TASMANIAN INDUSTRIAL COMMISSION

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

Federated Clerks Union of Australia
Tasmanian Branch
(T2575 of 1990 - incorporating TP47 of 1990)
(T3603 of 1991)

BARRISTERS AND SOLICITORS AWARD

State Wage Case 1989 - structural efficiency adjustment - second instalment - 3% increase. State Wage Case 1990 - 2.5% increase

REASONS FOR DECISION

With these applications the Federated Clerks Union of Australia, Tasmanian Branch (FCU) sought the 3% second instalment available under the Structural Efficiency Principle of the 1989 Wage Fixing Principles, and the 2.5% increase available under the August 1991 Principles.

The proposed variations included:

• arrangements enabling the employer and employee to agree that an alternative day may be observed in lieu of certain public holidays

• a revision of the Hours of Work clause providing for an extension to the spread of ordinary hours

• a provision to enable employees, by agreement, to work up to 10 hours on any day at ordinary time

• a consequential amendment to the Overtime clause

• the insertion of a Contract of Employment clause replacing the Termination of Employment clause and including in the former clause a provision enabling the employer, as an alternative to dismissal for misconduct, to suspend an employee without pay for up to a week

• a Structural Efficiency clause providing for the establishment of consultative mechanisms appropriate to the size, structure and needs of the enterprise to enable positive cooperation towards increasing the efficiency and productivity of the enterprise and to enhance the career opportunities and job security of employees. The provision also enables the employer to direct an employee to carry out duties within the limit of the employee's skill, competence and training.

• an Enterprise Agreement clause, and

• a provision defining the number of hours service required of a casual or part-time employee to achieve a "year of experience".

Mrs. Dowd, for the FCU, submitted that the proposed variations met the requirements of the two sets of principles and requested an operative date of 4 December 1991 for the 3% increase, and 1 April 1992 for the 2.5% increase.

For the employers, Mr. Abey indicated that the package had the consent of the employers, as had the operative dates submitted by the union. Mr. Abey informed the Commission that in the event a new classification structure is incorporated in the award following determination in the Clerical and Administrative Employees (Private Sector) Award, a clause dealing with the concept of annualised salaries would also be put forward.

I consider that the package conforms with the requirements of the Principles and I approve the arrangements. As to operative dates, the award will be varied to take account of the structural efficiency measures, and the 3% increase, with effect from the first full pay period commencing on or after 4 December 1991, and the 2.5% adjustment with effect from the first full pay period commencing on or after 1 April 1992.

The necessary orders are attached.

F. D. Westwood
PRESIDENT

Appearances:
Mrs. H. J. Dowd for the Federated Clerks Union of Australia, Tasmanian Branch
Mr. S. Clues (9.5.90) and Mr. T. J. Abey (4.12.91) for the Tasmanian Confederation of Industries

Dates and Place of Hearing:
Hobart
1990:
May 9
1991:
December 4