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T1236, T1237, T1603, T1898, T1899, T1911, T1954, T1955, T1991 and T2010

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T1236, 1237 and 1603 of
1988, 1898, 1899, 1911,
1954, 1955, 1991 &
2010 of 1989
IN THE MATTER OF APPLICATIONS BY THE ELECTRICAL TRADES UNION OF & AUSTRALIA, TASMANIAN BRANCH; THE UNITED SALES REPRESENTATIVES AND COMMERCIAL TRAVELLERS' GUILD OF AUSTRALIA, TASMANIAN BRANCH; THE SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION - TASMANIAN BRANCH; THE FEDERATED CLERKS UNION OF AUSTRALIA, TASMANIAN BRANCH AND THE NATIONAL UNION OF STOREWORKERS, PACKERS, RUBBER AND ALLIED WORKERS' TASMANIAN BRANCH TO VARY THE ELECTRICAL ENGINEERS AWARD
   
  RE: FARES AND TRAVELLING; 3% SUPERANNUATION; 4% SECOND TIER AND 38 HOUR WEEK
   
COMMISSIONER R.J. WATLING HOBART, 26 June 1989
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For the Electrical Trades Union
of Australia, Tasmanian Branch
- Mr. A. Sierink
   
For the United Sales Representatives
and Commercial Travellers' Guild
of Australia, Tasmanian Branch
- Mr. P. Fenton
- Mr. P. Targett
   
For the Shop Distributive and Allied
Employees' Association - Tasmanian
Branch
- Mr. P. Fenton
- Mr. P. Targett
   
For the Federated Clerks Union of
Australia, Tasmanian Branch
- Mr. P. Fenton
- Mr. P. Targett
   
For the National Union of Storeworkers, Packers, Rubber and Allied Workers'
Tasmanian Branch
- Mr. D. Strickland
   
For The Electrical Contractors'
Association of Tasmania
- Mr. I. Malcolm with
  Mr. M. Shepperd
   
For the Tasmanian Confederation
of Industries
- Mr. G. Smith
   
DATE AND PLACE OF HEARING:  
   
13 June 1989 Hobart
23 June 1989 Hobart
 
   

Applications T1236 and 1237 of 1988 made by the Electrical Trades Union of Australia, Tasmanian Branch for the purpose of inserting Superannuation and Fares and Travelling in Division A of the Electrical Engineers Award were, at the request of the applicant, adjourned sine die.

All other applications before me sought to vary the Electrical Engineers Award to -

(a) increase the rates of pay contained in Divisions B, C and D of the award by 4% pursuant to the Restructuring and Efficiency Principle;

(b) reduce the ordinary hours of work from 40 to 38 for employees falling within the 'Scope' of Divisions C and D of the award in accordance with the Wage Fixing Principles; and

(c) insert a provision for occupational superannuation in Divisions B, C and D of the award.

The parties presented a negotiated package of offsets as required by the Principles on items (a) and (b) of the application and an agreed position on the question of superannuation.

The main offsets submitted in respect of the 4% second tier and reduction in ordinary hours can be summarised as follows:

1. Provision for a full range of options for the implementation of the 38 hour week.

2. Where initiated by the employee, time off may be taken in lieu of overtime at the penalty equivalent.

3. The lunch period be extended from 11.30am - 2.30pm to 11.OOam - 3.00 pm with a minimum of 30 minutes lunch break and a maximum of 60 minutes.

4. New employees to accrue sick leave at the rate of 6.33 hours per month for the first three months and notify the employer within one hour where practicable of their non attendance at work.

5. Annual leave may be broken to enable multiple methods of application.

6. Delete the Travelling Time clause from the award.

7. Provision for wages to be paid fortnightly by cash, cheque or electronic funds transfer.

8. Tea money not to become applicable until the employee has worked at least six hours ordinary time and where one and a half hours overtime is worked they shall receive an adequate meal or be paid tea money.

9. The minimum engagement period for work on Saturdays to be two hours with no rest period on Saturday morning within the minimum engagement period.

10. For the purpose of calculating the rates for casuals, part-timers and overtime the divisor shall remain at 40 for a period of 12 months.

11. Delete annual leave loading for part-time employees who work less than 20 hours per week.

12. Introduce a disputes and grievance procedure.

13. Make provision for notice for termination in the first fortnight of employment to be one day.

14. Amend the span of ordinary hours.

15. Amend the Mixed Functions provision in Division B.

I am of the opinion that the previously-mentioned offsets represent a genuine attempt by the parties to comply with the Wage Fixing Principles. Therefore the award will be varied to:

(a) include, where appropriate, the negotiated offsets;

(b) increase the wage rates in Divisions B, C and D by 47; and

(c) reduce the ordinary hours of work for employees in Divisions C and D from 40 to 38

and I decide accordingly.

The operative date for this part of the claim shall be from the first full pay period to commence on or after 15 July 1989 and I will leave it to the parties to draw the necessary draft orders giving effect to this decision. Order

SUPERANNUATION:

With regard to the superannuation provision, Mr. Smith representing the Tasmanian Confederation of Industries tendered an exhibit (S1) in the form of a draft order which was supported by parties to the award.

The exhibit provided for an amount of money equivalent to 3% of ordinary time earnings to be placed by the employer on behalf of all eligible employees into a superannuation fund approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.

The agreement complies with the Wage Fixing Principles therefore it receives my support and the award will be varied accordingly.

The Order giving effect to this part of the decision is attached and will be operative from the first full pay period to commence on or after 1 September 1989.

 

R. J. Watling
COMMISSIONER