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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 T2508 T2653 T2654 T2655 T2656 T2657 T2511 T2605 T2504 T2506 T1844 T2264 T3625 - 21 August 1992

 

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.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)

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

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)

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

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

 

FULL BENCH (RECONSTITUTED):
PRESIDENT F. D. WESTWOOD
DEPUTY PRESIDENT A. ROBINSON
COMMISSIONER R. K. GOZZI

21 AUGUST 1992

Structural Efficiency Adjustment - State Wage Case (October 1989) - Public Sector Awards

REASONS FOR DECISION [Previous Decision]

At a report back hearing on 18 August 1992, the President recommended that the Working Parties on occupational streams envisaged in the award implementation process submitted by the Minister administering the Tasmanian State Service Act (the Minister) as Exhibit H.27 and adopted by the Commission, be established within 24 hours and convened within 48 hours. By letter the same day, the Government indicated that a premature meeting on occupational streams would do nothing to advance the award restructuring process.

In the absence of Commissioner Watling, the Full Bench was reconstituted by the appointment of the Deputy President in place of Commissioner Watling, and a hearing convened for 2.15 pm on 20 August 1992 for the purpose of considering the Government's response.

During the course of that hearing it became apparent that there was a substantial misunderstanding of the Government's position in relation to the unions' access to Agencies for the purpose of consultation on workplace reform, including the review of all jobs (job redesign) in keeping with the Structural Efficiency Principle and the preparation of accurate Position Descriptions to reflect new work requirements.

The representative of the Minister informed the Bench it was Government policy that there should be no impediment to the unions in consultations on these matters. However, the Minister claimed that the working parties could not usefully be brought together on the issues of benchmark functions and tasks at this stage. Work on these matters was continuing and material would be available for distribution to the unions within six weeks.

All unions expressed surprise that they would now have access to Agencies on job review and position descriptions, and indicated they would take advantage of that opportunity immediately. They remained concerned however, about a further six weeks delay in becoming involved with the benchmark issue.

In order to substantiate the Minister's claims and to confirm the Minister's position in relation to consultation with unions, the Commission was provided with documentation, Exhibit MATSSA.1 (attached), setting out how the award implementation process was to be handled internally. The Minister's representative indicated that the process set out would be conveyed, once more, to Heads of Agencies.

We have no doubt that the unions generally have been prevented, for some unknown reason, from becoming fully involved in these matters at the Agency level. The revelation that they can now do so will do much to remove the feelings of frustration which have developed in recent months.

We commend that course of action and remind the parties of that part of our decision of 29 November 1991 which stated, at page 16:

"In order to derive the maximum benefits from the package we have determined it is now important that the parties innovatively apply themselves to the tasks of job redesign, including broadbanding, to be followed up by accurate job descriptions. This will then enable positions for which job descriptions have been finalised to be translated into the appropriate new award by reference to the relevant classification standards.

The parties should co-operate in this process. Such an approach should facilitate the satisfactory conclusion of the exercise."

So far as the process on benchmarks is concerned, we accept the Minister's comment that working group meetings would not be appropriate at this stage and we note that relevant material will be made available to unions within six weeks.

During the course of the proceedings we were asked to abandon the translation process determined on 29 November 1991 and adopt a point-to- point translation process, to be effective from 1 December 1992, which would be followed by the reclassification of existing jobs using the classification standards we had earlier determined. In view of the Government's undertakings to consult with unions, which we consider to be a breakthrough compared with our earlier understanding of the position, we do not consider it is now necessary to address this proposal.

 

Appearances:
Mr K. O'Brien for the Tasmanian Trades and Labor Council and for the Federated Miscellaneous Workers' Union of Australia, Tasmanian Branch
Mr G. Vines, Mr P. Mazengarb and Mr R Hunt for the Tasmanian Public Service Association
Mr C. Lane for the Tasmanian Teachers Federation
Mr G. Cooper for the Australian Workers' Union
Mr A. Pearce for the Minister administering the Tasmanian State Service Act 1984

Date and Place of Hearing:
1992
Hobart
August 20, 21