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T778

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.778 of 1987 IN THE MATTER OF AN APPLICATION BY THE AUSTRALASIAN SOCIETY OF ENGINEERS AND THE ALLIED ENGINEERING AND IRONWORKERS' ASSOCIATION TO VARY THE AUTOMOTIVE INDUSTRIES AWARD
   
  RE: INSERTION OF A NEW DIVISION
   
COMMISSIONER J.G. KING HOBART, 22 June 1987
   
   

REASONS FOR DECISION

   
APPEARANCES:  
   

For the Australasian Society
of Engineers and the
Allied Engineering and
Ironworkers' Association

- Mr. J. Forster
   
For the Tasmanian Confederation
of Industries on behalf of 
K Mart Tasmania
- Mr. T.J. Abey
  with Mr. J. Clements
   
   
DATE AND PLACE OF HEARING:
   
11 June 1987            Hobart  
   
   

This application seeks to vary the Automotive Industries Award (the Award) by including a new division; Division G Automotive Service Centres Attached to a Retail Store.

A number of specific clauses relating to the new division are detailed, with a General Conditions clause making reference back to Division A of the Award.

In addition to appropriate award coverage for employees working in centres as described above, the application also seeks the introduction of a 38 hour week.

All aspects of the application are agreed with the exception of the date of operation. On this question the Australasian Society of Engineers (A.S.E.) sought 1 February 1987, the date retail employees generally received a 38 hour week. The Tasmanian Confederation of Industries (T.C.I.) however, submitted that 1 July 1987 is an appropriate date, or alternatively a prospective date should the Commission's decision in this matter be released subsequent to 1 July.

Exhibit A.1 details cost offset arrangements agreed between the parties. In explaining the offsets Mr. Abey submitted that they were the same as applied in the retail industry, endorsed by a Full Bench of this Commission in T.564 of 1986.

It was emphasised by the parties that this consent variation had application to automotive service centres, attached to K Mart stores. No other employer would be affected and K Mart employees generally, were enjoying the benefit of a 38 hour week and had done so since 1 February 1987.

If ratified the variation would apply to approximately sixteen (16) employees.

Having heard the submissions of the parties and given appropriate consideration to the Wage Fixing Principles and the public interest provisions of the Industrial Relations Act 1984, I am prepared to vary the Award as requested.

While I understand the submission of the A.S.E. relating to date of operation, I cannot accept it as establishing grounds for awarding retrospectivity in this matter. The granting of a 38 hour week is dependent on a package being negotiated between parties involved. In return for cost offsets (changes in work practices or changes in conditions) the employer agrees to a reduction in working hours. Agreed cost offsets in this matter are not yet in place.

The date of operation of the Award variations and therefore the implementation of a 38 hour week for the employees affected, is the commencement of the first full pay period commencing on or after 22 June 1987. An appropriate order varying the Award is attached.

 

J.G. King
COMMISSIONER