IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Matter T.1599 of 1988 concerns claims by the Federated Clerks Union of Australia (FCU) for:

- a 4%wage increase;

- provision for 3% occupational superannuation; and

- a reduction in standard hours of work from 40 to 38 per week.

And matter T.2160 of 1989 is a claim by the FCU for the award to make provision for "traineeships".

Both matters continued to be joined and heard together, interposed with matters T.1935 of 1989 and T.1241 of 1988 which related to similar claims by the Transport Workers' Union of Australia (TWU).

These files were previously the property of Commissioner King, and have a long and rather complex history.

In his "Reasons for Decision" dated 1 November 1988, Commissioner King granted clerks covered by Division C of the Public Vehicles Award a 4% wage increase from the date of decision, but made no order relating to cost offset matters affecting conditions of employment.

He accepted the agreement of the parties, (including a package of cost offsets) as sufficient to meet the requirements of Wage Fixation Principles in respect of the 4% matter. However he was not prepared to accept the same package as sufficient to also warrant the granting of the 38-hour week claim, and adjourned the matter at that time.

The transcript shows that there followed a series of report-back hearings and private conferences in which very little, if any, progress was made in finalising the list of cost offset items which were on the agenda.

Now the parties have presented to me a revised package of items which the FCU believe satisfies public interest and Wage Fixation Principles and warrant the granting of:

- a reduction in ordinary hours of work from 40 to 38 per week (in addition to the already applying 4% wage increase);

- provisions relating to traineeships; and

- provisions relating to 3% occupational superannuation.

The FCU presented an agreed list of changes to conditions of work and/or work practices under the headings of:

1. Remaining at work stations.

2. The taking of time off in lieu of payment for overtime.

3. Reduced minimum hours of work (or payment) in respect of Saturdays.

4. Changes to lunch intervals.

5. Earlier notification of sickness.

6. More flexible annual leave arrangements.

7. Broken leave.

The majority of the cost offset matters presented to the Commission as presently constituted (Exhibit FCU1) are consistent with those contained in the Retail Trades Award as part of the 4% second tier matter arbitrated by a Full Bench in matter T.1165 of 1988.

However, I am concerned that the most recent FCU exhibit differs with Exhibit "A" put forward as persuasive material to Commissioner King by the same organisation in that certain matters then offered as cost offset matters appear to have been dropped off the list. Those items relate to:

1. Dispute Procedure

2. Part-time Employees

3. Payment of Wages

The Tasmanian Confederation of Industries (TCI) have consented to the granting of a 38-hour week on the basis of offsets contained in Exhibit FCU1, but with rights reserved to present argument in respect of the abovementioned matters at a later time, or alternatively have those items re-presented for ratification as consent matters.

I accept that such a reservation is reasonable.

The Commission notes the considerable length of time which has elapsed already and takes this into consideration, together with the substances of the undisputed agreed matters contained in FCU1; compliance with the requirements of the Wage Fixation Principles, and public interest considerations.

For all of these reasons the FCU claim for a 38-hour week is granted, and the award will be varied accordingly.

The FCU claim related to Traineeships (T.2160) also contained in Exhibit FCU1 is a consent matter, with the TCI reserving its right to contest subsection (G) of Clause 44, concerning "Overtime" at a later time.

The provision has become a standard one in awards of this Commission and is therefore granted in the form presented.

The remaining matter concerns an FCU claim for 3Z occupational superannuation.

Whilst the claim had been lodged there had been no pre-hearing discussions between the parties, and some preliminary argument arose in relation to the failure to have included some provision for casual and part-time workers.

It seemed to me that some brief discussion between the parties could have quickly resolved such a simple issue, given the plethora of arbitrated decisions now available in this regard. However at the end of a conference which I ordered it was agreed that this matter be adjourned to a date to be fixed.

The onus is therefore on the parties to notify the Commission for this matter to be relisted for hearing.

OPERATIVE DATE

Variations to the award going to the question of introduction of a 38-hour week and associated changed conditions of employment, together with traineeship provisions, shall have effect from the beginning of the first pay period to commence on or after 1 February 1990.

Order will follow.

A. Robinson
ACTING PRESIDENT