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T1244, T1518, T1534, T1568, T1711, T1712, T1737 and T1758 - 20 September

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1244, T.1518, T.1534,
T.1568, T.1711, T.1712,
T.1737, T.1758 of 1988

IN THE MATTER OF APPLICATIONS BY THE TRANSPORT WORKERS UNION OF AUSTRALIA, FEDERATED STOREMEN AND PACKERS UNION, FEDERATED CLERKS UNION, FEDERATED ENGINE DRIVERS' AND FIREMEN'S ASSOCIATION, UNITED SALES REPRESENTATIVES AND COMMERCIAL TRAVELLERS' GUILD, SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION AND THE AUSTRALASIAN SOCIETY OF ENGINEERS TO VARY THE PRODUCE AWARD

   
 

RE: 4% SECOND TIER INCREASE AND 38-HOUR WEEK

   
   

DEPUTY PRESIDENT

HOBART, 20 September 1989

   

REASONS FOR DECISION

   

APPEARANCES:

 
   

For the Transport Workers Union of Australia, Tasmanian Branch

- Mr. B. Hansch

   

For the National Union of Storeworkers, Packers, Rubber and Allied Workers, Tasmanian Branch

- Mr D. Strickland

   

For the Federated Engine Drivers' and Firemen's Association of Australia (Tasmanian Branch)

- Ms. D. Moncrief

   

For the Shop Distributive and Allied Employees Association of Australia, Tasmanian Branch and For the United Sales Representatives and Commercial Travellers' Guild of Australia, Tasmanian Branch

- Mr. P. Fenton

   

For the Federated Clerks Union of Australia,
Tasmanian Branch

- Mr. P. Noonan

   

For the Australasian Society of Engineers
Tasmanian Branch

- Mr. J. Forster

   

For the Tasmanian Confederation of Industries and For the Hop Producers' Association of Tasmania

- Mr. M. Sertori

   
   

DATES AND PLACE OF HEARING

   

3 November 1988 Hobart
8 December 1988 Hobart
16 June 1989 Hobart

   

These matters are, I believe, the last of a series concerning proposed variations to different sections of the Produce Award which have been handled by various members of the Commission.

The instant matters concern both Division B - Auctioneers, Travellers and Sellers of Agricultural Machinery and/or Equipment, and Division C - Carters, Drivers and Engine Drivers.

And the applications relate to the proposed granting of a 4% "Second Tier" wage increase and the introduction of a 38-hour week in accordance with the requirements of the Wage Fixation Principles currently applying.

The relevant parties have been engaged in protracted negotiations and have finally been able to present to the Commission a comprehensive package of proposals which have been agreed to by all concerned.

Those proposals cover both detailed cost offsets and draft award variations.

The combined offsets which are relevant to Division B fall under the following headings:

1. Variable method of implementation (38-Hour Week)

2. Storage of RDO's a maximum of 10

3. Inhouse discussion and review

4. Increase - spread of hours

5. 40 Divisor for 12 months for overtime, Saturday, Sunday, public holidays and casual and part-time casuals

6. Payment of wages by EFT, cash or cheque (employer to meet expenses)

7. Sick leave notification reduced

8. Sick leave to accrue at 6.33 for 3 months

9. IntrodUction of part-timers

10. Annual leave broken provision

11. Overtime off at penalty equivalent

12. Disputes and grievance procedure

13. No rest period Saturday mornings

14. Employees to remain at work station for 10 minutes

15. Meal period expanded

And those outlined cost offset items which are relevant to Division C fall under the following headings:

1. Variable methods of implementation of 38-hour week

2. Storage of RDO's to a maximum of 10 per annum

3. In-plant discussions and review

4. RDO's to be taken on any day of the week

5. Increase in spread of hours

6. Meal period provision rationalised

7. Reduction in time for smoke-oh's on overtime

8. Sick leave notification reduced to 1 hour

9. Sick leave for new employee to be at the rate of 6.33 hours per month of service for the first three months of service

10. Annual leave can be taken in multiple periods

11. Insertion of calculation of continuous service provision

12. Introduction of a disputes and grievance procedure

13. Provision to permit shift work to be worked

14. Flexible payment of wages provision

15. On site discussions to identify further efficiency measures of a non-award nature

The items have been negotiated and finally agreed upon after a considerable time lapse, and as I understand it, after the Commission as differently constituted refused earlier to accept that which was proposed.

Those facts, plus evidence that the items now added as cost offset items have been accepted as bona fide in relation to similar claims affecting different divisions of the award, persuade me that to accede to the proposals in each case would be consistent with both the requirements of the Wage Fixation Principles and public interest.

For all of these reasons I grant a 4% wage claim and the introduction of a 38-hour week in Divisions B and C of the Produce Award in the terms of the applications.

OPERATIVE DATE

Consistent with the agreement of the parties the variations to Division B shall have effect from the first full pay period to commence on or after 1 July 1989; and variations to Division C shall apply from the first full pay period to commence on or after 13 July 1989.

The order detailing award variations is attached.

 

A. Robinson
DEPUTY PRESIDENT