TASMANIAN INDUSTRIAL COMMISSION

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

Federated Clerks Union of Australia
Tasmanian Branch
(T2576 of 1990 - incorporating TP48 of 1990)
(T3604 of 1991)

PUBLIC ACCOUNTANTS AWARD

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

REASONS FOR DECISION

The Federated Clerks Union of Australia, Tasmanian Branch (FCU) submitted a package of proposals designed to meet the requirements of the 1989 and August 1990 Wage Fixing Principles in order to access the 3% second structural efficiency adjustment and the 2.5% increase respectively.

The proposals included -

• a new Hours of Work clause which extended the spread of hours and permitted an employee, by agreement with the employer, to work 10 hours on any one day at ordinary rates of pay

• an arrangement to enable the employer and an employee to agree on alternative days to be observed in lieu of certain public holidays

• a new Contract of Employment clause which permits the employer to suspend an employee, without pay, for up to one week as an alternative to dismissal on grounds of misconduct

• Structural Efficiency and Enterprise Agreements clauses, and

• a provision deeming a "year of service" to be 1600 hours actual service in respect of part-time and casual employees,

Agreement was indicated by Mrs. Dowd to an employer proposal to insert annualised salaries in the award when the new classification structure was determined as a consequence of proceedings in the Clerical and Administrative Employees (Private Sector) Award.

Mrs. Dowd submitted that operative dates should be the first full pay period commencing on or after 4 December 1991 for the 3% adjustment, and the first full pay period commencing on or after 1 April 1992 in respect of the 2.5% increase.

For the employers, Mr. Abey confirmed that the proposals put forward by the union, including the operative dates, were agreed and he submitted that the award was now as flexible as possible and met all the criteria demanded by the 1989 and 1990 Principles. Mr. Abey informed the Commission that there was agreement to insert in the award the classification structure determined in relation to the Clerical and Administrative Employees (Private Sector) Award when that occurred. Any minimum rates adjustments flowing from that process would also be adopted.

Mr. Abey noted for the record that the employers held the view that professionally qualified accountants were not subject to this award, a view the union did not accept. In the circumstances he informed the parties and the Commission that an application to make it clear that professionally qualified accountants were not covered by the award would be made soon.

As indicated on transcript, I approve the proposed variations as being in accordance with the Principles; the increases to apply from the dates sought.

The necessary orders are attached. Order No. 3 of 1991 (Consolidated) and Order No. 4 of 1991

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