IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

These applications made by the Transport Workers' Union of Australia, Tasmanian Branch (T1261 of 1988) and the Australian Workers' Union, Tasmania Branch (T1481 of 1988) sought a 47 second tier increase in wage rates appearing in the Agriculturists Award.

Mr. K. Brotherson, representing the Tasmanian Confederation of Industries, detailed the offsets negotiated in exchange for increases in the award.

These offsets can be summarised as follows:

1. Vary the award to provide for a minimum of 3 hours work at the appropriate rate for the "first" call back, instead of each call back and a two hour minimum hire period for each subsequent call back;

2. Provision for meals to be taken not less than 5 hours after the commencement of work and if employees are required to continue beyond the 5 hours without a break, then they shall be paid at overtime rates until such time as the meal break is taken;

3. Payment for work carrying a higher rate shall not be available to employees until they have worked in that position for 4 hours or more;

4. Payment of Wages at intervals not greater than each fortnight for employees other than casuals;

5. (a) Vary the award to provide for employees to notify the employer of any absence prior to commencement of work, and as far as practicable, state the nature of illness or injury and estimated duration of absence; and

(b) Provide for sick leave to be accrued by the employee on the basis of 6.66 hours for each completed month for the first three months of employment with the employer and the full entitlement to sick leave after that time;

6. Inclusion of a consultative procedure to recognise the ongoing need for development of the industry in terms of work practices and technology;

7. Vary the award to provide for annual leave to be taken within a specified period after accrual and how it (leave) can be broken and under what circumstances.

All parties present at the hearing urged the Commission to endorse the package as they were of the opinion that it was sufficient to warrant a 4% increase in the wage rates appearing in the said award.

Conclusion:

The variations contained in this package are, to say the least, difficult to cost due to the diverse nature of the industry. However, I am satisfied that the package is the best that can be achieved in such a difficult area and a genuine attempt has been made on the part of all concerned to comply with the spirit and intent of the Wage Fixation Principles.

I am going to grant the application and vary the award in the manner sought by the parties as I am satisfied the offsets are sufficient to warrant such a determination.

Operative Date:

It was the submission of the parties that the operative date of the foregoing variations be from the first full pay period to commence on or after 5 September 1988. This I am prepared to endorse and I decide accordingly.

Order:

An order giving effect to this decision is attached.

R.J. Watling
COMMISSIONER