IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

These applications come before the Commission for the purpose of varying the Rubber Trades Award to

(a) increase rates of pay contained in Divisions A & B of the award by 4% to reflect the second tier increase under the Restructuring and Efficiency Principle;

(b) introduce a 38 hour week in Divisions A & B of the award pursuant to the Standard Hours Principle; and

(c) include a provision in the award to reflect an agreement relating to the payment of superannuation for employees in Divisions A and B.

4% Second Tier Increase and 38 Hour Week:

The negotiated offsets tendered by the parties include the following:

1. Provision in the award for part-time employees.

2. Allow annual leave to be taken in more than one period by agreement between the employer and the employee.

3. Insert a Contract of Employment clause providing for casual employees and with the exception of casuals termination during the first month of employment may be effected on the giving of one day's notice.

4. The divisor for the purpose of calculating overtime shall be 40 for a period of 12 months from the operative date of the agreement.

5. Increase the span of hours by 30 minutes per day.

6. Provision for a meal break after 5 hours to be taken between the hours of 11.00am and 3.00pm.

7. Provision for accumulation of RDO's.

8. Minimum payment for recall.

9. Provision for wages to be paid fortnightly by agreement.

10. Inclusion of a Settlement Of Disputes procedure.

11. Vary the Mixed Functions provision.

12. Vary the Overtime provision to enable employees who work 10 minutes or more past the time fixed for ceasing work to be paid the appropriate overtime for all time worked after the time fixed for ceasing work.

13. Reduce the payment of double time to time and a half where employees are required to work during their ordinary meal break.

14. Vary Sick Leave clause to provide that

(a) an employee shall, as soon as possible and where practicable, inform the employer of his or her inability to attend for work within one hour of the commencement of the employee's normal working day. The employee shall, as far as practicable, state the nature of the illness or injury and the estimated duration of the absence.

(b) an employee shall not be entitled in any year to sick leave in excess of seventy-six hours of ordinary working time. Sick leave to be agreed on the basis of 6.33 hours for each completed calendar month of service.

Having heard the submissions of the parties and after examining the agreed offsets, I have arrived at the conclusion there has been a genuine attempt to comply with the Wage Fixation Principles and the package of offsets does not offend the public interest.

I am going to grant a 4% second tier increase and reduce the ordinary hours of work from 40 to 38 per week in the manner sought by the applications.

I endorse the operative date submitted by the parties, that being the first full pay period to commence on or after 15 July 1989.

Occupational Superannuation:

Applications were made by the Federated Clerks Union of Australia, Tasmanian Branch; the National Union of Storeworkers, Packers, Rubber and Allied Workers' Tasmanian Branch; the United Sales Representatives and Commercial Travellers' Guild of Australia, Tasmanian Branch and the Shop Distributive and Allied Employees' Association - Tasmanian Branch to include occupational superannuation in this award.

The applicant unions presented an exhibit (SDA1) which reflected an agreed position between them and the Tasmanian Confederation of Industries for 3% of an employee's ordinary time earnings to be placed in an approved superannuation fund by the employer.

However, an objection was raised by Mr. Hansch, representing the Transport Workers' Union of Australia, Tasmanian. Branch, who asked the Commission not to apply occupational superannuation to the sole classification of Delivery Serviceman.

He informed the Commission that it was his organisation's intention to cite employers under a Federal superannuation award for the transport industry.

However, this view was opposed, in particular, by Mr. Strickland representing the NUSPRAW who maintained that his organisation had constitutional coverage along with the TWU for Delivery Serviceman and further his application, T1915 of 1989 envisaged superannuation going to the classification in question.

Both unions agreed that:-

1) they had membership in the area of the classification; and

2) they had constitutional coverage of the said employees.

Given this fact, I am required to exercise a discretion between two competing submissions and having carefully considered the submissions on this aspect of the claim, it is my view that the classification of Delivery Serviceman should be granted the 3% superannuation along with all other classifications in this award because:

(a) I do not see there is any requirement on me to abstain from granting superannuation to Delivery Serviceman because an organisation opposing this course of action may, at some time in the future, take the necessary steps to try and 'rope in' employers in this industry under a Federal award which may or may not be successful;

(b) the applicant unions and the TCI were at one with the application and it conforms with the Wage Fixing Principles;

(c) to do other than grant the application would deny this group of employees the benefits of occupational superannuation; and

(d) the draft Occupational Superannuation clause submitted by the parties makes provision for the superannuation contributions to be placed in the fund called 'TASPLAN' or an alternative fund approved by the Commonwealth Operational Standards for Occupational Superannuation Funds.

Therefore it is my view that the award will be varied to reflect the principal agreement of the parties as enunciated in Exhibit SDAI and I decide accordingly.

The operative date for this provision shall be from the first full pay period to commence on or after 1 September 1989.

The 0rder giving effect to the foregoing decisions is attached.

R.J. Watling
COMMISSIONER