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T2088 - 6 October 1989

 

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

T.2088 of 1989

IN THE MATTER OF AN APPLICATION BY THE TASMANIAN CONFEDERATION OF INDUSTRIES TO VARY THE RETAIL TRADES AWARD

 

 

RE: ANNUAL LEAVE AND REST PERIODS FOR NIGHTFILL EMPLOYEES

   

DEPUTY PRESIDENT

HOBART, 6 October 1989

   

REASONS FOR DECISION

   

APPEARANCES:

 

 

For the Tasmanian Confederation
of Industries and
the Retail Traders Association of Tasmania

- Mr T J Abey

   

For the Shop Distributive and
Allied Employees' Association,
Tasmanian Branch and
the Federated Clerks Union of Australia, Tasmanian Branch

- Mr P Targett

   

For the Transport Workers' Union
of Australia,
Tasmanian Branch

- Mr B Hansch

   
 
DATE AND PLACES OF HEARING:

6 October 1989          Hobart

This application concerns two proposals to vary the award.

The first item is as follows:-

"Delete subclause (a) (iv), Clause 25 - Rest Periods and insert in lieu the following:-

(iv) PROVIDED THAT an employer may elect to amalgamate the breaks prescribed in (i) and (ii) above to be taken together thereby giving one ten minute break or may amalgamate both breaks with the meal break prescribed in Clause 17 - Hours of Work, subclause 2(d) thereby giving one break of thirty minutes."

The parties concerned have agreed that this variation could have mutual advantages without altering the fundamental rights of employees concerned to be given an appropriate rest period.

Since it is a matter of consent and enhances flexibility of work the proposal receives my support and the award will be varied accordingly with the effect from the first full pay period to commence on or after 5 October 1989.

The Order in relation to this matter is attached.

The second item was as follows:-

"Insert in subclause (f), Clause 9 - Annual Leave the following:-

PROVIDED THAT where an employee would have received a night fill loading as prescribed in subsection (c), Section D, subclause 1, Clause 8 - Wage Rates had he not been on leave during the relevant period and such loading would have entitled him to a greater amount than the loading of 17.1/2% then the night fill loading shall apply in lieu of the 17.1/2% leave loading."

It was pointed out to the parties that in accordance with Section 35 of the Act "the payment of wages or allowance during annual leave prescribed by ... an award" is a matter which is exercisable by Full Bench and not otherwise.

Accordingly this matter shall be referred back to the President.

 

A Robinson
DEPUTY PRESIDENT