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T1241 and T1599 (1 November - King)

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1241 and T1599 of 1988

IN THE MATTER OF AN APPLICATION BY THE TRANSPORT WORKERS' UNION OF AUSTRALIA AND THE FEDERATED CLERKS UNION OF AUSTRALIA TO VARY THE PUBLIC VEHICLES AWARD

   
 

RE: 4% SECOND TIER, 3% SUPERANNUATION AND REDUCED WORKING HOURS

   

COMMISSIONER J G KING

HOBART, 1 November 1988

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Transport Workers' Union of Australia, Tasmanian Branch

- Mr B Hansch

   

For the Federated Clerks Union of Australia, Tasmanian Branch

- Mr P Noonan

   

For the Australian Workers Union, Tasmanian Branch

- Mr J Butler

   

For the Tasmanian Confederation of Industries

- Mr G Smith and
  Mr W Fitzgerald

   

DATE AND PLACE OF HEARING:

 

12 August 1988 Hobart
5 September 1988 Hobart
27 September 1988 Hobart
4 October 1988 Hobart
13 October 1988 Hobart
24 October 1988 Hobart

 

These applications have been listed for hearing and adjourned on a number of occasions to allow time for further negotiations.

On 24 October 1988 the Federated Clerks Union of Australia, Tasmanian Branch, (F.C.U.) submitted a document (exhibit A) which it maintained could be the basis for an agreement. That agreement, if attained, should result in the payment of the 4% second tier increase and the introduction of a 38 hour week, for its members covered by the Public Vehicles Award, (the Award).

Following debate between the parties, agreement was ultimately reached on a package of "trade-offs" which would, it was submitted, offset the 4% increase, effective from 1 November 1988.

Changes in conditions or work practices are agreed under the following headings:

- Remaining at work stations;

- Time off in lieu of overtime;

- Minimum hours of work - Saturday;

- Lunch break;

- Sick leave;

- Annual leave - broken leave;

- Disputes procedure.

The majority of the above provisions are the same as, or are based on, those determined by a Full Bench of this Commission in the Retail Trades Award, second tier determination1.

I accept the agreement of the parties as sufficient to satisfy the requirements of the Wage Fixation Principles. j

The Award will therefore be varied by increasing wage rates, for all clerical classifications, by 4%, from 1 November 1988.

It is agreed by the parties, that subject to further "tradeoffs" being negotiated, a 38 hour week will commence for clerical employees from 1 February 1989. I am not prepared to vary the Award in relation to working hours until such time as "trade-offs" are agreed and they have been accepted by me as appropriate.

It follows, that. a further hearing will be necessary to finalise this aspect.

On 13 October 1988, Mr Fitzgerald advised the Commission that agreement had not been achieved going to Transport Worker classifications. Along standing nexus with a Federal award prevented agreement at this stage, as the Federal matter was not yet concluded. It was therefore agreed that T.1241 of 1988, be adjourned and re-listed following settlement in the Federal jurisdiction.

An order varying Division C - Clerks of Clause 8 Wage Rates, by increasing all weekly amounts by 4% is attached.

In the light of the obvious drafting difficulties, variations to conditions will be effected when a second tier agreement is finalised with all parties to the Award.

 

A. Robinson
ACTING PRESIDENT

1 T.1165 etc of 1988