T2399 T2467 T2469 T2470 T2472 T2473 T2474 T2475 T2476 T2477 T2478 T2479 T2480 T2481 T2508 T2653 T2654 T2655 T2656 T2657 T2605 T2504 T2506 T1844 T2264 T3625 - 18 September 1992
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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) Health Services Union of Australia, Tasmania No. 1 Branch (T.2653 OF 1990) 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 Secondary Colleges Staff Association Printing & Kindred Industries Union, Tasmanian Branch
Structural Efficiency Adjustment - State Wage Case (October 1989) - Public Sector Awards REASONS FOR DECISION [Previous Decision] Arising out of the report back hearing associated with these applications the Bench heard submissions on two issues: 1. the progress of negotiations on conditions of service and agency-specific matters, and 2. a memorandum of understanding between the Department of Health, the Health Services Union of Australia, Tasmania No. 1 Branch, the Tasmanian Public Service Association, the Electrical Trades Union of Australia, Tasmanian Branch, the Australian, Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch and Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch re a single health industry award. In relation to the second issue the Commission granted a request from the parties to adjourn this matter until 29 September 1992 to enable them to continue negotiations. Turning now to the first issue, the Commission, on 15 May 1992, endorsed (with some minor amendments) a proposal presented by the Minister's representative to manage the implementation of the Commission's structural efficiency adjustment decision of 29 November 1991. This was contained in Exhibit H27. In respect to conditions of service the Commission endorsed the following part of H27, varied only in relation to the dates upon which certain action was to take place: "the Minister administering the State Service Act will prepare a draft of a conditions of service award (including quantums). A first draft setting out form, structure and substantial content to be provided by July 15, 1992, with a final draft including quantums to be provided by 1 September, 1992. The working group will meet following receipt of the first draft. If appropriate, sub-groups may be formed to consider particular conditions matters." During the report back process the Minister's representative informed the Commission that a final draft on conditions of service had been forwarded to the employee organisations subject to this application, however, quantums had not been included in the draft. This, the Minister's representative said, was because the working group referred to above, had not met. Whilst the absence of that process is of some concern, we do not consider that the whole award restructuring exercise should be stalled. On that point we consider that the unions have demonstrated a lack of cohesion in this area and indeed must share some of the responsibility for the impasse which has occurred. Notwithstanding that, it is fundamental to the award restructuring matters before us that conditions of service and agency-specific matters should be finalised. To that extent we were disappointed that the Minister disregarded the requirement to send the final draft of a conditions of service award, including quantums, to the unions by 1 September 1992. To progress award restructuring in an orderly fashion, and to overcome the stalemate, we rely on the Minister to rectify this situation and forward to all employee organisations which are parties to these proceedings the final draft of the conditions of service award, including quantums, by 25 September, 1992. When this hearing reconvenes on 29 September 1992, we would expect to be informed that this has been done. We consider this process will best facilitate the achievement of satisfactory outcomes for all concerned. Whilst we have no wish to depart from our earlier stated course with respect to the operative date of the package, if the Minister chooses not to provide the required information we will be prepared to hear submissions from the parties on the question of whether or not the link between the operative date for the new salary rates and structures etc. contained in our decision dated 29 November, 1991, and the conditions of service and agency-specific matters should be removed. On 29 September, 1992, the Commission will also hear submissions from the parties on the question of title and scope for the new:
To enable these matters to be processed it is expected that one or all of the parties to these proceedings will submit the necessary applications in accordance with the Act prior to that date.
Appearances: Date and Place of Hearing: |