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Tasmanian Industrial Commission

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T1686

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1686 of 1988 IN THE MATTER OF AN APPLICATION BY THE FEDERATED CLERKS UNION OF AUSTRALIA, TASMANIAN BRANCH TO VARY THE BROADCASTING AND TELEVISION AWARD
   
  RE: 4% SECOND TIER AND 3% SUPERANNUATION INCREASE AND A REDUCTION IN WORKING HOURS
   
COMMISSIONER R.K. GOZZI HOBART, 30 November 1988
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For the Federated Clerks
Union of Australia,
Tasmanian Branch
- Mr D Fry
   
For the Tasmanian Confederation of
Industries
- Mr T Abey
   
DATE AND PLACE OF HEARING:  
   
25 November 1988       Hobart  
   

This decision confirms the determination of the Commission as indicated in transcript on 25 November 1988 to increase wage rates in Division A and B, as they relate to 'clerical employees, of the Broadcasting and Television Award, to reflect the 4 per cent second tier adjustment.

The application before the Commission was a consent matter with Mr Abey outlining a number of award and non award offsets said to justify the requested increase.

As with many applications of this kind, i.e. 4 per cent second tier matters, the offsets appear to fall considerably short of the cost of the increase.

Nevertheless the parties urged the Commission to endorse the package put forward and vary the award accordingly.

On the basis that a reasonable attempt appeared to have been made by the parties to find offsets in an award which has very limited application, I advised the parties in the hearing of my preparedness to make the necessary award adjustments.

The agreed offsets are as follows:

(i) Termination of Service to provide for shorter periods of notice by agreement.

(ii) Early notice of sick leave. Where practicable within one hour of commencement of the employee's normal working time.

(iii) In the first three months of employment sick leave accrued to be on the basis of 6.66 hours for each completed month of service.

(iv) Deletion of "Temporary and Part Time Employment" and "Casual Employment" provisions. These to be replaced by "contemporary" casual and part time provisions.

(v) New clause to replace "Travelling Allowance" and "Transport and Transport Allowance".

(vi) Inclusion of a time off in lieu of overtime provision (at the penalty equivalent) by agreement between employer and employee.

The foregoing offsets are to be incorporated into the award. In that regard Mr Abey has agreed to forward to the Commission a draft order.

As requested by the parties all of the variations necessarily made to the award will operate from the first pay period to commence on or after 1 December 1988.

In addition to the offsets already referred to a number of non award matters were also agreed between the parties.

These are as follows:

(i) Payment of Wages by E.F.T.

(ii) Morning and Afternoon tea to be taken at work station without undue interruption to workflow.

(iii) Working through lunch breaks to meet important deadlines. Overtime to be paid where employees are required to work 5 hours without a break for a meal.

(iv) Clerical employees to interchange when required, to maximise flexibility.

(v) Cooperation on the introduction of new technology, including appropriate training of employees.

As well as hearing the parties on the above matters I was requested by Mr Fry and Mr Abey to make a recommendation on whether or not the 4 per cent increase should apply to over award payments made by Tasmanian Television Ltd (the employer).

It appears that the employer makes some over award payments (to approximately fifty per cent of his employees) at variable levels.

In essence Mr Abey expressed the view that the extent of the offsets were such that the increase should only be applied to award rates.

Mr Fry for the Federated Clerks Union was of the opinion that the Commission could, in accordance with the Wage Fixing Principles, make a recommendation on over awards in respect of the applicability or otherwise of the 4 per cent increase.

This aspect of Mr Fry's submission was later clarified. The Wage Fixing Principles do permit the Commission to make recommendations in respect of the adjustment of over awards as set out in the Principle dealing with Wage Adjustments.

This is not the relevant principle in this matter.

Having regard to what has been placed before me in respect of the offsets package and given the current application of over awards by the employer, I recommend that the 4 per cent increase be applied to rates of pay as set out in the award.

 

R.K. Gozzi
COMMISSIONER