IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application by the Australian Hairdressers, Wigmakers and Hairworkers Employees' Federation seeks a two-stage adjustment to the Hairdressers Award for the purpose of including a 4% restructuring and efficiency adjustment, to be followed by a reduction in weekly hours from 40 to 38.

It was proposed that the 4% second-tier wage adjustment take effect from the first pay period commencing on or after 4 May 1989. The 38-hour week would then be phased in from the first pay period commencing on or after 12 June 1989.

During proceedings it was announced that although the Federated Clerks' Union was not of itself an applicant, it was none the less supportive of the application and was willing to consent to the catalogue of offsets negotiated by the principal parties. Indeed, Mr Fenton was authorised to represent to FCU during proceedings.

Both Mr Fenton and Mr Sertori indicated that they supported and found acceptable the offsets identified on the day of the hearing. However, both acknowledged that some trade-offs were clearly aligned with either the proposed second-tier wage adjustment and others to the shorter working week. But in order to get a balanced view of the aggregate of the overall package the Commission should view these as a whole and not on a piecemeal basis restricted to either one adjustment or the other.

Moreover, it was pointed out that if approved by the Commission, all the offsets would be in place within a month following the date of operation of the 4%. For that reason, if for not other, it was argued that the totality of the package was reasonable in the circumstances.

I tend to agree with this approach insofar as this award is concerned. That is not to say that in other awards different considerations may or may not apply.

Mr Sertori, in speaking to what became a non-opposed application consequent on some pre-hearing discussions, went on to explain that negotiations for a 38-hour week had in fact been in progress since around 1981. It was only now that the parties were able to consent to the shorter working week and the 4% second-tier adjustment. From the employer's point of view their non opposition was influenced by the measure of the overall parcel of offsets conceded by the unions. He also acknowledged that while not all employers were represented by him, of an estimated 1500 to 2000 employees engaged in the industry in Tasmania, the number employed by his members totalled around 1000. And apart from "backyard operators" who, if not trading illegally certainly did nothing to promote the industry, or maintain industry standards, all reputable employers (whether members or not) had been approached and were made aware of what was being negotiated. Non members could not therefore claim that they were totally unaware of the likely outcome of these proceedings.

After considering what had been put by both Mr Sertori and Mr Fenton I indicated at the conclusion of the hearing that the Commission was satisfied that a genuine attempt had been made to provide real, and not just cosmetic offsets in exchange for a 4% second-tier adjustment along with a phased-in 38-hour week.

I also stated that I would confer with the State Secretary of the Federated Clerks' Union in relation to FCU matters. That discussion took place on 3 May.

Having now satisfied myself that the spirit and intention of the principles has been complied with and that what has been negotiated is not contrary to my perception of the public interest, I intend ratifying the package. Accordingly, and with effect from the first pay period commencing on or after 4 May, the wage rates shall be increased by 4%. When the necessary drafting has been effected in relation to the second-tier adjustment, the award will then be consolidated.

With effect from the first pay period commencing on or after 12 June, the consolidated award will be varied to give effect to a 38-hour week.

Where appropriate, offsets agreed to shall be embodied in each of the relevant instruments to which I have referred.

The reminder of the agreed trade-off package that does not at this stage require an award variation shall, notwithstanding, be identified in a schedule appended to the award. If this is not done, non members of employer organisations and their employees may be unaware of the totality of what has now been agreed.

L A Koerbin
PRESIDENT