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IN THE TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
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| T2042 of 1989 |
IN THE MATTER OF AN APPLICATION BY THE SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION TO VARY THE RETAIL TRADES AWARD |
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RE: MIXED FUNCTIONS |
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| DEPUTY PRESIDENT |
HOBART, 6 October 1989 |
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REASONS FOR DECISION |
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| APPEARANCES: |
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For the Shop Distributive and
Allied Employees' Association -
Tasmanian Branch and
for the Federated Clerks Union
of Australia, Tasmanian Branch |
- Mr P Targett |
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For the Transport Workers' Union
of Australia, Tasmanian Branch |
- Mr B Hansch |
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For the Tasmanian Confederation
of Industries and for the Retail
Traders Association of Tasmania |
- Mr T J Abey |
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| DATE AND PLACE OF HEARING: |
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| 5 October 1989 Hobart |
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This matter concerns an application by the Shop Distributive and Allied Employees' Association - Tasmanian Branch, to vary Clause 19 - Mixed Functions of the Retail Trades Award so as to clarify its intention.
Presently 19(a) provides as follows:
"19. MIXED FUNCTIONS
(A) Other than Clerks
An employee engaged for more than half of one day on duties carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for such day.
An employee engaged for less than half of one day on duties carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for the time so worked, provided that the aggregate time so worked shall exceed 2 hours in any one week. Provided further than this subclause shall not apply to employees engaged in a higher capacity on duties specified in Classifications 2, 3 and 4, Section A, subclause 1, Clause 8 (Wage Rates)."
Classifications 2, 3 and 4 referred to are that of "Senior sales assistant", "Section Manager/Manageress and/or buyer/orderer", and "Manager/Manageress of a shop or branch".
The intention of the parties is that persons appointed as "Assistants" should enjoy the benefits of the clause, but that those appointed to classifications 2, 3 and 4 should not.
It can be assumed from the form of the new proposal that the same concern does not arise in relation to classifications 5 to 8 of Clause 8(a) of Section A.
Given that the matter is designed to simply clarify the award by consent, the application is granted.
OPERATIVE DATE:
From the first full pay period to commence on or after 5 October 1989.
The order giving details of the variation is attached.
A. Robinson
DEPUTY PRESIDENT | 
