TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 applications to vary an award

Australian Municipal, Administrative, Clerical and Services Union
(T.4409 of 1993)

Federation of Industrial, Manufacturing and Engineering Employees,
Tasmania Branch
(T.4399 of 1993)

OPTICAL INDUSTRIES AWARD

Wage Rates - minimum rates adjustment principle - 1st increase

REASONS FOR DECISION

These applications commenced before Commissioner Imlach in June 1993 when it was indicated that the parties needed more time to reach a position of consent. Due to unforeseen circumstances the matters came before me on 27 September 1993.

Both applications sought the first minimum rates adjustment increase available under the State Wage Fixing Principles and the Australian Municipal, Administrative, Clerical and Services Union application sought the insertion of a new classification structure for clerical and administrative employees.

An exhibit TCCI 1 was tendered by Mr Clues for the Tasmanian Chamber of Commerce and Industry Limited (the TCCI) setting out proposed variations to the award which were said to have the consent of the parties.

The variations included:

(1) the removal of the definitions of "eligible employee" and "ordinary time earnings" which related only to superannuation matters from Clause 7 - Definitions and the insertion of clearer definitions in Clause 21 - Occupational Superannuation.

(2) the insertion of a new clause to reflect an agreed reduction in penalty rates for Saturday Work for employees engaged in Retail Services as defined. Between the hours of 7.00 am and 6.30 pm the penalty is to be reduced from 50% and 100% so that it will be 35% for the first two hours and 85% thereafter. A further reduction to 25% and 75% respectively was mooted. The current loadings of 100% for Sunday work and 150% for holiday work were retained. Consequential amendments to the existing Saturday Sunday and Holiday Work clause were proposed.

(3) the introduction of a more flexible arrangement for employers and employees in relation to the taking of time off in lieu of payment for overtime.

(4) a conversion to hours of the annual sick leave credit to which an employee is entitled.

(5) the insertion of new classification standards for clerical and administrative employees engaged in the industry which were said to conform with the general standard applying to such employees, with special refinements developed to accommodate the needs of the optical industry.

(6) the insertion of a new Wage Rates clause to reflect the first minimum rates adjustment increase for Optical Workers and Clerical and Administrative employees. The proposal fixed relativities based on the classifications of Optical Tradesperson at Grade 1 and Clerk Grade 3 after 12 months at the 100% level of $417.20 per week. The rates were to be achieved after four minimum rates adjustments to occur, on application, at 9 monthly intervals as set out in the TCCI exhibit.

Mr Clues submitted that the proposed amendments, which introduced additional flexibilities into the workplace and established an appropriate classification structure for clerks, were in accordance with the Wage Fixing Principles and were not contrary to the public interest requirements as contained in Section 36 of the Act. An operative date of 27 September 1993 was sought.

Both Mrs Dowd and Mr Long representing the Australian Municipal, Administrative, Clerical and Services Union and the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch respectively supported the employer's submissions and requested the same operative date.

As I indicated during the hearing I was satisfied that the proposed variations met the necessary tests to be applied by the Commission and subject to some minor clarification to the definition of the term "eligible employee" I indicated that the consent variations would be approved with effect from the first full pay period to commence on or after 27 September 1993.

That decision is now confirmed and the appropriate order is attached.

F.D. Westwood
PRESIDENT

Appearances:
H Dowd for the Australian Municipal, Administrative, Clerical and Services Union.
J Long for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
S Clues for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1993
Hobart
June 7
September 27