TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch
(T Nos 4063 and 4141 of 1992)

CLEANING AND PROPERTY SERVICES AWARD

Award variation - minimum rates adjustment - hours of work

REASONS FOR DECISION

These applications which were joined at the commencement of proceedings, were made by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch (the Union) and they sought for amendments to be made to the Cleaning and Property Services Award (the Award).

In particular, the amendments sought:

(a) (in T.4063 of 1992) the introduction of a 30% premium to be paid when night shifts do not rotate or alternate together with a general revision of the relevant subclause of Clause 17 - Hours of Work of the Award; and

(b) (in T.4141 of 1992) the introduction of the fifth minimum rate adjustment (MRA) in accordance with the original agreement between the parties to the Award on that subject.1

The Union, in its submissions in support of the applications advised that there had been a greater incidence of late-night contract cleaning in recent times and the provisions sought covering the premium for nonrotating shifts reflected that situation.

The Union sought for the amendment to the hours of work clause to operate from the first full pay period commencing on or after 12 January 1993 and for the fifth MRA to commence from the first full pay period to commence on or after 5 February 1993, exactly six months after the start of the fourth MRA, as required.

The Tasmanian Confederation of Industries (the Confederation) advised its consent to both applications and the respective operative dates. The Confederation said that both items did not conflict with the Commission's Guidelines and were not against the public interest.

I accept the submissions of the parties and endorse the two applications operative from the dates indicated. I agree that the introduction of the 30% shift premium for non-rotating or alternating night shifts does not offend the Guidelines of the Commission as to new conditions of work in that the incidence (and therefore the cost) is not great in this area and the standard has been well established in many other areas. For the same reasons the granting of the applications is not against the public interest.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
D Adams for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
T Edwards for the Tasmanian Confederation of Industries.

Date and place of hearing:
1993.
Hobart:
January 12.

1 T.2851 of 1990