T4050 and T4051
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Confederation of Industries and Federated Clerks Union of Australia, ESTATE AGENTS AWARD
Award variation - amend various clauses REASONS FOR DECISION In this matter the Federated Clerks Union of Australia, Tasmanian Branch (FCU) and the Tasmanian Confederation of Industries (TCI) made separate applications for the variation of the Estate Agents Award to, in the case of the FCU, delete existing clauses and replace them with new clauses. The TCI application was to vary Clause 31 - Contract of Employment. The applications were joined for hearing purposes. The intention of these applications was to overhaul the award and make it reflective of the needs of the industry whilst reflecting appropriate career and pay arrangements for employees. There have been numerous disputes surrounding retainer and commission arrangements and the parties were anxious to put into place arrangements which would clarify obligations of employers and employees alike. With this objective in mind the parties set about to negotiate on a comprehensive range of award variations. This led to the TCI application being amended, with leave of the Commission, to encompass the outcome of those negotiations. The amendment, Exhibit TCI 1, was a consent document, setting out new arrangements for clerks and for real estate salespersons including real estate sales consultants, auctioneers and real estate sales trainees. The award variations make it clear, among other things, that annual leave and occupational superannuation entitlements are required to be met by the employer. This area has been a source of disputation in the past. It is to be hoped that the clarification on those issues will result in a significant, if not total, reduction of disputed matters in this industry. A further important development is the introduction of training for employees given that the structure is based on skill, competency and responsibility. The entire thrust is to make the industry professional in every respect. There is no doubt in my mind that what the parties have achieved will facilitate the attainment of that objective. The parties are congratulated on achieving such a significant outcome by consent. The proposed variations are in accordance with the Wage Fixing Principles. It was highlighted that the minimum rates adjustment was used to properly align rates of pay and establish appropriate relativities. As indicated to the parties, the variations requested to be made are endorsed. The operative date will be the first pay period to commence on or after 1 July 1993. The order is attached.
R.K. Gozzi Appearances: Date and Place of Hearing: |