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T3605

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application or award or variation of award

Health Services Union of Australia
Tasmania No. I Branch

(T.3605 of 1991)

WELFARE AND VOLUNTARY AGENCIES AWARD

 

COMMISSIONER R K GOZZI

HOBART, 16 January 1992

Award variation - shop stewards

REASONS FOR DECISION

The Health Services Union of Australia, Tasmania No. 1 Branch (HSUA), informed the Commission that it had reached agreement with the Tasmanian Confederation of Industries (TCI) to include new provisions relating to the rights of shop stewards in the Welfare and Voluntary Agencies Award.

Ms Harvey representing the HSUA indicated that consent was achieved with the TCI on the wording of the new clause, titled "Shop Stewards' Rights", in the course of structural efficiency negotiations.

Essentially the substance of the new clause relates in a very prescriptive way to employers recognising accredited shop stewards and allowing them to attend to "job matters" during working hours and for the shop steward to have reasonable access to necessary office equipment and facilities.

In endorsing this consent variation I express some reservation that a clause of this prescriptive nature should be thought by the parties to be necessary. Employers and employees subject to the Welfare and Voluntary Agencies Award have good industrial relationships and a prescriptive clause of this nature could be a recipe for disputation. As far as I am aware shop stewards have been given appropriate co-operation and support in the workplaces subject to this award.

In the reasonably closed working environment as the workplaces are where the award has application, I am a little concerned that this consent clause may be an "overkill" given the inherent good relations that exist.

I can more readily understand the need for a clause such as the one agreed to by the parties in the Timber Industry where it was drawn from (Federal Timber Industry Award). In that industry operational circumstances and requirements are different including the proximity of shop stewards to the facilities usually made available to them in workplaces such as those subject to this award. However, as indicated to the parties in these proceedings, the award will be varied in the manner requested operative from 13 January 1992.

The order is attached.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Ms R. Harvey for the Hospital Services Union of Australia, Tasmania No. 1 Branch.
Mr W. Fitzgerald for the Tasmanian Confederation of Industries.

Date and place of hearing:
1992
Hobart
January 13