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IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1158 of 1988 IN THE MATTER OF AN APPLICATION BY THE FEDERATED MISCELLANEOUS WORKERS UNION OF AUSTRALIA, TASMANIAN BRANCH TO VARY THE MISCELLANEOUS WORKERS AWARD

RE: 4% SECOND TIER INCREASE

 

COMMISSIONER R K GOZZI

HOBART, 11 November 1988

REASONS FOR DECISION

APPEARANCES:

For the Federated Miscellaneous
Workers Union of Australia,
Tasmanian Branch

For the Tasmanian Confederation
of Industries

 

 

- Mr L. Brown

 

- Mr M. Sertori

DATE AND PLACE OF HEARING:

4 November 1988           Hobart

 

In this matter the Federated Miscellaneous Workers Union of Australia, (Tasmanian Branch) sought the variation of the Miscellaneous Workers Award to reflect the 4 per cent second tier increase and consequential amendments.

Mr Sertori appearing for the Tasmanian Confederation of Industries (TCI) canvassed the offsets negotiated between the parties and which are outlined in exhibit S1.

Whilst at the conclusion of hearing this matter I indicated to the parties that I would approve the increases requested to be made to award rates of pay, I was assured by them that shift work arrangements contained in the Hours of Work Clause would be clarified to make the intent of those particular provisions clear.

The offsets presented impact on several award clauses including Contract of Employment, Hours of Work, Payment of Wages and Sick Leave.

Albeit that I have some reservations, I was assured by Mr Sertori and Mr Brown appearing for the union, that significant savings will result as a consequence of employers now able to roster employees to work shifts on any five days of the week.

Mr Brown informed me that the package of offsets were the result of extensive negotiations between the parties.

Mr Sertori said that every endeavour had been made to ensure that those employers that would be affected by the increase were given the opportunity to comment on the negotiations that had taken place between the parties.

In all the circumstances I accept the submissions of the parties that the object of the Restructuring and Efficiency Principle has been satisfied.

On the question of the application of the 4 per cent to Leading Hand rates in the award, these will also be varied.

The operative date of this decision will be the first pay period to commence on or after 11 November 1988.

The order is attached hereto.

 

R. K. Gozzi
COMMISSIONER