IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Application T1982 of 1989 was made by the Federated Clerks Union of Australia, Tasmanian Branch for the purpose of varying the Furnishing Trades Award to -

(a) increase all wage rates contained in Division B - Clerks by 4% pursuant to the Restructuring and Efficiency Principle;

(b) introduce a 38-hour week in Division B - Clerks pursuant to the Standard Hours Principle; and

(c) insert of a provision to reflect an agreement relating to the payment of occupational superannuation for employees in Division B - Clerks.

4% Second Tier Increase and 38-Hour Week

The parties presented a package of negotiated offsets to the Commission and requested the award be varied to reflect the agreement from the first full pay period to commence on or after 29 March 1990 insofar as it relates to the 4% second tier increase and 'from the first full pay period to commence on or after 1 May 1990 for the introduction of the 38-hour week.

The offsets fall within the following headings:

1. Annual Leave

(a) Enable leave to be taken in more than one period.

(b) Deletion of leave loading for part-time employees working less than 20 hours per week.

(c) Provision to take leave after 6 months by mutual agreement.

2. Sick Leave

(a) Notification of sick leave prior to normal commencement of work, as far as practicable, state nature of the illness or injury and estimated duration of absence.

(b) Accrual of sick leave by the employee on the basis of 6.33 hours for each completed month for the first 3 months of employment with the employer.

(c) Deletion of application to a part-time employee working less than 20 hours per week.

3. Payment of Wages

(a) Payment by electronic funds transfer, cheque or cash at the employer's discretion.

(b) Payment to be either weekly or fortnightly by mutual agreement or by giving not less than one months notice of change.

4. Overtime

Time off in lieu of overtime at penalty equivalent.

5. Clothing

Minor repairs to clothing shall be the responsibility of the employee.

6. Estimating Service

Total experience in the service of every employer in the trades or groups of trades shall be taken into account.

7. Hours

(a) Increase the span of hours to 1am - 6pm.

(b) Meal break to be a minimum of 45 minutes and maximum of 60 minutes or 30 minutes by agreement.

(c) Meals to be taken between 11am and 3pm.

8. Rest Period

Not applicable to casuals or part-time employees working less than 4 hours.

9. Tea Money

Not applicable unless employee works at least 6 ordinary hours before commencing overtime.

10. Deletion of Travelling Time clause.

11. Saturday Work

No rest period if time worked is 4 hours or less.

12. Casual/Part-Time Divisor

Casual and part-time divisor for calculating hourly wage rate and overtime to remain at 40 for 6 months.

13. Remain at Work Station

Employees are to remain at their work station for up to 10 minutes after normal finishing time to `finish up' without additional payment.

14. Probationary Employment

Termination of employment on one days notice by either side during the first 2 weeks of employment.

15. 38-Hour Week

(a) Maximum range of options.

(b) No prima facie directive provisions.

(c) Actual method of implementation to be by consultation between employer and employees.

(d) Settlement of Disputes procedure.

(e) Provision to work up to 10 hours per day without overtime.

(f) Mixed functions provision does not apply when employees are absent on an RDO unless banked RDO's in excess of one day are taken.

(g) Substitution of RDO's without penalty payments.

Having examined the agreed package of offsets presented by the parties, I am satisfied that the spirit and intent of the Wage Fixing Principles has been observed.

Whilst it is difficult to accurately cost all of the offsets, nevertheless they are of such a nature as to warrant the award being varied in the manner sought and I decide accordingly.

The operative date for the 4% second tier increase shall be from the first full pay period to commence on or after 29 March 1990. The implementation of the 38-hour week shall be from the first full pay period to commence on or after 1 May 1990.

Superannuation

As stated earlier, part of the FCU's application sought to have a provision placed in the award relating to occupational superannuation for employees falling within the `scope' of Division B - Clerks of the award.

The major aspects of the superannuation provision are as follows:

(a) The employer's contribution to be paid into an approved fund to be equivalent to 3% of ordinary time earnings for all eligible employees ie those who have had 3 months continuous service with an employer.

(b) The operative date to be the first full pay period to commence on or after 1 June 1990.

(c) The approved fund to be "TASPLAN" or alternative funds determined by the Commission on application under an exemption clause.

(d) For eligible casual and part-time employees contributions shall be made where the employee works a minimum of 38 hours in a 4 week period.

I am satisfied that the agreed superannuation package conforms with the Wage Fixing Principles and does not violate the provisions of the Industrial Relations Act 1984.

The inclusion in the award of a provision for occupational superannuation as outlined in Exhibit FCU1 receives the support of the Commission and the agreed operative date from the first full pay period to commence on or after 1 June 1990 is also approved.

Application T2034 of 1989 was made by the Tasmanian Confederation of Industries to vary the Furnishing Trades Award by inserting the following new subclause in Clause 38A - Superannuation Division A.

"(iv) Notwithstanding anything elsewhere contained in this clause an employee who is able to demonstrate to the employer their bona fide membership of the religious fellowship known as Exclusive Brethren shall have the contributions defined in subclause (e)(i) of this clause paid into the fund known as CLS. Superannuation Deed BR1189 being a scheme approved by The Insurance and Superannuation Commission."

I was informed that the provision was to cater for those employees who are part of the religious fellowship known as Exclusive Brethren.

The agreed provision is not dissimilar to that appearing in a number of awards of the Commission and does not offend the Wage Fixing Principles.

The award will be varied in the manner sought by the parties with an operative date from the first full pay period to commence on or after 1 June 1990.

The order giving effect to the foregoing decisions is attached.

RJ Watling
COMMISSIONER