Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T1064

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T. 1064 of 1987 IN THE MATTER OF AN APPLICATION BY THE SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION TO VARY THE RETAIL TRADES AWARD  (Correction Order)
   
  RE:  OVERTIME
   
DEPUTY PRESIDENT A ROBINSON HOBART, 21 December 1987
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For Shop Distributive & Allied 
Employees Association
Mr P E Targett
   
For Federated Clerks Union Mr D J Fry
   
For Retail Traders Association 
of Tasmania
Mr J G Blackburn
   
For Tasmanian Confederation 
of Industries
Mr K J Brotherson
   
   
DATE AND PLACE OF HEARING  
   
14 December 1987           Hobart  
   
   

The original application was to vary the Retail Traders Award in the following manner:-

(a) No employee shall be required to work in any extended trading hours situation unless he or she so desires.

At the commencement of the hearing the applicant was granted leave by the Commission and the consent of the parties to amend the claim by re-wording it to the following:-

(b) Where an enterprise extends its trading hours pursuant to the Shop Trading Hours Amendment Act (No 2) 1987 an employee of that enterprise may elect not to participate in such extended trading hours.

Whilst the matter was presented as an agreed matter so far as the parties represented were concerned, the Commission initially expressed considerable reservations about even dealing with it because of the potential implications for other awards. On the face of it the application was viewed as cutting across the long established principle that employees may be required to work "reasonable overtime". However, I was assured by the parties that a closer examination of the application and a full understanding of it would show that it carried no such implications.

The Shop Distributive and Allied Employees Association in particular said it was not arguing against the established principle of employees being required to work reasonable overtime. Rather, the present circumstances are unique, of short term duration, and go beyond what are already established levels of overtime.

The Shop Trading Hours Amendment Act (No 2) 1987 will enable shops in the city of Hobart area to open for trade without restriction from 26 December 1987 to 14 January 1988 inclusive.

Currently employees in the prescribed area work overtime on Thursday and Friday evenings as well as Saturday until 12 noon in large retail stores and there is no intention of limiting employers ability to require "reasonable overtime" during those times by virtue of the present award amendment. It is only that in the event of extended trading hours over and beyond the ordinary overtime hours applying presently which is being addressed, and the period concerned is only between 26 December 1987 and 14 January 1988.

DECISION

I am prepared to accede to vary the award in the manner requested in present circumstances for the following reasons:-

(1) It is a consent matter which accommodates the only parties affected.

(2) The amendment does not go to the issue of an employer being able to require employees to work reasonable overtime.

(3) The amendment is to have an exceedingly short life.

(4) The matter is understood and accepted as being concerned only with working hours of employees and not a question of trading hours, which is not an industrial matter under the Industrial Relations Act, 1984.

OPERATIVE DATE

The amendment will apply only from the period commencing on 26 December 1987 and ending on 14 January 1988.

 

A. ROBINSON
DEPUTY PRESIDENT