Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T2014

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T2014 of 1989

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

   
 

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

   
   

COMMISSIONER R.J. WATLING

HOBART, 29 November 1989

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Federated Clerks Union of Australia, Tasmanian Branch

- Mr. K. Illingworth

   

For the Printing and Kindred Industries Union, Tasmanian Branch (intervening)

- Mr. S. Walsh

   
   

For the Tasmanian Confederation of Industries

- Mr M Setori

   

For the Printing and Allied Trades Employers' Federation of Australia, Tasmanian Region

- Mr J Hargrave

   

DATE AND PLACE OF HEARING:

 

8 November 1989 Hobart

 

This application was made by the Federated Clerks Union of Australia, Tasmanian Branch for the purpose of varying the Printers Award to:

(a) reduce the hours of work from 40 to 38;

(b) increase the rates of pay by 4% pursuant to the Restructuring and Efficiency Principle; and

(c) insert a new provision in the award for occupational superannuation

in Division B - Clerks.

All three issues were prosecuted under the Wage Fixation Principles.

In relation to the reduction in hours and the 4% second tier increase, the negotiated offsets agreed to by the parties and presented as variations to the award can be summarised as follows:

1. Annual Leave

(a) Proportionate leave to 12 2/3 hours per completed month of service.

(b) Introduction of multiple broken leave provision.

2. Introduction of Disputes and Grievance Procedure

3. Hours

(a) Multiple methods of implementation.

(b) Review process.

(c) Work up to 10 ordinary hours per day.

(d) Storage of RDO's.

(e) Substitution of RDO's.

4. Overtime

(a) 40 divisor for 12 months.

(b) Requirement for employee to work reasonable overtime.

5. Introduction of Part-Time and Casual Employees provision and. include 40 divisor for 12 months

6. 40 divisor for 12 months for work performed on Saturdays, Sundays and Public Holidays

7. Sick Leave

(a) Notification within one hour.

(b) Accrue sick leave entitlement in the first three months of employment at a rate of 6.33 hours per completed month of service.

(c) No sick leave on an RDO.

8. Introduction of a Terms of Employment provision regulating termination of service

9. Introduction of a Payment of Wages clause regulating frequency and method of payment of unites

10. Introduction of a Meals provision remlatim the length of the meal break and providing flexibility in taking a meal break

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 application.

I endorse the operative date submitted by the parties, that being the first full pay period to commence on or after 1 December 1989.

OCCUPATIONAL SUPERANNUATION:

This application also sought to include occupational superannuation in Division B - Clerks of this award.

The representative for the Tasmanian Confederation of Industries presented an exhibit (TCI1) which reflected an agreed position between the parties for 3% of an employee's ordinary time earnings to be placed in an approved superannuation fund by the employer.

The draft Occupational Superannuation clause submitted by the parties makes provision for the superannuation contributions to be placed in the fund called 'Printing Industry Superannuation Fund (P.I.S.F.)' or 'TASPLAN'.

The agreement conforms with the Wage Fixation Principles, therefore it is my view that the award should be varied to reflect the agreement of the parties in relation to occupational superannuation including the operative date, that being the first full pay period to commence on or after 1 February 1990 and I decide accordingly.

The Order giving effect to the foregoing is attached.

 

R.J. Watling
COMMISSIONER