T2396
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
REASONS FOR DECISION
The Federated Clerks Union of Australia (Tasmanian Branch) has made application in accordance with Section 23 of the Act for the creation of what it describes as, an "all industries" Tasmanian Clerks Award. Before the matter can proceed the President, in accordance with Section 33, subsections (1)(b) and (2), must declare that the occupation, in this instance that of a clerk, is one in respect of which the Commission has jurisdiction to make an award. As required by Section 33(2), consultation took place with those organisations considered appropriate, initially by way of a formal hearing and subsequently in private discussions at which the Retail Traders Association was an additional participant. At the hearing Mr. Fry outlined his union's constitutional entitlement to cover employees engaged in, as he put it, "the six grades of clerical occupations", being:- Clerk/Clerical Assistant, He claimed that these grades should encompass "all persons engaged in any clerical capacity and/or engaged in the occupations of shorthand writers and typists, and/or on calculating, billing or other machines designed to perform or assist in performing any clerical work whatsoever. Mr. Fry envisaged that the award being sought would not, at least initially, take the place of provisions for clerical employees contained in a number of significant industry awards, nor had he yet negotiated with the employers on the issue. Mr. Clues submitted that the organisations he represented did not oppose the making of a declaration in the manner sought by the Federated Clerks Union, but that they would offer "strenuous opposition" to the making of a Tasmanian Clerks Award. Mr. Knott made known his Association's wish to be involved in any further discussions on the subject. I expressed my concern that the creation of an occupational award for clerks would be contrary to the spirit of the wage fixing principles and likely to delay structural efficiency second adjustment matters. These matters are dealt with in more detail in the decision1 dealing with the making of a Transport Workers General Award. I suggested an alternative which envisaged the making of an award which would be limited in its application to those clerical employees, as defined, who, by virtue of the general application provisions of Section 40 of the Act, currently derive their rates of pay and conditions from the Retail Trades Award. In subsequent discussions the parties involved accepted my proposal, which is similar in style to that which was adopted in the Transport Workers matter. Accordingly, I intend to declare, by notice in the Gazette, that the Commission has jurisdiction to make an award in respect of the occupation of clerk where clerical classifications are not provided for in other awards of this Commission. For the purposes of this declaration the occupation of clerk shall include all persons engaged in any clerical capacity and/or as shorthand writers and typists, and/or to operate calculating, billing or other machines designed to perform or assist in performing any clerical work.
F. D. Westwood | ||||||||||||||||||||||||||||