IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

These applications were made by the Transport Workers' Union of Australia, Tasmanian Branch and The Federated Furnishing Trade Society of Australasia, Tasmanian Branch for the purpose of gaining a 4% increase in the wage rates contained in Divisions A and C of the Furnishing Trades Award, pursuant to the Restructuring and Efficiency Principle.

The FFTS application also sought to include a provision in the award to reflect an agreement reached with the employers relating to the payment of superannuation for employees in Division A.

The negotiated offsets agreed to by the parties can be summarised as follows:

For Employees In Division A

Insert new provisions to:

1. Enable part-time employees to be engaged on a weekly contract of hire to work less than 38 hours but at least 19 hours or more per week.

2. Pay wages by cash, cheque or directly by bank deposit, including the payment of annual leave.

3. Provide for the employment of adult apprentices.

4. Specify the ratio of adult apprentices to tradesmen.

5. Increase the spread of ordinary hours.

6. Delete the "eight week" maximum engagement for casuals and insert a maximum of "12 weeks".

7. Provide for the banking of rostered leisure days.

For Employees in Division C

Insert new provisions to:

1. Enable annual leave to be taken in more than one period.

2. Allow for annual leave to be taken where an employer closes down his factory for the purpose of enabling employees, falling within the "Scope" of Division A, to take annual leave.

3. Pay wages by cash, cheque or directly by bank deposit.

4. Pay wages on Thursday each week.

5. Increase the spread of ordinary hours.

6. Enable sick leave to be accrued at a rate of 6.66 hours for each completed calendar month during the first three months' of employment.

7. Delete travelling time.

8. Vary the Sick Leave clause requiring employees to inform the employer of their inability to attend work as soon as possible and, where practicable, within one hour after the commencement of the employees' normal working day.

9. Include a provision for the payment of overtime.

Mr. Edwards, representing the Tasmanian Confederation of Industries, informed the Commission that his organisation, on behalf of employers, had reached agreement with the unions to vary the said provisions contained in the award and in return rates of pay be increased. These increases would not exceed 4% thus complying with the Wage Fixing Principles.

He maintained the offsets were of such a nature to warrant an increase in the wage rates contained in Divisions A and C.

Whilst Mr. Edwards did not present precise costings of the offsets, nevertheless, I am satisfied that a genuine attempt has been made to satisfy the Restructuring and Efficiency Principle. The award shall be varied in the manner sought by the parties and I decide accordingly.

The necessary orders giving effect to this part of the decision are attached.

Operative Date:

The parties urged the Commission to grant a prospective operative date i.e. from the first full pay period to commence on or after 1 November 1988.

This meets with my approval and forms part of the order.

SUPERANNUATION:

As stated earlier, part of the FFTS application sought to have a provision placed in the award relating to superannuation for employees falling within the "Scope" of Division A of the award.

I was informed by the parties that agreement had been reached on this matter, including the quantum of payment to be made into the Fund and the operative date.

The major aspects of the superannuation provision are as follows:

1. The scheme will include weekly employees and part-time employees engaged for a constant number of hours but not less than 19 in any one week.

2. The superannuation scheme shall be "TASPLAN" which is a scheme established by trust deed and jointly sponsored by the TCI and the Tasmanian Trades and Labor Council.

3. The employer shall contribute to the scheme an amount of $10.00 per week for adult employees and $5.00 per week for apprentices and juniors and in respect of part-time employees, the employer shall contribute 507 of the relevant full-time contribution to the scheme.

4. The scheme conforms fully to the standards laid down by the Office of the Insurance and Superannuation Commissioner, and is an approved scheme under the Wage Fixing Principles.

5. The unions who are parties to Division A of this award are The Federated Furnishing Trade Society of Australasia, Tasmanian Branch and The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.

6. The agreed date of operation of the scheme is from the beginning of the first full pay period to commence on or after 1 January 1989.

DECISION:

I am satisfied that the agreed superannuation package conforms with the Wage Fixing Principles and does not violate the provisions of the Industrial Relations Act 1984.

I am of the opinion that the package should be endorsed and an appropriate provision included in the award and I decide accordingly.

ORDER:

During the course of submissions, the parties agreed to prepare an appropriate draft order for my consideration. This is attached to this decision with my endorsement.

RJ Watling
COMMISSIONER