IN THE TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
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T.2088 of 1989 |
IN THE MATTER OF AN APPLICATION BY THE TASMANIAN CONFEDERATION OF INDUSTRIES TO VARY THE RETAIL TRADES AWARD
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RE: ANNUAL LEAVE AND REST PERIODS FOR NIGHTFILL EMPLOYEES |
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DEPUTY PRESIDENT |
HOBART, 6 October 1989 |
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REASONS FOR DECISION |
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APPEARANCES:
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For the Tasmanian Confederation of Industries and the Retail Traders Association of Tasmania |
- Mr T J Abey |
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For the Shop Distributive and Allied Employees' Association, Tasmanian Branch and the Federated Clerks Union of Australia, Tasmanian Branch |
- Mr P Targett |
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For the Transport Workers' Union of Australia, Tasmanian Branch |
- Mr B Hansch |
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| 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
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