TASMANIAN INDUSTRIAL COMMISSION

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

Federated Clerks Union of Australia
Tasmanian Branch
(T.2561 of 1990)

and

Transport Workers' Union of Australia
Tasmanian Branch
(T.2988 of 1991)

PUBLIC VEHICLES 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 made under Section 23 of the Act by the Transport Workers' Union of Australia, Tasmanian Branch (the TWU) and the Federated Clerks Union of Australia, Tasmanian Branch (the FCU) for the second Structural Efficiency Principle (SEP) increase to be applied to the Public Vehicles Award (the Award).

At the hearing the TWU advised that following discussions with the Tasmanian Confederation of Industries (the TCI) and the employers, agreement had been reached. The TWU produced an exhibit1 which set out the proposed award amendments arising out of the matters agreed between the parties in exchange for the second SEP increase. The proposed amendments related only to Divisions A and B of the Award.

The key items agreed between the TWU and the TCI were:

• Increases in wage rates by $7.50 or $12.50 per week appropriate to the amount of increase fixed in the first SEP increase. This included an increase in the minimum wage in accordance with the State Wage Decision.

• Increases in allowances by 3% where appropriate.

• An award modernisation clause.

• A provision for multi-skilling on the basis that any employee so required to work would be in a safe and healthy environment and had been appropriately trained.

• The addition of a training clause.

• A provision allowing specific broken leave to be taken subject to written agreement between the employer and the employee.

• A provision for pro-rata sick leave entitlement only for the first three months of service and for sooner notice of the taking of sick leave.

• Under certain restrictions a provision for the suspension of the mixed functions clause where an employee would be undergoing training in accordance with the new training clause.

• An amendment to the roster clause allowing for less than 48 hours notice of change of a day off and for the employee concerned to elect to take a substitute day off.

The FCU further advised that, in relation to Division C, certain other items had been agreed, they were:

• A further annual leave provision whereby an employer could fix the time for taking leave from twelve months after the leave became due subject to two weeks notice on either side.

• The period of notice for an employer to give an employee to take leave was extended from seven days to fourteen.

• The hours clause was extensively simplified.

• The amount of pro-rata sick leave entitlement accrued in the first three months of service was reduced from 6.66 hours to 6.33 hours.

The Australasian Society of Engineers supported all the proposed amendments.

The TCI advised agreement to the proposals set out in the exhibits and advised in particular that the amendments proposed for Division A of the Award followed the Passenger Vehicles Federal Award. The agreed operative date for the amendments, the first full pay period commencing on or after 18 June 1991, was also confirmed by the TCI.

As indicated at the end of the hearing I endorse the agreement between the parties and the Award will be amended as requested operative from the first full pay period commencing on or after 18 June 1991.

In conformity with the current Wage Guidelines I am satisfied that 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, fulfilling and better paid jobs.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
B Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
H Dowd for the Federated Clerks Union of Australia, Tasmanian Branch.
S Pavlic for the Australasian Society of Engineers, Tasmanian Branch.
S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
March 26;
June 18.

1 Exhibit H1