T2399 T2467 T2469 T2470 T2471 T2472 T2473 T2474 T2475 T2476 T2477 T2478 T2479 T2480 T2481 T3200 T2508 T2653 T2654 T2655 T2656 T2511 T2605 T2504 T2506 T1844 T2264 T3625 - 1 October 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] In our decision dated 18 September 1992, we requested the Minister to forward to all employee organisations in these proceedings, the final draft of the conditions of service award, including quantums, by 25 September, 1992. At the commencement of the report back hearing on 29 September 1992, Mr Willingham, representing the Minister, informed the Commission that the abovementioned request had been met by that date. In the submissions made by Mr. Vines for the TPSA, he expressed concern about the contents of the draft conditions of service document which he said were in excess of what he believed to be the previously agreed positions of the parties and decisions of the Commission. He asked the Commission to rule on whether the matters contained in the Minister's document were properly before the Commission as part of these proceedings, by what mechanism were they a part of these proceedings, and under which of the Wage Fixing Principles could these matters be considered. Mr Vines inferred that the Minister should be restricted to the specific conditions contained in Exhibits 3 and W.2. Those exhibits, which were endorsed by the Commission in our decision of 6 August 1990, envisaged a consistent process of rationalisation and standardisation of certain conditions of service. It is a matter of record that the parties seemed to be reluctant to finalise the questions of salaries, classification standards, conditions of service and agency specific matters, and as a result of hearings on 15 October 1990, 22 November 1990, and 4 and 20 February 1991, the following direction was given to the parties at page 2 of our decision dated 22 February 1991:
On 21 May 1991, the hearing reconvened for the purpose of (a) being informed of developments that had occurred in the negotiations between the parties subsequent to the exchange of documents, and (b) setting down separate hearing dates for each of the occupational streams (excluding teachers), conditions of employment and agency specific matters. In our decision dated 1 July 1991 arising out of the May hearing, we stated the following:
That document, endorsed by the Commission, commences with the following:
It goes on to describe the initial process leading to the progressive introduction of additional conditions of service matters. Simply put the Commission endorsed a complete review of conditions of service matters in conformity with the Structural Efficiency Principle, which is the primary principle under which awards of the public sector are being restructured. Subsequently on 30 April 1992, the Commission endorsed a document (Exhibit H.27) tendered by the Minister, which set out an implementation programme and included a provision requiring the Minister to forward to employee organisations a final draft of a conditions of service award, including quantums, by 1 September 1992. As previously mentioned, this has now been done and we would expect the employee organisations to commence negotiations with the Minister on these matters. We would encourage them to present to the Minister their own conditions of service document to assist the negotiating process. In the report back hearing which has already been scheduled for 6 October 1992, we will expect to be informed of progress made with regard to finalising conditions of service matters. The parties are reminded that the Commission is prepared to arbitrate any outstanding matters.
Appearances: Date and Place of Hearing: |