T1166

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984


T.1166 of 1988	IN THE MATTER OF AN APPLICATION BY THE SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION TO VARY THE CHEMISTS AWARD RE: 38 HOUR WEEK

DEPUTY PRESIDENT	HOBART, 28 September 1988

REASONS FOR DECISION

APPEARANCES:

For the Shop Distributive & Allied Employees Association, Tasmanian Branch and Federated Clerks Union of Australia, Tasmanian Branch	- Mr. P. E. Targett with Mr. P. Griffin

For the Federated Clerks Union of Australia Tasmanian Branch	- Mr. P. Griffin

For the Transport Workers' Union of Australia, Tasmanian Branch	- Mr. B. Hansch

For the Tasmanian Confederation of Industries	- Mr. K. Brotherson

For the Pharmacy Guild of Australia Tasmanian Branch	- Mr. R. Tapping

DATE AND PLACE OF HEARING:

24 February 1988 Hobart 22 September 1988 Hobart

The present application is to vary the Chemists Award in such a way as to accommodate a reduction in ordinary hours of work for clerks and shop assistants from 40 to 38 hours per week, consistent with the requirements of the Wage Fixation Principles of this Commission1.

When the matter was first before the Commission on 24 February 1988, the parties were not in a position to indicate that a mutual agreement had been finalised. However, that situation did not apply when a report was made subsequently, and the parties put forward details of a consent package on 22 September 1988.

The package incorporated necessary award changes (including the method of implementation), together with cost offset items sufficient to justify the reduction in hours.

Cost offsets included:

(a) Reduction in the minimum payment for Saturday work from 3 hours to 2.

(b) Tea money to be paid after six consecutive hours of work in lieu of after 1 1/2 hours overtime.

(d) An increased span or ordinary hours from 8.00am to 6.00pm Monday to Friday to 7.00am to 6.00pm on these days.

(e) The divisor for the purpose of calculating casual rates, part-time rates and overtime rates to remain at 40 for 12 months from the date of operation.

(f) Penalty rates for casuals to be applied to the unloaded rate.

The above cost saving items were estimated to be worth 2½% per annum.

I am satisfied as to the genuineness of the agreement presented and find that the details presented are consistent with the requirements of Section 36, (public interest) and the Wage Fixation Principles. Accordingly the application to vary the award in the manner sought is granted.

Consistent with the agreed position of the parties the award variations will apply on and from 1 November 1988.

Order is attached.

A. Robinson
DEPUTY PRESIDENT

1 T. Nos.1524 and 1525 of 1988

This page was last modified on 28th August 2006.