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T1241 and T1935 - 24 January (Robinson)

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1241 of 1988 and
T.1935 of 1989

IN THE MATTER OF AN APPLICATION BY THE TRANSPORT WORKERS' UNION OF AUSTRALIA TO VARY THE PUBLIC VEHICLES AWARD and Correction Order

   
 

RE: 4% WAGE INCREASE AND 38-HOUR WEEK

   

ACTING PRESIDENT

HOBART, 24 January 1990

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Transport Workers' Union of Australia, Tasmanian Branch

- Mr B. Hansch

   

For the Tasmanian Confederation of Industries

- Mr W.J. Fitzgerald

   

DATE AND PLACE OF HEARING:

 

12 August 1988 Hobart
5 September 1988 Hobart
27 September 1988 Hobart
4 October 1988 Hobart
13 October 1988 Hobart
24 October 1988 Hobart
11 October 1989 Hobart
25 October 1989 Hobart

 

Matter T.1935 of 1989 concerns an application by the Transport Workers' Union of Australia, Tasmanian Branch, to vary Clause 16 - Hours of Work, of the Public Vehicles Award to provide for a reduction in ordinary hours of work from 40 to 38 per week.

This application was joined to matter T.1241 of 1988 in which the same organisation sought a 4% "second tier" wage increase.

Both matters were prosecuted in accordance with the strict requirements of the Wage Fixation Principles.

The 4% claim was lodged on 23 March 1988 and was previously part heard before Commissioner Ring.

The parties finally presented an agreed package to the Commission going to the question of revised wage rates, cost offsets, and new award clauses.

Cost offset items in relation to both claims fall under the following subject headings:

1. Increase spread of hours - 1 hour per day.

2. Payment of wages by E.F.T.

3. Sick Leave - notification two (2) hours prior to commencing duty.

4. Reduce Casual Loading from 20% to 10% when working overtime.

5. Increase ratio for Junior Employee by having two (2) juniors for every five (5) adults.

6. Reduction to forty (40) hours notice on rosters.

7. Insert Disputes Procedure in Award.

From a reading of the transcript it is obvious the parties have had regard for the circumstances which gave rise to variations which have occurred in counterpart Federal awards, and that negotiations have been in progress for a considerable time.

I am satisfied that total cost savings achieved are significant and as far as possible permit the claims to be achieved at negligible cost.

It is also my conclusion that to grant both a 4% wage increase and a 38-hour week would not offend public interest criteria, and would be consistent with the requirements of Wage Fixation Principles.

Accordingly both claims are granted.

An order reflecting these variations shall incorporate all of those matters contained in Exhibit TWU(2).

OPERATIVE DATE

Consistent with the agreement of the parties and requirements of the State Wage Case decision the variation shall apply from different dates.

Variations in respect of the 4% wage increase shall have effect from the first pay period to commence on or after 1 November 1989.

Variations in respect to the reduction in ordinary hours to 38 per week shall have effect from the first pay period to commence on or after 1 December 1989.

Order is attached.

 

A. Robinson
ACTING PRESIDENT