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T6786, T6787, T6789 and T6790

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

Australian Municipal, Administrative, Clerical and Services Union

(T6786 of 1997)
BARRISTERS AND SOLICITORS AWARD

(T6787 of 1997)
CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD

(T6789 of 1997)
ESTATE AGENTS AWARD

(T6790 of 1997)
PUBLIC ACCOUNTANTS AWARD

 

COMMISSIONER P A IMLACH

Hobart, 12 March 1997

Award variation - insertion of carer's leave clause - consent matters - applications granted - operative ffpp 7 Mar 97

REASONS FOR DECISION

These applications, which were joined at the outset, were made by the Australian Municipal, Administrative, Clerical and Services Union (the Union) and they sought variations in the following awards (the four awards) to give effect to the Full Bench decision (the decision) in matters T6296 of 1996 and T6441 of 1996:

  • Barristers and Solicitors Award
  • Clerical and Administrative Employees (Private Sector) Award
  • Estate Agents Award
  • Public Accountants Award.

The decision, which was issued after a test case based upon precedents in the Australian Industrial Relations Commission and agreement between all parties as to the proposed draft provisions, granted (in the form of draft model provisions):

  • an entitlement to carer's leave for employees with family responsibilities; and

  • facilitative clauses to enable more flexible work practices in the areas of single day annual leave absences, time off in lieu of overtime, make up time and rostered days off.

For each application the Union produced an agreed amended draft order which included changes to the decision's draft model provisions for the following reasons, which, except for a single minor alteration, applied to a varied extent in each of the applications:

  • provisions for part-time employees consistent with the relevant award's prescriptions;

  • deletion of clauses or paragraphs already adequately provided for in the relevant award; and

  • in the Grievance Process provision, discretionary terminology rather than the prescriptive terminology when a dispute was to be referred to a third party.

The Union submitted that the variations sought were in accordance with the requirements of the decision and hence complied with the Wage Fixing Principles of the Commission and the public interest as indicated in the decision.

The Union requested that the variations be made to take effect from the first full pay period to commence on or after 7 March 1997.

The Tasmanian Chamber of Commerce and Industry (the Chamber) advised the Commission that following discussions with the Union it consented to the applications, the amended draft orders and the requested date of effect. The Chamber said that the variations were in accordance with the decision and offended neither the Wage Fixing Principles of the Commission nor the public interest.

I accept the submissions of the parties and the applications are granted. The four awards will be varied as requested to take effect from the first full pay period to commence on or after 7 March 1997.

Orders will be issued in due course.

 

P A Imlach
COMMISSIONER

Appearances:
Mr I Paterson for Australian Municipal, Administrative, Clerical and Services Union
Mr M Watson, with Miss J Thomas, for Tasmanian Chamber of Commerce and Industry

Date and place of hearing:
1997
March 7
Hobart