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T492

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T. No. 492 of 1986 IN THE MATTER OF AN APPLICATION BY THE FEDERATED MISCELLANEOUS WORKERS UNION OF AUSTRALIA, (TASMANIAN BRANCH) TO VARY THE CLEANERS AWARD
   
  RE: PART-TIME AND CASUAL EMPLOYEES
   
COMMISSIONER R.J. WATLING 25 September 1986
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For the Federated Miscellaneous
Workers Union (Tasmanian Branch)
- Mr. K. O'Brien
   
For the Tasmanian Chamber of Industries - Mr. W.J. FitzGerald
   
DATES AND PLACE OF HEARING:  
   
03 September, 1986 Hobart
   
   

This application made by the Federated Miscellaneous Workers' Union of Australia (Tasmanian Branch) [F.M.W.U.], sought to vary the Cleaners Award by deleting Clause 11 - Part-time and Casual Employees, and inserting a new Clause 11 to read as follows:

"11. PART-TIME AND CASUAL EMPLOYEES

(a) Part-time employees shall be paid per hour 1/38 of the weekly rates prescribed for the work plus 10 per cent; such hourly rates to be taken to the nearest whole cent with fractions less than 0.5 cents being disregarded.

(b). Casual employees shall be paid per hour 1/38 of the weekly rates prescribed for the work performed plus 33 1/3 per cent; such hourly rates to be taken to the nearest whole cent with fractions of less than 0.5 cents being disregarded.

(c) Part-time employees may agree with their employer that their weekly hours be reduced in proportion to the reduction in ordinary hours which occurred for full-time employees from 25 March 1985. Where such agreement is made the provisions of Clause 1(b) Implementation of 38 Hour Week, shall apply.

This variation shall take effect from 1 July 1985."

Both parties agreed to the claim requesting the Commission to vary the award in the manner sought.

The primary reason for the Union's application was to eliminate any possible misunderstandings or incorrect interpretations associated with the current award provision.

I support the application for the reasons given in my decision which was read into transcript on the day of the hearing and appears as follows:

"When this award was varied to incorporate the 38 hour working week (T.No. 66 of 1985) one of the agreed offsets was the delayed introduction of the divisor for calculating the rates of pay for part-time and casual employees.

It was agreed at that time that the divisor of 1/38 would not be operative until 1 July 1985 and the award was amended to reflect this agreement.

This application only seeks to remove the obsolete provisions now contained in the award, thus making it clearer for all concerned that the divisor is now 1/38.

In short, the application does not alter the Full Bench decision in T. No. 66 of 1985, therefore, the award will be varied to reflect the agreement of the parties."

 

R.J. Watling
COMMISSIONER