Minister for Transport & the Public Service Board v the Civil Air Operations Officers Association of Australia [1977] FCA 39

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Mis 175/77 MD Print D3867 IN THE AUSTRALIAN CONCILIATION AND ARBITRATION COMMISSION Public Service Arbitration Act 1920

In the matter of

MINISTER FOR TRANSPORT AND THE PUBLIC SERVICE BOARD and

THE CIVIL AIR OPERATIONS OFFICERS' ASSOCIATION OF AUSTRALIA (C No. 650 of 1977)

Direction by the President pursuant to section 15A of the Public Service Arbitration Act re salary claims by Air Traffic Controllers

SIR JOHN MOORE, PRESIDENT SYDNEY, 11 JULY 1977 MR JUSTICE ROBINSON MR PUBLIC SERVICE ARBITRATOR TAYLOR

DECISION

This matter came before the Full Bench on 16 May 1977 when it was referred to Mr Justice Robinson for investigation and report. His Honour's report was made available to the parties on 22 June 1977 and subsequently debated before us. To avoid duplication the report will be appended to this decision and should be read in conjunction with it.

Central to the report was a categorization of changes to air traffic control instructions and procedures relied on by the Association to justify an increase on work value grounds pursuant to indexation Principle 7(a). In relation to this exercise His Honour said, "The overall results suggest sixteen changes are outeide normal assimilation parameters, eight under the 1974-1977 grouping and eight under the Joint Working Party proposals. It may be argued that such changes are relevant to an assessment of a 'significant net addition to work requirements'."

Before us the Association sought to add some fifteen changes to the arguable group, whereas the Board suggested that nothing had occurred which

would satisfy the test laid down by Principle 7(a).

In addition, Mr Garlick called fresh evidence to support the Association's contention that Proposals 1, 9, 10 and 11 should be seen as a change in philosophy warranting a general upgrading of air controllers' salaries. The evidence seeks to establish that the policy of the Department prior to the Joint Working Party required an air controller to operate by the book and not otherwise. The Association claims the practice adopted by air controllers was consistent with that policy.