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Tasmanian Industrial Commission

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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
s.23 application for awards and variation of awards

Tasmanian Public Service Association
(T.2399 of 1990)
NOMINATED PUBLIC SECTOR AWARDS

See end of decision for Awards varied

(T.2467 of 1990)
DRAFTING OFFICERS AWARD

(T.2469 of 1990)
ARCHITECTS AWARD

(T.2470 of 1990)
HOSPITAL SCIENTISTS

(T.2471 of 1990)
KEYBOARD EMPLOYEES AND OFFICE ASSISTANTS AWARD

(T.2472 of 1990)
PHARMACISTS AWARD

(T.2473 of 1990)
PRISON OFFICERS AWARD

(T.2474 of 1990)
PSYCHOLOGISTS AWARD

(T.2475 of 1990)
QUANTITY SURVEYORS AWARD

(T.2476 of 1990)
SCHOOL DENTAL THERAPISTS AWARD

(T.2477 of 1990)
SCIENTIFIC OFFICERS AWARD

(T.2478 of 1990)
SURVEY OFFICERS AWARD

(T.2479 of 1990)
VALUERS AWARD

(T.2480 of 1990)
VETERINARY OFFICERS AWARD

(T.2481 of 1990)
WELFARE WORKERS AWARD

(T.3200 of 1991)
INLAND FISHERIES COMMISSION STAFF AWARD
(re Coxswain's Certificate Allowance)

Tasmanian Public Service Association
(T.4004 of 1992)
ADMINISTRATIVE AND CLERICAL EMPLOYEES AWARD

(T.4005 OF 1992)
TECHNICAL EMPLOYEES AWARD

(T.4006 of 1992)
OPERATIONAL EMPLOYEES AWARD

(T.4007 of 1992)
PROFESSIONAL EMPLOYEES AWARD

(T.4103 of 1992)
LEGAL PRACTITIONERS AWARD

Health Services Union of Australia, Tasmania No. 1 Branch
(T.2508 of 1990)
NOMINATED PUBLIC SECTOR AWARDS

(T.2653 OF 1990)
(T.2654 OF 1990)
(T.2655 OF 1990)
(T.2656 OF 1990)
(T.2657 OF 1990)
HOSPITAL EMPLOYEES (PUBLIC HOSPITALS) AWARD

(T.4014 of 1992)
HEALTH INDUSTRY (PUBLIC SECTOR) AWARD

(T.4015 of 1992)
TECHNICAL EMPLOYEES AWARD

(T.4016 of 1992)
OPERATIONAL EMPLOYEES AWARD

(T.4017 OF 1992)
ADMINISTRATIVE AND CLERICAL EMPLOYEES AWARD

(T.4018 OF 1992)
PROFESSIONAL EMPLOYEES AWARD

Federated Engine Drivers' and Firemen's Association
of Australasia, Tasmanian Branch

(T.2511 of 1990)
BOILER ATTENDANTS AWARD

Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch

(T.2605 of 1990)
MISCELLANEOUS WORKERS (PUBLIC SECTOR) AWARD

Association of Professional Engineers and Scientists, Australia
Professional Engineers Branch, Tasmania

(T.2504 of 1990)
NORTH WEST REGIONAL WATER BOARD EMPLOYEES AWARD
(re Engineer classifications)

(T.2506 of 1990)
PROFESSIONAL ENGINEERS AWARD

Tasmanian Teachers Federation
(T.1844 of 1989)
TEACHING SERVICE (TEACHING STAFF) AWARD
(re recreation leave allowance)

(T.2456 of 1990)
TEACHING SERVICE (NON TEACHING STAFF) AWARD
(re salaries)

Secondary Colleges Staff Association
(T.2264 of 1989)
TEACHING SERVICE (TEACHING STAFF) AWARD
(re recreation leave allowance)

Tasmanian Teachers Federation
Secondary Colleges Staff Association

(T.2992 of 1991)
(re Laboratory Technician classification)

Printing & Kindred Industries Union, Tasmanian Branch
(T.3625 of 1991)
GOVERNMENT PRINTING OFFICE PRODUCTION STAFF AWARD

 

FULL BENCH:
PRESIDENT F. D. WESTWOOD
COMMISSIONER R. K. GOZZI
COMMISSIONER R. J. WATLING

23 APRIL 1993

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.

