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T1865, T1866, T1934, T1956 and T1957

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1865, T.1866, T.1934
T.1956, and T.1957 of 1989

IN THE MATTER OF APPLICATIONS BY THE FEDERATED CLERKS UNION OF AUSTRALIA, SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION AND UNITED SALES REPRESENTATIVES AND COMMERCIAL TRAVELLERS' GUILD OF AUSTRALIATO VARY THE INSURANCE AWARD

   
 

RE: 4% SECOND TIER INCREASE; 38-HOUR WEEK AND 3% SUPERANNUATION

   

COMMISSIONER R K GOZZI

HOBART, 22 June 1989

 

REASONS FOR DECISION

 

APPEARANCES:

 

For the Federated Clerks Union
of Australia, Tasmanian Branch

- Mr D Fry

   

For the Shop Distributive and
Allied Employees' Association,
Tasmanian Branch

- Mr P Fenton

   

For United Sales Representatives
and Commercial Travellers' Guild
of Australia

- Mr P Fenton

 

For the Tasmanian Confederation
of Industries

- Mr T Edwards with
  Mr D Gillam

 

DATE AND PLACE OF HEARING:

 

20 June 1989   Hobart

 

These applications seek the variation of the Insurance Award to reflect the consent agreement of the parties in respect of the 4% .second tier increase; a 38-hour week and 3% superannuation provisions.

Previously industrial agreements have been registered in the Commission which incorporate the offsets now requested to be endorsed in support of the 3% superannuation provision and the 4% wage increase.

The real impact of the variations, which I have agreed to make to the award, is that the Queenstown Medical Union will be subject to superannuation and wage increase provisions; all the other Health Funds, MBF; St Lukes; Montague Medical Union and the APPM Staff Provident Society already provide those benefits in properly executed agreements.

The foregoing does not apply in respect of the 38-hour week which impacts on all employers subject to the award.

However as all of the above employing organisations already have working hours of 38 a week or less, the effect of the variation is that it will impact on the hourly rate for casuals and part-timers. That is the hourly divisor will reduce from 40 to 38 hours a week.

There will also be an effect on penalty rates.

The offsets in support of the 38 hour week and the 4% second tier are comprehensive and reflect what was endorsed in the Retail Trades Award.

It is not necessary to itemise those offsets here, suffice to say that exhibit FCU 1 satisfies me that the parties have diligiently applied themselves to meeting the requirements of the Wage Fixing Principles.

Method of working the 38-hour week in all cases has not been resolved and leave is reserved to the parties on that issue.

With regard to superannuation provisions I will require the parties to specify in the draft order, agreed to be prepared for my consideration by Mr Fry, the funds endorsed by the Commission in the various agreements which lie in the Commission as well as those which are contained in the Common Law Agreement entered into with the APPM Staff Provident Society.

I accept the assurance of Mr Edwards that in respect of the latter, that the fund complies with the appropriate guidelines and that the affected employees fall into the scheme applicable to all other APPM employees who are subject to a federal award.

With regard to Queenstown Medical Union the Commission endorses TASPLAN as the appropriate fund.

The operative date for all variations will be the first pay period to commence on or after 17 July 1989.

The order [Correction Order] will issue in due course.

 

RK Gozzi
COMMISSIONER