TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act
s.23 applications to vary an award

Tasmanian Confederation of Industries
(T.2318 of 1990)

Federated Clerks Union of Australia, Tasmanian Branch
(T.2560 of 1991)

Federation of Industrial, Manufacturing and Engineering Employees
Tasmania Branch
(T.2874 of 1991)

National Union of Workers, Tasmanian Branch
(T.3060 of 1991)

Shop Distributive and Allied Employees' Association -
Tasmanian Branch
(T.3071 of 1991)

PRODUCE AWARD

Wage rates - State Wage Case November 1989 - Structural Efficiency Principle - second stage

REASONS FOR DECISION

These applications, which were joined at the outset, were for the application of the second Structural Efficiency Principle (SEP) increase to the Produce Award (the Award).

The Tasmanian Confederation of Industries (the Confederation) made the original application and lead the submissions in support of all the applications and in so doing advised that negotiations to improve the Award had been going on for over two years.

The Confederation produced an exhibit which outlined an extensive list of items agreed under the SEP which may be summarised as follows:

• a 3% increase in the wages specified for all classifications and in all appropriate allowances;

• an improved scope clause including reference to a new definition "produce merchandising". This change was aimed at emphasising the industry-based concept of the scope clause;

• a review of conditions to allow for an improved award structure aimed where possible at removing all divisions within the Award;

• a continuation of discussions aimed at rationalising the number of parties bound to the Award;

• a commencement of a negotiated review of existing classifications, certain allowances and the first aid provision;

• a provision for more flexibility in operating the annual leave clause similar to that introduced into some other awards of the Commission;

• an amendment providing for a common standard casual employees clause in the Award;

• an SEP review of existing practices;

• an amendment providing by agreement for overtime worked on a Sunday or Public Holiday to be taken as time off in lieu;

• an amendment providing for public holiday pay to be withheld where an employee is absent from work without reasonable cause on either the day before or the day after a public holiday or group thereof;

• deletion of the hot water clause;

• amendments providing for the introduction of shift work on any 7 days of the week and for the reduction to one clause of the existing hours of work and 38 hour week clauses;

• an amendment so that payment of a meal allowance or provision of a meal does not apply unless 6 hours is worked immediately prior to the commencement of overtime;

• an amendment whereby provisions for allowances, rest periods and rates of pay for meal periods would be simplified into one clause applying throughout the Award;

• an proposal to replace the mixed functions clause with a higher duties clause once the classification structure is settled;

• an amendment to provide by agreement for overtime to be compensated with time off in lieu at the penalty equivalent;

• an amendment to the settlement of disputes clause to allow greater cooling off time and more time between procedures;

• an amendment to the sick leave clause to provide for pro-rata accrual of the entitlement for new employees;

• the inclusion of an enterprise flexibility clause in the Award.

The Confederation also advised that the parties had agreed to an operative date of the first full pay period commencing on or after 22 August 1991 and sought endorsement of that agreed date.

All the unions party to the Award present at the hearing confirmed agreement to all the items outlined by the Confederation. The Federated Clerks Union of Australia, Tasmanian Branch (the FCU) and the Transport Workers' Union of Australia, Tasmanian Branch both indicated that for the future they were looking by agreement to vacate the Award in preference for their other "general" awards.

The Shop Distributive and Allied Employees' Association - Tasmanian Branch (the SDA) also advised that its agreement to the reduction of the minimum period of engagement in Division B was given on the basis of assisting with an across the board settlement for the Award and was to be without prejudice to this position on similar provisions in others awards (the SDA being a minor party to the Award). The Confederation acknowledged this position.

The Award will be amended as requested from the agreed operative date. I am well satisfied that in the terms of the October 1989 State Wage Case decision the parties to the Award have cooperated positively in a fundamental review of the Award and are implementing measures to improve the efficiency of industry and provide workers with access to more varied and better paid jobs.

P A Imlach
COMMISSIONER

Appearances:
K Illingworth for the Federated Clerks Union of Australia, Tasmanian Branch.
B Hansch for Transport Workers' Union of Australia, Tasmanian Branch.
P Griffin for the Shop Distributive and Allied Employees' Association -Tasmanian Branch.
D Strickland for the National Union of Workers, Tasmanian Branch.
J Long for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
M Sertori for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Launceston:
August 15.