T908, T909, T910, T924, T925 and T926
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
These applications concern the redrafting and revamping of existing conditions of employment contained in Divisions C, D and E of the Welfare and Voluntary Agencies Award. The effect is to make the Award more precisely reflective of what is meant by certain provisions by using language generally regarded as standard in awards of this Commission. Additionally some new clauses have been included to, as appropriate, provide uniformity between the above Divisions of the Award. All of the additions have been included by consent between the parties. After carefully examining the documentation provided by Mr Holden as exhibits H1 to H3, I am satisfied that no prejudice will be occasioned against the Wage Fixing Principles as a .consequence of the endorsement of the new clauses requested to be inserted in the Award. For the purpose of this decision some of the clauses approved by me for inclusion in the Award relate to the following matters - Annual Leave - Payment for Period of Leave - Leave Allowed Before Due Date - Continuity of Service - Breakages - Deduction of Union Subscriptions - Shift Workers - clarification of method of payment when major portion of work - Lifting of Trainees or Clients - Maternity Leave Provisions - the inclusion of the entire provisons. - Meal Allowance - Clarification of meal provisions or payment when overtime is worked. - Payment of Wages - waiting time - Protective Clothing - Industrial Safety Health and Welfare Act provisions 1977 - Right of Entry - Safety Appliances - Time and Wages Book - Union Shop Stewards Whilst none of the provisions contained in any of the above clauses cause me any concern, for the reasons already stated, I indicate that had I been required to arbitrate on some of the specific issues my decision may well have been slightly different in some areas. First Aid Allowance This part of the claim did require some further elaboration by the parties as to all intents and purposes a new allowance is being sought. In the circumstances I accept the submissions of the parties that the emphasis in the work place has changed very significantly from when the Award was first made some eight years ago. From my own experience in this area I am aware of some of the changes that have occurred stemming from the programme of "normalisation" as opposed to institutionalisation. This change in emphasis has resulted in clients achieving a great deal more freedom and choice of movement which in turn has created some other work place priorities. One of these quite obviously concerns the provision of appropriate first aid as and when necessary. This changed circumstance can readily be accommodated within the Wage Fixing Principles and accordingly I approve the inclusion in the Award of a First Aid Clause. Conclusion It is obvious that a great deal of time an energy has been spent particularly by Mr Holden in this exercise of further streamlining the Award. The result will be a better Award document with attendant benefits for employees and employers alike. Mr Holden must be commended as must Mr Sertori for the results achieved. As requested by the parties, the operative date for what has now been decided by me will be 1 August, 1988. However, my order giving effect to the variations contained in exhibits H1 to H3 will issue following my decision in the Matters T.1433 and T.1458 going to 4% second tier increases.
R K Gozzi | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||