IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application by the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (FMWU) seeks to delete Division A - Employees of Child Care Centres from the Welfare and Voluntary Agencies Award and replace it with a new award, the Child Care and Childrens Services Award.

As the background to this application is fully detailed in my Report on Proceedings and Interim Decision dated 17 November 1987, it is not necessary to repeat it here.

Suffice to say the application by the FMWU endeavours to give expression to the agreement reached between the Hospital Employees Federation and the FMWU at the national level. This agreement relates to the demarcation of certain areas of work which is manifested in this application.

An ongoing concern in these protracted proceedings has been the wording of the proposed scope clause for the new Child Care and Childrens Services Award which in every other respect mirrors Division A of the Welfare and Voluntary Agencies Award (WAVA).

In that regard I accept the assurances of Mr O'Brien that the FMWU is seeking to do no more than continue to cover the areas already subject to Division A of WAVA.

Mr Brotherson appearing for the Tasmanian Confederation of Industries voiced concerns that the scope clause may allow the FMWU to organise in areas not previously subject to the WAVA Award.

Notwithstanding Mr Brotherson consented to the creation of the Child Care and Childrens Services Award.

However the parties are aware that the Commission in making the new award in accordance with the First Awards and Extensions to Existing Awards Wage Fixing Principle requires of them to clarify whether or not the award applies to Neighbourhood Houses where backup child care is provided; Play Centres; After Hours and Vacation Programmes.

It is my understanding that the parties are agreed that the award does not have application to Domestic Homes providing child care.

As a further hearing has been set down on the matters referred to above, this decision will be an interim one.

A final decision will issue when the application or incidence of the award now made, is resolved in respect of the areas which have been identified and around which some differences exist between the parties.

The operative date of the terms of the Child Care and Childrens Services Award will be from the first full pay period to commence on or after 2 June 1989.

As the deletion of Division A from the Welfare and Voluntary Agencies Award is a consequence of the making of the Child Care and Childrens Services Award, that variation will be made operative from the above date.

The order [correction order] is attached.

R.K. Gozzi
COMMISSIONER