IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

On 2 November 1988 I issued a decision in T.1260 and T.1598 of 1988, which had the effect of increasing all clerical and transport wage rates contained in the Automotive Industries Award (the Award) by 4%. The date of operation of the variation being the first pay period commencing on or after 1 November 1988.

This decision deals with claims to vary the balance of the wage rates in the Award by 4% and a reduction in working hours from 40 to 38.

Exhibit B details agreed trade-offs, which the Federated Clerks Union of Australia (FCU) and the Tasmanian Confederation of Industries (TCI) submitted satisfy the requirements of the Wage Fixation Principles to allow a 38-hour week for all clerical employees.

Similarly, Exhibit C and D detail an agreement said to satisfy the Principles such as to allow the 4% second tier increase and the 38-hour week for all classifications except clerical and transport.

Exhibit E, contains a list of trade-offs for transport classifications which it was submitted by the TCI would satisfy the claim for a 38-hour week. However, the Transport Workers' Union of Australia (TWU) opposed a part-time provision which is included in the exhibit.

It was submitted by the parties that I should determine this part of the document rather than delay the finalisation of these claims.

A part-time provision is agreed by all other employee organisations bound by the Award. The TCI submitted that I should provide uniform conditions for all on such an important aspect and on that basis alone, I should grant the claim.

Having considered the submissions of the parties on this issue, I decide in favour of the TCI and will therefore include in the Award, for the first time, a part-time provision which has application to all classifications.

The above, identified exhibits, contain in my opinion the results of very detailed and genuine negotiations. I therefore accept that the parties have satisfied the requirements of the Principles and will vary the Award in accordance with the agreement of the parties as qualified above.

I endorse the agreed date of operation for the 4% second tier movement, of the first pay period commencing on or after 7 December 1988.

Various dates were submitted as appropriate for the introduction of the 38-hour week ranging from 7 December 1988 to 15 January 1989.

The parties are well aware of the views of industrial tribunals on the retrospective application of conditions such as reduced hours.

I also share the concern expressed by the TCI that employers find themselves having to implement a 38-hour week with consequent condition changes in the middle of the Christmas holiday period.

The date of operation for the commencement of the 38-hour week will therefore be from the first pay period commencing on or after 9 January 1989.

It was requested during the proceedings in this matter that I convene a drafting conference to finalise the very detailed award variations consequent upon this decision. I endorse the request and a conference will be held at 9.30am on 21 December 1988 at 'Lyndhurst'.

J.G. King
COMMISSIONER