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Tasmanian Industrial Commission

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T1999

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1999 of 1989

IN THE MATTER OF AN APPLICATION BY THE FEDERATED CLERKS UNION OF AUSTRALIA, TASMANIAN BRANCH, TO VARY THE BARRISTERS & SOLICITORS AWARD

   
  RE: 4% SECOND TIER - 3% SUPERANNUATION - HOURS OF WORK
   
PRESIDENT 9 AUGUST 1989
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For the Federated Clerks' Union of
Australia, Tasmanian Branch
- Mr D. Fry
   
For the Tasmanian Confederation
of Industries
- Mr K. Brotherson
  and later
  Mr T.J. Abey
   
DATE AND PLACE OF HEARING:  
   
29.6.89 Hobart  
02.8.89    
     

On 7 June 1989 the Federated Clerks' Union of Australia, Tasmanian Branch, filed with the Commission an application to vary the Barristers and Solicitors Award. The applicant sought implementation of the 4% second tier State Wage Case adjustment, inclusion of a provision for occupational superannuation, and re-arrangement of the Hours of Work clause.

The matter came on for preliminary hearing on 29 June when the union and the Tasmanian Confederation of Industries requested a brief adjournment to enable further discussion to take place.

Upon resumption on 2 August the Commission was informed that agreement had been reached in relation to the three items subject of the application. This agreement was formalized in documentary form and tendered during proceedings (Exhibit A).

4% second tier wage adjustment:

Mr Fry indicated that although the number of tangible offsets negotiated to justify the 4% wage increase was not great, those found were genuine and would lead to greater efficiency. He cited as an example the broken leave provision which would give both the employee and employer the opportunity to agree to take leave according to individual circumstances.

Further offsets included:

  • Provision for equivalent time off in lieu of paid overtime where agreement is reached between an employer and an employee.

  • Rest periods to be taken at the work station without undue interruption to work flow.

  • Limit on entitlement to sick leave during first three months of employment.

  • Meal money to be paid when employee not notified previous day of necessity to work overtime for more than 1.1/2 hours.

Mr Abey agreed that the cost offsets represented a realistic attempt to reduce the cost of the 4% adjustment as much as possible.

Occupational Superannuation:

The parties agreed to the inclusion of a 3% occupational superannuation provision in the award. The nominated funds into which contributions should be paid were TASPLAN and CARE, or any other Occupational Superannuation Fund that conformed with and was approved by the Occupational Superannuation Commission.

Mr Fry made it clear that the union considered that a 3% adjustment for "occupational superannuation" had been approved of by the Australian Commission. And it was to be applied in the nature of a deferred wage adjustment. It was a new component. Therefore regardless of superannuation funds presently in existence, the 3% occupational superannuation adjustment should be regarded as an additional benefit to each employee.

Hours of work:

Mr Fry submitted that the intention in seeking re-arrangement of the hours of work clause was to make it possible for an employee to build up a credit of time worked. It was proposed that the existing 37 ½ hours be worked over a four week cycle allowing either -

    7 ½ hour day, or
    4 days of 8 hours and one day of 5 ½ hours, or
    19 day month.

Implementation of the above would enable an employee (by agreement with the employer) to take up to 4 days off during the Christmas New Year break. It would give to the employer a discretionary right, and also provide more flexibility for both the employer and employee.

Mr Abey agreed that introduction of the 19-day month could be effectively introduced at no cost and could be a saving.

DECISION:

As indicated at the conclusion of proceedings, it is proposed to ratify the agreement reached between the parties. Therefore subject to Mr Abey submitting a revised version of Exhibit A (incorporating, among other things, an agreed exemption provision applicable to conscientious objectors), the award will be varied in the manner sought.

Although the proposed variations will operate from the first pay commencing on or after 1 August 1989, superannuation contributions will not become due until 1 December 1989.

 

L.A. Koerbin
PRESIDENT