T4429
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited INDEPENDENT SCHOOLS (NON TEACHING STAFF) AWARD
Wage rates - structural efficiency principle - minimum rates adjustment REASONS FOR DECISION This was an application by the Tasmanian Chamber of Commerce and Industry Limited (the Chamber) for amendments to be made to the Independent Schools (Non Teaching Staff) Award. The history behind this application is relevant: · In February 1991 the then Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the FMWU) sought amendments to what was then known as the Boarding Schools and Student Hostels Award (the prior Award). This commenced the Structural Efficiency process for the Award. · A number of amendments were made to the prior Award including a new name, the Independent Schools (Non Teaching Staff) Award (the Award), which name reflected the amended scope of the prior Award. · Finally, early in 1992, the parties returned to the Commission mainly with amendments consistent with the SEP review process. A number of agreed items were put on the table for the Commission's endorsement as well as a number of non-agreed items which the parties sought to have arbitrated by the Commission. · A decision encompassing the agreed and disagreed items was issued on 12 March 1992. · The FMWU appealed against the March 1992 decision relating to some of the disagreed items. The appeal was upheld on the basis that the disagreed items had not been within the subject matter of the applications under which the appeal was carried. · In upholding the appeal the Full Bench quashed all those disagreed items which had not been specified in the original applications. · Presumably in an effort to finalise the disagreed items quashed in the appeal, the Chamber lodged a fresh application with the Commission on 17 August 1992.1 At about the same time, the Federated Clerks Union of Australia, Tasmanian Branch (the FCU) lodged an application seeking to "insert a definition for Grade 5 in Clause 7 - Definitions - Administrative Employee" of the Award.2 The parties, after some hearings and discussions on these applications (which were joined) eventually reached agreement on all outstanding matters and sought to withdraw these applications and replace them with an application (this application) seeking amendments reflecting all the agreed matters. The applications to withdraw were granted. At the hearing of this application the Chamber produced as an exhibit a draft consolidation of the Award (which included all the matters agreed between the parties) and proceeded to outline the proposed amendments to the Commission. In simple terms they were: · Wage rates: the implementation of the agreed minimum rates adjustment (MRA) process in a completed form because of the long delay in settling all SEP changes in the Award. · Definitions: the inclusion of an additional definition for a Grade 5 Administrative Employee. · Part-time employees: an addition to the definition to include employees "engaged to work on a regular basis for less that 52 weeks per year." · Part-time employees: an amendment providing for only school services employees (as defined) to receive an additional 10% in wages. · Casual employees: an amendment providing for school services employees (as defined) to receive a 33 1/3% additional amount of wages in lieu of annual leave, sick leave and public holidays and for administrative employees (as defined) to receive a 20% additional amount of wages in lieu of annual leave, sick leave and public holidays. · The addition of an enterprise flexibility clause to the Award similar to a number of such clauses already specified in some other awards of the Commission. · Compassionate leave: the death of a grandchild was included as grounds for the granting of compassionate leave. There were two provisions in the agreed consolidated award draft which were not acceptable to the Commission and the parties were advised that one would be deleted and the other would be amended; they were: · a preference of employment clause, which will be deleted being specifically excluded as an industrial matter by Section 3 of the Act. · a right of entry clause, which will be amended to read as being subject to the provisions of Section 77 of the Act. The Chamber submitted that the inclusion of the above-mentioned amendments in the draft consolidation of the Award meant that the SEP process and the wage rises involved with that (including the MRA process) had been completed for the Award. The Chamber also advised that, by agreement between the parties, an operative date of the first full pay period to commence on or after 17 June 1993 was sought. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch and the FCU confirmed their agreement to the draft consolidation of the Award and the operative date sought. I accept and endorse the fact that the agreed draft consolidation of the Award (as amended by the Commission) does reflect a culmination of the SEP process and the genuine efforts of the parties in that regard. I am satisfied also that all the amendments proposed are within the Guidelines of the Commission and are not against the public interest. The Award will be amended as requested operative from the first full pay period to commence on or after 17 June 1993. The order is attached.
PA Imlach Appearances: Date and place of hearing: 1 T3927 of 1992
|