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T738

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.738 of 1987

IN THE MATTER OF AN APPLICATION BY THE FEDERATED MISCELLANEOUS WORKERS UNION OF AUSTRALIA, TASMANIAN BRANCH TO VARY THE BOARDING SCHOOLS AND STUDENT HOSTELS AWARD

   
 

RE: IMPLEMENTATION OF 38 HOUR WEEK

   

COMMISSIONER R.J. WATLING

1 July 1987

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch

- Mr K. 0'Brien (27.5.87)
  and (29.6.87)

   

For the Tasmanian Confederation
of Industries

- Mr M. Sertori (27.5.87) and
  (29.6.87)

   

DATE AND PLACE OF HEARING:

 

27 May 1987  Hobart
29 June 1987 Hobart

 

This application, made by the Federated Miscellaneous Workers Union of Australia (Tasmanian Branch), was for the purpose of introducing a 38 hour working week into the Boarding Schools and Student Hospitals Award.

It was reported to me at the start of the hearing on 29 June 1987 that the parties had reached agreement on the offsets required to facilitate the introduction of the shorter working week.

Three major exhibits were tendered showing:

(a) a summary of the offsets;

(b) the value of the offsets; and

(c) the award variations required to reflect the agreement.

The main offsets contained in the agreement are:

    1. The divisor for the purpose of calculating overtime to be 40 for a period of 12 months from the operative date of the agreement.

    2. The divisor for the purpose of calculating overtime worked on Saturdays, Sundays and public holidays shall be 40 for a period of 12 months from the operative date of the agreement.

    3. Meal allowance will not be paid until the completion of 1 1/2 hours overtime.

    4. Under the Mixed Functions provision in the award an employee will be required to work for more than 3 hours on any day on duties carrying the higher rate as opposed to 2 hours in the current award.

    5. Employees will be required to pay an extra $8.60 per week for board and/or lodging and an extra $1.80 for each meal where meals only are required and provided.

    6. The provision for wages to be paid to employees by cash, cheque or direct deposit into a nominated bank account.

The agreement also allows for multiple methods of implementation, storage of rostered days off up to 10 per annum, rostered days to be taken any day of the week, no sick leave to apply on rostered days off and substitution of rostered days off.

The parties also agreed that the operative date shall be the first full pay period to commence on or after 1 August 1987.

Mr. Sertori representing the Tasmanian Confederation of Industries in this matter estimated the cost of introducing a 38 hour week to be approximately 5 to 6 per cent and he tendered an exhibit estimating the value of the offsets at 5.3 per cent.

The savings were broken down into fixed savings, variable savings and non-award savings. In the non-award area he stated that the parties had agreed deductions would be made from employees' wages for poor punctuality.

After examining the submissions of the parties, I have arrived at the conclusion that a genuine attempt has been made to offset the costs associated with the introduction of this new provision in the award.

The claim clearly falls within and satisfies Principle 8 of the Wage Fixation Principles and does not violate the public interest requirements of the Act.

For these reasons I am going to grant the application to operate from 1 August 1987.

 

R.J. Watling
COMMISSIONER