IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Each of the two matters dealt with in this interim decision seek to address or, to be more correct, redress the existing award classification(s) of Section Manager and/or Buyer/Orderer, or Section Manageress or Buyer/Orderer.

One application was filed by the Shop Distributive and Allied Employees' Association and the other by the Tasmanian Confederation of Industries. Both were directed towards clarifying the present position regarding persons directed, required or claiming to be in charge of a section or department in their various areas of employment.

The catalyst for the SDAEA application was said to have been the finding of the Commission on an application for interpretation1 that was heard in December 1988.

At the request of the SDAEA an exhaustive programme of inspections was arranged for Burnie, Devonport, Launceston and Hobart. However the Commission was later informed that the TCI and SDAEA had reached substantial agreement on the main issue. Later the Commission was advised that the Retail Traders' Association also was not opposed to what was proposed.

Apart from rationalising the classification to include gender-neutral terminology, the agreed revision of the definition appears to achieve two main purposes. First, it makes clear that there is only one classification involved and not a series of designations such as Buyer, Orderer, Section Manager, or, as originally claimed in these proceedings, Staff Controller. Second, in order to avoid confusion it has been agreed that the title "Section Manager" will in future be sufficient to describe a person who satisfies the following prerequisites:-

The person must -

(a) be in direct contact with customers; and

(b) be appointed by management to be responsible for the day to day operation of a defined section or department; and

(c) be responsible for the supervision of at least one other employee; and

(d) be responsible for the keeping of stock.

If these criteria are satisfied the person concerned is a Section Manager, notwithstanding that he or she may be under the orders of a supervisor who does not devote the whole or his or her time to the management of the section or department.

Ordinarily the matter would be expected to conclude with the ratification or otherwise of such an agreement. However, both the SDAEA and the TCI indicated during proceedings that there remained unresolved the question of definition and classification of persons referred to as "Front End Controllers". Because of this the Commission was invited to bring down an interim decision on the agreed matter and stand over for further consideration the question of Front End Controllers. In making this request the parties acknowledged that any future variation to the award relating to Front End Controllers would be prospective in operation.

It was also agreed that the revised definition of Section Manager, to which I have earlier referred, would take effect from the date of any interim decision.

It only remains for me to indicate that as I both understand and concur in what has been agreed, I have no objection to the proposed course regarding Front End Controllers. The requested interim variation will therefore be approved. However, in relation to the question of Front End Controllers, the Retail Traders' Association should also be afforded equal opportunity to participate in any ongoing discussions to be held between the SDAEA and TCI.

Insofar as the present agreed matters are concerned the award will be varied with effect from the beginning of the first pay period commencing on or after 13 February 1989.

The issue of Front End Controllers is adjourned sine die, and may be restored to the list on the early application of any party.

L A Koerbin
PRESIDENT

1 T1681 of 1988