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T1249 and T1482

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

T1249 and T1482 of 1988

IN THE MATTER OF APPLICATIONS BY THE TRANSPORT WORKERS' UNION OF AUSTRALIA, TASMANIAN BRANCH AND THE AUSTRALIAN WORKERS' UNION, TASMANIA BRANCH RESPECTIVELY TO VARY THE HORTICULTURISTS AWARD

   
 

RE: 4% SECOND TIER INCREASE

   

COMMISSIONER R. J. WATLING

HOBART, 26 September 1988

 

REASONS FOR DECISION

 

APPEARANCES:

 

For the Transport Workers' Union
Australia, Tasmanian Branch

- Mr. J. Lynch (T1249 2.6.88)
- Mr. B. Hansch (T1249 &
  T1482 15.9.88)

   

For the Australian Workers' Union,
Tasmania Branch

- Mr. J. Devlin (T1249 2.6.88)
- Mr. D. Hanlon (T1249 4.7.88),
  (T1249 & T1482 15.9.88)

   

For the Tasmanian Confederation
of Industries 

- Mr. T. Edwards (T1249 2.6.88
  & 4.7.88) (T1249 & T1482
  15.9.88)

 

For the TFGA Industrial Association

- Mr. T. Edwards (T1249 2.6.88)
- Mr. K. Rice (T1249 4.7.88)
  (T1249 & T1482 15.9.88)

 

DATE AND PLACE OF HEARING:

 

2 June 1988

Hobart (For Mention Only)

4 July 1988

Hobart

15 September 1988

Hobart

   

These two applications were made by the Transport Workers' Union of Australia, Tasmanian Branch and the Australian Workers' Union, Tasmania Branch for the purpose of varying all wage rates contained in the Horticulturists award by 4% pursuant to the Restructuring and Efficiency Principle.

The parties to the hearing presented an agreed position on:

(a) the quantum of the increase;

(b) the negotiated offsets; and

(c) the operative date of the increase and award variations.

A summary of the offsets agreed to by the parties is as follows:

1. Make provision in the award to enable weekly and casual employees to be paid piece-work rates for picking some fruits.

2. Allow annual leave to be taken in more than one period by agreement between the employer and the employee.

3. Amend Clause 21 - Hours in the award to provide that, by agreement between the employer and the employee, ordinary hours may be worked up to 10 hours per day and where such agreement has been reached, it shall be reduced to writing. However, in no circumstances shall the ordinary hours exceed 40 per week.

4. In view of 3. above, consequential amendments be made to the Overtime provision.

5. Replacement of protective clothing to be on a -wear and tear" basis as opposed to the regular replacement.

6. Vary the Sick Leave clause to provide that -

    (a) an employee shall, wherever possible, inform the employer of his or her inability to attend for work prior to the commencement of such absence. The employee shall, as far as may be practicable, state the nature of the illness or injury and the estimated duration of the absence; and

    (b) sick leave to be agreed on the basis of 6.66 hours for each completed month of service with the employer for the first 3 months' of employment and thereafter the full entitlement.

Having heard the submissions of the parties and after examining the agreed offsets, I have arrived at the conclusion there has been a genuine attempt to comply with the Wage Fixation Principles.

I believe the offsets are of such a nature that the award should be varied not only to increase the wage rates contained therein by 4% but also the conditions of employment that form part of the package negotiated by the parties.

The offsets, if implemented in a proper manner, would provide savings to the employer.

Operative Date:

I am pleased to say that the parties have arrived at an agreed operative date for all variations to the award, that being the first full pay period to commence on or after 31 October 1988.

I endorse this proposal and the award will be varied from the agreed date.

Order:

An order giving effect to this decision is attached.

 

RJ Watling
COMMISSIONER