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T2548 and T3019

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

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

Federated Clerks Union of Australia,
Tasmanian Branch

(T.2548 of 1990)

Tasmanian Confederation of Industries
(T.3019 of 1991)

ICE CREAM MAKERS AWARD

 

COMMISSIONER P A IMLACH

3 June 1991

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

REASONS FOR DECISION

These applications made under Section 23 of the Act and joined at the outset were for the implementation of the second instalment of the Structural Efficiency Principle (SEP) in the Ice Cream Makers Award (the Award). The applicants were the Federated Clerks Union of Australia, Tasmanian Branch (the FCU) and the Tasmanian Confederation of Industries (the Confederation).

Mr M Sertori, who appeared for the Confederation on behalf of the one Company involved, Peters Ice Cream (a division of Petersville Sleigh Australia) produced two exhibits, one being a summary of the agreement supporting the application and the other being a draft award order reflecting that agreement.

Mr Sertori outlined the proposals and the key changes to be brought about by the agreement, which were for:

  • an increase of $12.50 per week for all adult classifications with proportionate increases for juniors where appropriate;

  • certain allowances to be increased by 3% and some changes to conditions applying to meals and the meal allowance;

  • discussions to continue on the development of a new classification structure for employees;

  • a review of the Award scope clause;

  • the introduction of an enterprise agreement clause;

  • a provision in the Award for annual leave to be broken by agreement and a plant close-down by agreement for all employees to take annual leave;

  • the substitution of public holidays by agreement;

  • time off to be taken by agreement in lieu of a penalty payment for work done on a public holiday and for overtime work to be paid for on the basis of a two hour minimum for stock-taking overtime on Saturdays and Sundays;

  • the introduction of an arrangement for the accumulation of rostered days off;

  • payment of wages by electronic funds transfer to be permitted;

  • sick leave entitlement to become due only after one month's continuous employment and single day absences not to apply as sick leave until after six months continuous employment;

  • the introduction of a new clause providing for workplace consultation;

  • allowances to be further reviewed and possibly removed in conjunction with the development of new classification structures.

Mr Sertori sought for the operative date of the amendments and increases in wages to be the first full pay period commencing on or after the date of decision.

Mr K Dando and Mr K Illingworth who appeared for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch and the FCU respectively supported Mr Sertori's submissions (including the operative date) and sought the Commission's endorsement of the agreement in the form of the draft order submitted.

I am satisfied that "the parties to the Award have cooperated positively in a fundamental review of the Award" as envisaged by the current Wage Guidelines1: I am also satisfied that all the requirements for the second SEP increase have been met.

The Award will be amended as sought, operative from the first full pay period commencing on or after 3 June 1991.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
K Illingworth for the Federated Clerks Union of Australia, Tasmanian Branch.
K Dando for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
M Sertori for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Launceston:
May 7.

1 T.2146 et al