IN THE TASMANIAN INDUSTRIAL COMMISSION

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

Federated Clerks Union of Australia,
Tasmanian Branch
(T.2549 of 1990)

INSURANCE AWARD

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

REASONS FOR DECISION

This was an application made under Section 23 of the Act by the Federated Clerks Union of Australia, Tasmanian Branch (the Union) for the second Structural Efficiency Principle increase to be applied to the Insurance Award (the Award).

Mr D Fry appeared for the Union and proceeded with the aid of exhibits to prosecute the union's claim. He specified the following items as the Award amendments being sought following Structural Efficiency negotiations and agreement:

• Clause 16 - Holidays with Pay, a redundant provisor was to be removed.

• Clause 17 - Hours, a revised provision for meal breaks was to be introduced including the opportunity to reduce the period to a minimum of 30 minutes, by agreement.

• Clause 26 - Right of Entry of Union Officials was to be deleted and replaced with a similar, but more flexible and mutually acceptable provision.

• A new clause - Settlement of Industrial Disputes was to be included in the Award providing for disputed matters to be referred to the Commission for arbitration if necessary.

• A second new clause - Structural Efficiency and Award Modernisation, was to be inserted including an "enterprise flexibility" provision (otherwise known as "enterprise agreement") similar to some very recently endorsed by the Commission.1

Mr Fry also advised that negotiations would be continuing between the parties for the eventual, agreed introduction of a new career structure in the Award. He produced an exhibit setting out the new structure proposals.2

As to the proposed consultative process Mr Fry produced a further exhibit which outlined the procedures for the conduct of the enterprise consultative committee3: it had not yet been agreed completely.

Finally, Mr Fry confirmed the Union's application for the Structural Efficiency increase and he submitted that the Wage Principles had been satisfied and that the granting of the increase would be in the public interest.

Mr P Noonan, who appeared for the Shop Distributive and Allied Employees' Association, Tasmanian Branch agreed to the application.

Mr T Edwards appeared for the Tasmanian Confederation of Industries and generally supported the Union's submissions. He referred mainly to the subject matter of the on-going discussions about the proposed career structure.

Mr Edwards confirmed the Confederation's consent to the variations proposed for the Award and submitted that acceptance of the agreed items would be in the public interest. He also advised agreement to the date of operation being the first full pay period commencing on or after the day of the hearing, 16 November 1990.

As indicated at the hearing, I endorse the agreement between the parties for the implementation of the second stage Structural Efficiency increase from the agreed operative date. I am satisfied that the parties have co-operated positively in the spirit of the Principle and the granting of the increase is not against the public interest.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
D Fry for the Federated Clerks Union of Australia, Tasmanian Branch.
P Noonan for the Shop Distributive and Allied Employees' Association, Tasmanian Branch.
T Edwards for the Tasmanian Confederation of Industries.

Date and place of hearing:
1990 Hobart November 16.

1 Furnishing Trades Award [P033]
2 Exhibit F3
3 Exhibit F5