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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 - 4 February 1993

 

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 :
PRESIDENT F. D. WESTWOOD
COMMISSIONER R. K. GOZZI
COMMISSIONER R. J. WATLING

4 FEBRUARY 1993

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

REASONS FOR DECISION [Previous Decision]

At the conclusion of the report back hearing on 11 November 1992, the Bench requested the union parties in this matter to comment on the submissions of Mr Hanlon that the award restructuring process be abandoned. Particularly the Bench wished to be addressed on whether unions believed there was any good purpose in pursuing, on a collective basis, the objective of attaining uniform award conditions of employment for public sector employees. Also, we were concerned to advance to conclusion the matter of agency specific efficiency and productivity issues. We reiterated to the parties that the salary structures we had determined would operate only as part of a total package including the finalisation of conditions of employment and agency specific issues. We adjourned the proceedings on that basis until 27 January 1993 .

Arising out of the hearing on that date the Bench is now required to determine the following issues:

1. whether or not the proceedings be further adjourned until sometime after 15 March 1993 to enable the TPSA to have meetings with its members; or

2. whether or not the award restructuring process, including the matters contained in the decision of 30 November 1991, should be abandoned.

Having regard to the submissions made in these latest proceedings, it is clear that the parties are experiencing what they believe to be insurmountable problems with the finalisation of that part of the restructuring programme relating to conditions of employment and agency specific issues.

For some time now the Commission has attempted to assist the parties in this task.

Before we make any decision on the above issues we wish to give the parties a final opportunity to place further submissions before us on the question of whether or not any useful purpose would be served by altering the thrust of their negotiations, to agency specific awards including wage rates, relevant conditions of employment and the finalisation of agency specific productivity and efficiency matters.

If the parties are of a view that there is merit in this course they may also wish to give consideration to:

1.  whether an agency award should contain clearly delineated divisions which may facilitate the demarcation process;

2.  whether any particular class or classes should be excluded from an agency specific award and the criteria for such exclusions;

3.  whether the classification standards and salary rates contained in our interim decision of 30 November 1991 should be used as the base for those awards, with appropriate variations to cater for the specific needs of the agency;

4. whether conditions of employment should be discussed on an agency by agency basis only with the organisation(s) that may have an interest in the proposed agency award.

After we have heard from the parties when the hearing is reconvened at 10.30am, on Thursday, 18 March 1993, we will assess and determine what further steps, if any, should be taken by this Bench.

 

Appearances:
Mr K. O'Brien for the Tasmanian Trades and Labor Council and for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Mr G. Vines and Mr R. Hunt for the Tasmanian Public Service Association - and for the Australian Workers Union
Mr D. Rees and Mr R. Warwick for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr C. Lane for the Tasmanian Teachers Federation
Mr D. Pyrke and later Mr M. Butler for the Association of Professional Engineers and Scientists, Australia, Professional Engineers Branch, Tasmania
Mr. G. Cooper for the Australian Workers Union and also for the Metals and Engineering Workers' Union
Mr M. J. Brough for the Tasmanian TAFE Staff Society
Ms D. Moncrieff for the Federated Engine Drivers and Firemen's Association of Australasia, Tasmanian Branch
Mr K. Coppleman for the Electrical Trades Union of Australia, Tasmanian Branch
Mr M. Clifford for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr T. Harding for the Metals and Engineering Workers' Union
Mr N. Devine for the United Fire Fighters Union of Tasmania
Mr M. Kadziolka for the Police Association of Tasmania
Mr D. Hanlon, and later Mr C. Willingham (with Mr M. Stevens in lieu of Mr M. Jarman on 6.10.92 and 11.11.92) for the Minister administering the Tasmanian State Service Act 1984

Date and Place of Hearing:
1992
Hobart
October 6
November 11
1993
January 27