T2399 T2508 T2511 T2586 T2605 - 22 February 1991
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act Tasmanian Public Service Association Hospital Employees Federation of Australia Federated Engine Drivers' and Firemen's Association of Australasia, Ambulance Employees' Association of Tasmania Federated Miscellaneous Workers Union of Australia,
Structural Efficiency Adjustment - State Wage Case - Public Sector Awards REASONS FOR DECISION [Previous Decision] During the proceedings on Wednesday, 20 February 1991, none of the parties expressed discontent with the major features of Exhibit W.2 and Exhibit 3, which were agreed by the parties and endorsed by our interim decision of 6 August 1990. It was continually repeated that the content and objectives of the package were satisfactory but that the processes required to achieve those objectives were flawed. In particular the unions claimed that the employer was using the working groups and the peak negotiating group to stall the proceedings, which the employer denied, and the employer counter claimed that the unions were refusing to address key issues in the negotiations. The employer had also recognised the inherent problems with the process and had presented a revised system, Exhibit H.2, which was rejected by the employee organisations. Having regard to the undertakings provided to the Commission by the parties which resulted in the August 1990 decision, and the obvious difficulties the parties are experiencing in making their processes work, we feel compelled to give 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 on 29 May 1991 to be informed of developments which might have occurred during negotiations between the parties subsequent to the 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. Finally, in the proceedings thus far we have noted that there appears to have been created in the public sector workforce a wide expectation of significant general wage increases in excess of the available 6% which has already been awarded in accordance with the Wage Fixing Principles. This expectation may well prove to be unfounded.
Appearances: Date and Place of Hearings:
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