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

(T.2469 of 1990)
ARCHITECTS AWARD

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

(T.2475 of 1990)
QUANTITY SURVEYORS AWARD

(T.2480 of 1990)
VETERINARY OFFICERS AWARD

Hospital Employees Federation of Australia
Tasmania Branch
(T.2508 of 1990)
NOMINATED PUBLIC SECTOR AWARDS

Federated Engine Drivers' and Firemen's Association
of Australasia, Tasmanian Branch
(T.2511 of 1990)
BOILER ATTENDANTS AWARD

Ambulance Employees' Association of Tasmania
(T.2586 of 1990)
TASMANIAN AMBULANCE SERVICE AWARD

Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch
(T.2605 of 1990)
MISCELLANEOUS WORKERS (PUBLIC SECTOR) AWARD

Structural Efficiency Adjustment - State Wage Case - Public Sector Awards

FURTHER INTERIM DECISION [Previous Decision]

In our decision dated 22 February 1991 we gave the parties the following directions:

"1.   Registered employee organisations likely to be affected by the creation of the occupational streams contained in Exhibit W.2 (excluding teaching) are directed to confer for the purpose of developing a single document which outlines their preferred structure and rates of pay for each occupational stream. In the unlikely event that a unified position is not achieved by the employee organisations, the areas of disagreement should be clearly identified in the documentation.

2.   Copies of this documentation should be provided to the employer and to this Commission by 30 April 1991.

3.   Similarly, the employer is directed to provide its preferred structures, including rates of pay, in respect of the occupational streams in Exhibit W.2 (excluding teaching) to the employee organisations and the Commission by 30 April 1991.

4.   In respect to conditions of employment, we note that the contents of Exhibit 3 also require resolution and we accordingly direct the employer and unions to prepare and exchange their respective positions by the same date, 30 April 1991, and provide the Commission with copies thereof. As far as the employee organisations are concerned, we expect the TTLC to co -ordinate the unions' position in relation to conditions of employment as is envisaged in the document which outlined the resolutions of the public sector unions meeting of 7 February 1991, Exhibit TTLC 1.

5.   Agency specific agenda items are to be prepared by the employer and forwarded to the relevant unions and the Commission by 30 April 1991. Unions are to respond to the employer and provide the Commission with copies by 17 May 1991.

6.   The Commission is prepared to arbitrate any unresolved matters. Accordingly, we will reconvene at 10.30am on 29 May 1991 to be informed of developments which might have occurred during negotiations between the parties subsequent to their exchange of documents. We make it clear that we would expect such negotiations to take place. At the hearing on 29 May 1991 we will set down separate hearing dates for each of the occupational streams (excluding teachers), conditions of employment and agency specific matters.

7.   We expect special case considerations to be accommodated during the hearings convened to deal with each occupational stream.

The purpose for reconvening was to:

Having heard the reports from the parties, we are of the view that the Commission will be required to arbitrate on each of the occupational streams and uniform conditions of employment. As to the question of processing these matters, it was the submission of the Unions that we refer each of the occupational streams to individual members of the Commission who in turn would hear submissions from the parties and report back to this Full Bench for final determination. This course of action was opposed by the representative of the Minister Administering the Tasmanian State Service Act (MATSSA), who was of the opinion that all matters should stay with the Full Bench because of the stated inter-relationships between the occupational streams.

To ensure a consistency in approach, to avoid unnecessary overlapping or duplicated submissions, and to avoid the difficulties associated with referrals (on a report -back basis) to single Commissioners, we have decided to proceed to hear argument and determine all matters in respect of the proposed four occupational streams,

To that end we wish to be addressed on:

To assist in assessing rates of pay for each classification level we wish to be addressed on:

Arguable special case claims relating to awards to be covered by the four occupational streams will be dealt with during the consideration of the classification levels and standards to be inserted in the occupational streams. This will facilitate the translation of individual employees to their appropriate classifications within the occupational streams. In these circumstances we do not consider it will be necessary to conduct individual work value cases.

Arguable special case claims relating to the emergency and custodial services stream will be referred for determination to the appropriate Commission members currently responsible for those awards. That is:

These referrals will occur once the benchmark figure for a tradesperson has been determined.

Conditions of Service matters will remain with the Full Bench for the purpose of developing standardised conditions in the public sector. The parties are directed to commence the process of developing model clauses for particular conditions of employment using the format set out in the document entitled "Tasmanian Government Award Restructuring Proposals April 1991".

For the purpose of dealing with matters relating to the four occupational streams (including associated arguable special cases) and Conditions of Employment (including Exhibit 3 issues), we will sit again at 10.30 am on Monday 22 July, Friday 26 July and Monday 5 August 1991.

Appearances:
Mr. K. O'Brien for the Tasmanian Trades and Labor Council and for the Federated Miscellaneous Workers' Union of Australia, Tasmanian Branch
Mr. D. Holden for the Tasmanian Technical Colleges Staff Society
Mr. M. Clifford for the Building Workers' Industrial Union of Australia, the Operative Plasterers' and Plaster Workers' Federation of Australia, Tasmanian Branch, the Federated Engine Drivers' & Firemen's Association of Australasia, Tasmanian Branch and the Australian Building Construction Employees' and Builders Labourers' Federation, Tasmanian Branch
Mr. M. Kadziolka for the Police Association of Tasmania
Mr. A. J. Grubb for the Amalgamated Society of Carpenters and Joiners, Tasmanian Branch
Mr. R. S. Randall for the Plumbers and Gasfitters Employees' Union of Australia, Tasmanian Branch
Mr. G. Vines for the Tasmanian Public Service Association
Mr. D. Pyrke for the Association of Professional Engineers, Australia, Tasmanian Branch
Mr. R. Warwick for the Hospital Employees Federation, Tasmania Branch - now the Health Services Union of Australia, Tasmania No. 1 Branch
Mr. P. L. Nielsen for the Ambulance Employees' Association of Tasmania
Mr. C. Hughes for the Tasmanian Prison Officers' Association
Mr. D. Hanlon with Mr. A. Pearce for the Minister administering the Tasmanian State Service Act 1984

Date and Place of Hearing:
1991
Hobart
21 May