the salary and wage structures have been finalised, the restructuring exercise has been held up primarily because of the inability or the reluctance of the parties to come to grips with the processes for achieving rationalisation of conditions of employment and workplace reform provided for in our decision.
In the most recent proceedings in this matter the Bench has been asked by the Minister to abandon the totality of the award restructuring process established by our decision. That request has received support from some employee organisations. However, the Tasmanian Public Service Association, supported by employee organisations which, in the main, are working towards achieving their own specific agency arrangements, has countered by proposing that the Bench should proceed to make the four occupational stream awards effective from 1 July 1993. The intervening period would be used for the purpose of achieving the desired goals of agency-specific items and rationalisation of conditions of employment.
It is apparent that all of the parties wish, in some way or another, to depart from the integrated approach specified in our decision, which required that all issues be considered on the basis of an indivisible package. We consider that departure from this approach seriously impacts on the package which contemplated award restructuring, rationalisation of conditions of employment, workplace reform and the identification and implementation of productivity and efficiency measures.
Given the responses of the parties, we have decided to move away from the current service-wide process for dealing with award restructuring, conditions reform and workplace efficiency issues, as we are satisfied that the parties generally have no commitment to that process.
In the circumstances, we consider that the parties should now feel free to exercise options which could include arrangements designed to suit individual agency circumstances, whether this be by way of enterprise or agency awards, industrial agreements or enterprise agreements. As the Commission is excluded from dealing with enterprise agreements, the Commission may only deal with the parties in relation to awards or Section 55 industrial agreements.
The classification standards, set out in the decision of 29 November 1991, which were derived, in the main, from standards proposed by the Minister have been work valued by the Bench. In the event that these standards remain fundamentally unaltered the rates of pay previously determined obviously will have relevance. It will be up to the parties, in the context of applications for awards or industrial agreements, to satisfy the Commission that a departure from the standards, or the rates determined by the Bench, is, or is not, justified.
In addition, the Commission will ensure that any award or agreement that is proposed to be made or approved, has effectively addressed the issues of conditions of employment, efficiency and productivity, either on an agency or enterprise basis or, where appropriate, on a service-wide basis.
This approach has the advantage of facilitating the agency-by-agency procedure favoured by most of the parties and will ensure that the work that already has been undertaken by the employee organisations and the employer in the award restructuring exercise will continue to be of use. To that extent the process of workplace reform and rationalisation of conditions of employment should be finalised more expeditiously than otherwise might have been the case.
In accordance with the Wage Fixing Principles any application which contemplates increases in wages and salaries or improvements in conditions which exceed those allowable under the October 1989 and the August 1991 State Wage Case decisions will be processed as a special case before a Full Bench of the Commission, unless otherwise determined by the President.
Having regard to the foregoing, the applications listed in the attachment to this decision are dismissed.
Applications T1844 and T2264 of 1989 by the Tasmanian Teachers Federation and the Secondary Colleges Staff Association respectively, dealing with the recreation leave allowance provisions of the Teaching Service (Teaching Staff) Award; Application T4103 of 1992 by the Tasmanian Public Service Association, dealing with the Legal Practitioners Award; and Application T4014 of 1992 by the Health Services Union of Australia, Tasmania No. 1 Branch for a Health Industry (Public Sector) Award, are remitted to the President for re-assignment.
Date and Place of Hearing:
SCHEDULE OF DISMISSED APPLICATIONS
Public Sector - State Wage Case - Structural Efficiency Principle
Administrative and Clerical Employees
General Conditions of Service
Governor of Tasmania Staff
Hobart Regional Water Board Staff
Inland Fisheries Commission Staff
Legal Practitioners and Apprentice-at-Law
Miscellaneous Workers (Public Sector) and Correction Order
North West Regional Water Authority Employees
Officers of the State Fire Commission
Police Departmental Employees & Road Safety Officers
Port Arthur Authority
Southern Regional Cemetery Trust
Tasmanian Ambulance Service
Tasmanian Museum & Art Gallery Employees
Tourism Tasmania Staff