 

Appearances:
Mr K. O'Brien for the Tasmanian Trades and Labor Council and for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Mr G. Vines and Mr P. Mazengarb for the Tasmanian Public Service Association, the Australian Workers Union and the TAFE Staff Society
Mr R. Warwick for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr C. Lane for the Tasmanian Teachers Federation
Mr D. Pyrke for the Association of Professional Engineers and Scientists, Australia, Professional Engineers Branch, Tasmania
Mr M. Kadziolka for the Police Association of Tasmania
Mr C. Willingham with Mr D. Hanlon for the Minister administering the Tasmanian State Service Act 1984

Date and Place of Hearing:
1993
Hobart
March 18

ATTACHMENT

SCHEDULE OF DISMISSED APPLICATIONS

Public Sector - State Wage Case - Structural Efficiency Principle

Application No.

Applicant

Award

T2399 of 1990 TPSA Nominated public sector awards
T2456 of 1990 TTF Teaching Service (Non Teaching Staff) Award (re Clause 8 Salaries)
T2467 of 1990 TPSA Drafting Officers Award
T2469 of 1990 TPSA Architects Award
T2470 of 1990 TPSA Hospital Scientists
T2471 of 1990 TPSA Keyboard Employees & Office Assistants Award
T2472 of 1990 TPSA Pharmacists Award
T2473 of 1990 TPSA Prison Officers Award
T2474 of 1990 TPSA Psychologists Award
T2475 of 1990 TPSA Quantity Surveyors Award
T2476 of 1990 TPSA School Dental Therapists Award
T2477 of 1990 TPSA Scientific Officers Award
T2478 of 1990 TPSA Survey Officers Award
T2479 of 1990 TPSA Valuers Award
T2480 of 1990 TPSA Veterinary Officers Award
T2481 of 1990 TPSA Welfare Workers Award
T2504 of 1990 APESA North West Regional Water Board Employees Award (re Engineer classifications)
T2506 of 1990 APESA Professional Engineers Award
T2508 of 1990 HSUA.1 Clerical Employees; General Officers; Hospital Employees (Public Hospitals); Hospital Scientists; Junior Employees; Keyboard Employees and Office Assistants; Physiotherapists, Occupational Therapists and Speech Pathologists; Social Trainers; and Welfare Workers Awards
T2511 of 1990 FEDFA Boiler Attendants Award
T2605 of 1990 FMWU Miscellaneous Workers (Public Sector) Award
T2653 of 1990 HSUA.1 Hospital Employees (Public Hospitals) Award
(re Ward Clerks)
T2655 of 1990 HSUA.1 Hospital Employees (Public Hospitals) Award
(re Maintenance Staff)
T2656 of 1990 HSUA.1 Hospital Employees (Public Hospitals) Award
(re Trade Instructors)
T2654 of 1990 HSUA.1 Hospital Employees (Public Hospitals) Award
(re Laundry Machine Operators)
T2657 of 1990 HSUA.1 Hospital Employees (Public Hospitals) Award
(re Attendants)
T2992 of 1991 TTF )
SCSA )
Teaching Service (Non Teaching Staff) Award
(re salaries etc for Laboratory Technicians)
T3200 of 1991 TPSA Inland Fisheries Commission Staff Award
(re Coxswain's Certificate Allowance)
T3625 of 1991 PKIU Government Printing Office Production Staff Award
T4004 of 1992
T4017 of 1992
TPSA )
HSUA1 )
Administrative and Clerical Employees Award
T4005 of 1992
T4015 of 1992
TPSA )
HSUA.1)
Technical Employees Award
T4006 of 1992
T4016 of 1992
TPSA )
HSUA.1)
Operational Employees Award

T4007 of 1992
T4018 of 1992

TPSA )
HSUA.1)
Professional Employees Award

Awards Varied:
Administrative and Clerical Employees
Dental Employees
General Conditions of Service
General Officers
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
Parliamentary Staff
Police
Police Departmental Employees & Road Safety Officers
Port Arthur Authority 
Prison Officers
Sea Fisheries
Southern Regional Cemetery Trust
Tasmanian Ambulance Service
Tasmanian Museum & Art Gallery Employees
Technical Employees
Tourism Tasmania Staff