Department of Justice

Tasmanian Industrial Commission

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

T704

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T. 704 of 1987

IN THE MATTER OF AN APPLICATION BY THE FEDERATED MISCELLANEOUS WORKERS UNION OF AUSTRALIA (TASMANIAN BRANCH) TO VARY THE LAUNDRYMENS AWARD

   
 

RE: INTRODUCTION OF A 38-HOUR WEEK

   
   

COMMISSIONER R. J. WATLING

HOBART, 5 June 1987

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Federated Miscellaneous
Workers Union of Australia,
Tasmanian Branch

- Mr K. O'Brien
  Mr L. Brown

   

For the Tasmanian Confederation
of Industries

- Mr M. Sertori
  Mr M. Fruin

   

DATE AND PLACE OF HEARING:

 

27 March, 1987 Hobart
07 May, 1987  Hobart
27 May, 1987  Hobart

 
 

On 10 March 1987, the Federated Miscellaneous Workers' Union of Australia (Tasmanian Branch) [F.M.W.U.J made application to have the Commission arbitrate on the claim for a 38-hour working week for employees covered by this award.

The 27 March 1987 was the first day for hearing this matter and I ordered the parties into conference to examine the claim in greater depth with the intention of arriving at agreed offsets.

The hearing was then adjourned until 7 May 1987.

On resumption, the parties requested another adjournment until 27 May, to allow them to further consider the claim.

On 27 May, it was reported to me that the parties had reached agreement for the introduction of a 38-hour week, with an operative date from the first full pay period to commence on or after 1 July 1987.

The parties tendered exhibits showing -

(a) summary of offsets;

(b) the cost of the 38-hour week and the value of the offsets;

(c) the award variations required to reflect the agreement.

It was their submission that the notional cost of introducing the 38-hour week was 6% which was reduced to 0.75% after taking into account the offsets.

The main offsets fall within the following areas

(i) the spread of ordinary hours to be increased to extend from 7 a.m. to 6.30 p.m.

(ii) the divisor for the purpose of calculating overtime to be 40 for a period of 12 months from the operative date of the agreement;

(iii) meal allowance will not apply until the completion of 1 1/2 hours overtime;

(iv) the divisor to be 40 for the purpose of calculating overtime worked on Saturdays, Sundays and public holidays for a period of 12 months from the operative date of the agreement;

(v) the minimum period of engagement for part-timers and casuals may be reduced following agreement between the employer and employees concerned, and the union.

(vi) a provision to enable wages to be paid by cash, cheque or direct deposit into a nominated bank account.

The agreement also allows for -

(i) multiple methods of implementation;

(ii) storage of RDO's to a maximum of 7 per annum;

(iii) RDO's and other rostered time off to be taken on any day of the week;

(iv) substitution of RDO's; and

(v) provision for work on RDO's not taken as time off.

I am satisfied that:

(a) the agreement falls within the Wage Fixation Principles;

(b) a genuine attempt has been made to offset the costs associated with the claim; and

(c) the agreement does not offend the public interest.

For these reasons I am going to vary the award in the manner sought by the parties, including the operative date.

 

R.J. Watling
COMMISSIONER