IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application by the Federated Clerks Union of Australia, Tasmanian Branch seeks the variation of Division B of the Estate Agents Award in respect of 3 per cent occupational Superannuation.

This division of the award is for Salesmen, Saleswomen and Managers and was not varied for occupational superannuation purposes at the time those provisions were introduced into Division A.

Mr Brotherson and Mr Fry brought this application forward as a consent matter. Mr Brotherson in Exhibit B1 detailed the variation requested to be made; which may be described as machinery alterations to the existing Occupational Superannuation clause already in Division A with appropriate cross referencing to the General Conditions clause in Division B.

The main variation is to include a provision which ensures that employees subject to Division B will receive 3 per cent employer contributions based on the State Minimum Wage or on the "agreed retainer" whichever is the greater.

Whilst I would have preferred for "agreed retainer" to be defined I accept that this is not easily done given the remuneration practices that exist in this industry.

I was told by Mr Fry that the non definition of "agreed retainer" would not cause any problems in the industry or for employees per se.

Accordingly I will accept the assurances of the parties on this aspect of this matter. Nevertheless I will grant leave reserved to either of the parties to seek the inclusion of a definition in the award at any time. This may even be able to be considered on an employer by employer basis in the very unlikely event that any problems arise.

In endorsing the variation requested to be made I also confirm the first pay period to commence on or after 1 February 1990 as the operative date.

Applications for exemption from the nominated "Funds" in the award shall be made no later than 31 January 1990.

Two other matters were raised in these proceedings.

The first concerns the finalisation by the parties of that part of this application going to the method of working shorter hours.

Mr Fry and Mr Brotherson agreed that this matter requires their further attention. Accordingly when the parties have reached their respective final positions on this issue, a fresh application may be made to the Commission for the consideration of what if any award variation(s) should be made.

Secondly, when the parties submitted 4 per cent second tier offsets, also considered earlier in these proceedings, an inadvertent error was made in respect of the calculation of sick leave entitlements in the first three months of employment.

In the circumstances the Commission will include in the Sick Leave clause that accrual of sick leave will be on the basis of 6.25 hours for each completed calendar month in that initial period of employment.

The operative date for that variation will be from the first pay period to commence on or after 1 July 1989, which was the date of operation for the 4 per cent second tier increase.

The respective orders will issue in due course.

R K Gozzi
COMMISSIONER