TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Federated Clerks Union of Australia,
Tasmanian Branch
(T.2544 of 1990)

Transport Workers' Union of Australia,
Tasmanian Branch
(T.3527 of 1991)

National Union of Workers, Tasmanian Branch
(T.3531 of 1991)

FUEL MERCHANTS AWARD

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

REASONS FOR DECISION

These applications, which were joined at the second hearing, were for the second Structural Efficiency Principle (SEP) 3% increase to be applied to the Fuel Merchants Award (the Award).

Apart from the declared intention of the Federated Clerks Union of Australia, Tasmanian Branch (the FCU) to eventually review the classification scales for clerks' wages in the Award (in consequence of recent changes in Victoria), the following items were agreed for implementation across the whole of the Award:

• removal of any references in the Award to the male gender only;

• changes to the annual leave clause to provide for greater flexibility and for the Commission to become involved in cases of dispute;

• broken leave to be permitted by agreement;

• the 38 hour divisor to be applied in the calculation of the hourly rate for casual employees;

• a new "Enterprise Agreements" clause to be introduced;

• the allowance of $4.90 provided in the "Meal Times" clause to be increased to $5.00;

• an amended Highest Function clause to be inserted in the Award.

The Transport Workers' Union of Australia, Tasmanian Branch (the TWU) supported the submissions of the FCU.

The Tasmanian Confederation of Industries (the Confederation) confirmed its agreement to the proposed amendments to the Award and advised that it was satisfied that they met the requirements for the second SEP increase to be granted.

Because of some delays which were experienced in the hearing of these claims there was disagreement between the parties as to the operative date for the increase. The Confederation sought the date of the second hearing whereas the unions sought the date of the first hearing on the basis that the Confederation had been agreeable to the previous date at that time.

I am satisfied that the parties to the Award have co-operated to review the Award and are in the process of implementing measures to improve efficiency. The Award will be amended to include the changes to conditions and the 3% second SEP increase.

The operative date will be the first full pay period commencing on or after 30 October 1991. I am not prepared to back date the increase to the first day of hearing (as sought by the unions) on the basis that all the requirements for agreement and settlement had not been produced on that date.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
A Grubb for the Federated Clerks Union of Australia, Tasmanian Branch.
B Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
D Strickland for the National Union of Workers, Tasmanian Branch.
S Clues for the Tasmanian Confederation of Industries.

Dates and place of hearing:
1991.
Hobart:
October 23, 30.