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T1831

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1831 of 1989

IN THE MATTER OF A PROCEEDINGS ON THE MOTION BY THE TASMANIAN INDUSTRIAL COMMISSION TO VARY THE MISCELLANEOUS WORKERS AWARD

   
 

RE: 38-HOUR WEEK

   

COMMISSIONER R. K. GOZZI

HOBART, 15 March 1989

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch

- Mr. K. O'Brien

   

For the Tasmanian Confederation of Industries

- Mr. M. Sertori

   

DATE AND PLACE OF HEARING:

 

14 March 1989 Hobart

 

In the decision of the President in T.105 of 1985 making the Miscellaneous Workers Award, the divisor for the computation of the hourly rate for overtime was maintained at 40 in lieu of 38 per week for those employees who were not members of a registered organisation as at 12 April 1986.

In respect of those employers the President decided that the 40 hour divisor would continue

"...until the time notice of the making of this award is gazetted, or until the regulation extending operation of the Insurance Award is rescinded, whichever occurs first."

T.105 of 1985

Decision page 19.

Due to an oversight the award was not varied to reflect that position at the date of gazettal on 9 July 1986; being the first event in terms of the President's decision.

This aspect was brought to the attention of the Registrar by the Secretary for Labour on 2 February 1989.

Subsequently the matter was referred to me by the President for rectification in accordance with Section 24(3) of the Industrial Relations Act.

At the hearing convened by the Commission pursuant to that Section of the Act the parties agreed to the variation of clause 20 - Overtime, subclause (e) to reflect the decision of the President in the original matter.

The order, operative from 9 July 1986, is attached hereto.

 

R.K. Gozzi
COMMISSIONER