T241
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This application, although filed by the Tasmanian Chamber of Industries (T.C.I.), was tantamount to a joint request by the T.C.I. and Federated Clerks Union of Australia (F.C.U.), to clarify sections of the Public Accountants Award by effecting certain drafting changes to the present hours of work and overtime provisions. The proposed changes were not opposed and would, if approved by the Conanission, involve no cost or flow on consequences. The variations sought were: PART II Clause 1 Hours of Work In its present form this clause is somewhat sketchy and does not fully address the question of maximum ordinary daily hours to be worked or duration of daily meal breaks. After some off record discussion it was agreed that the following provision should be substituted for the existing clause. "1. Hours (a) The ordinary hours of work shall be 37 1/2 per week to be worked in continuous periods of not more than 8 hours between 8.30 a.m. and 6.00 p.m., Monday to Friday inclusive; such hours shall be exclusive of meal breaks. "(b) The hours of work prescribed by this clause shall, excepting for a meal break of not less than 45 minutes nor more than 75 minutes, be continuous on each day. Such meal break shall be taken between the hours of 11.30 a.m. and 2.30 p.m. By agreement between the employer and employee, the meal break may be less than 45 minutes but shall not be less than 30 minutes. (c) Except where overtime is worked for a period not exceeding one hour after normal finishing time, no employee shall work for more than 5 hours without a meal break of customary duration." In recording his agreement to the foregoing, Mr. Fry made it clear that his non-opposition to a meal break of not less than 45 minutes (in special circumstances) was occasioned by certain circumstances already extant. His concurrence was also conditioned by Mr. Abey's assurance that the proposed authority for a minimum 30 minute meal break would not be taken as a precedent to be observed elsewhere. I agree with the parties' proposals and note Mr. Fry's qualification along with Mr. Abey's assurance in this regard. The agreed variation will therefore be given effect from the first pay period commencing on or after 27 November 1985. Clause 2 Overtime In this regard it was put to me that the existing overtime structure is somewhat deficient and for that reason has been the subject of disagreement from to time in various establishments. To rectify this situation the parties have agreed to tidy up the present arrangement and include the standard "each day's work shall stand alone" provision commonly found in most Federal and State awards. No opposition was voiced against the proposal which is approved. The appropriate variation giving effect to what was agreed will likewise operate from the beginning of the first pay period commencing on or after 27 November 1985.
L A Koerbin 2 December 1985
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