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T1753

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1753 of 1988

 

IN THE MATTER OF AN APPLICATION BY THE TASMANIAN CONFEDERATION OF INDUSTRIES TO VARY THE MISCELLANEOUS WORKERS AWARD

RE: REVOCATIONS OF VARIATIONS OF CLAUSES 16 & 25 (HOURS OF WORK AND SATURDAY, SUNDAY AND HOLIDAY WORK) IN CASE NO. T.1158 - 4% SECOND TIER INCREASE

 

COMMISSIONER R K GOZZI

 

HOBART, 21 December 1988

REASONS FOR DECISION

APPEARANCES:

For the Federated Miscellaneous
Workers Union of Australia,
Tasmanian Branch

For the Tasmanian Confederation
of Industries

 

 

- Mr K. O'Brien

 

- Mr M. Sertori

DATE AND PLACE OF HEARING:

5 December 1988 Hobart
16 December 1988 Hobart

 

This application by the Tasmanian Confederation of Industries (TCI) seeks the revocation of variations made to clauses 16 and 25, Hours of Work and Saturday, Sunday and Holiday Work respectively of the Miscellaneous Workers Award.

The variations and others, were made in matter T.1158 of 1988 to give effect to the 4 per cent second tier increase and associated costs offsets.

Mr Sertori appearing for the TCI indicated in these current proceedings that variations to the above clauses imposed a cost increase on that segment of the industry subject to the award employing library attendants in video outlets in circumstances where weekend work is required to be undertaken.

Mr O'Brien appearing for the Federated Miscellaneous Workers Union of Australia gave qualified support for the requested variations.

As indicated at the end of the hearing the request of the parties is endorsed. This will return the clauses in question to the form they were in immediately prior to the 4 per cent variations.

I do not intend to canvass the pros and cons of the return to the status quo except to say that the problems identified by the parties in respect of the appropriate rate of payment for hours worked on Saturdays, Sundays and Public Holidays will not disappear as a result of the changes now made to the award.

I encourage the parties to further discuss their differing opinions on this issue with a view to reaching an amicable agreement.

The Commission is anxious to assist in any way it can and will leave it to the parties to make the necessary approaches as they see fit.

The variations now endorsed will operate from the first pay period commencing on or after 11 November 1988.

The order is attached.

 

R. K. Gozzi
COMMISSIONER