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T2971

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Federated Miscellaneous Workers Union of Australia
Tasmanian Branch

(T.2971 of 1991)

BOARDING SCHOOLS AND STUDENT HOSTELS AWARD

 

COMMISSIONER P A IMLACH

1 October 1991

Award - title, scope and wage rates

REASONS FOR DECISION

This was an application made under Section 23 of the Act by The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the Union) for amendments to be made to the Boarding Schools and Student Hostels Award (the Award). The amendments sought related to the title, scope and wage rates clauses of the Award.

At the initial hearing the Union indicated that it sought to extend the coverage of the Award to independent schools generally, but to exclude those areas or classifications in the jurisdiction of the Catholic Education Agreement (now the Catholic Education Award). This would extend the number of classifications covered by the Award bringing in some covered by the Miscellaneous Workers Award and some not covered by any award. In other words it was proposed that the Award would become an independent schools (non-teaching staff) industry award.

The Union was seeking also the implementation of the second structural efficiency principle (SEP) increase in the Award especially by way of an appropriate career structure.

There were then one or two later hearings at which the Australian Nursing Federation, Tasmanian Branch appeared and the Federated Clerks Union of Australia, Tasmanian Branch sought and was granted intervention and the Union further detailed its proposals. It submitted that by seeking to consolidate the Award and eliminate cross-coverage by the Miscellaneous Workers Award, it was fulfilling the requirements of the current Wage Guidelines.

In the beginning the employers represented by the Tasmanian Confederation of Industries (the Confederation) were opposed to the efforts of the Union to vary the scope of the Award, but after some time and quite a number of inspections, at the latest hearing, the Confederation signified its agreement to a new title and scope for the Award.

At that latest hearing all parties requested the Commission to issue an interim order covering the agreed new title and scope clauses. The parties also sought an adjournment of proceedings so that further negotiations could continue aimed at settling the remainder of the Union's claim. The Union in advising its agreement to this proposal and in view of the further delay in the whole proceedings said it would be seeking the date of that latest hearing (20 September 1991) as the operative date for any award classification structure and wage rates arising out of the future negotiations.

I endorse the agreement between the parties and the Award will be amended as requested to operate from today.

The file will be kept open to allow hearings to resume at the request of one or all of the parties.

I wish to record my appreciation and that of my associate for the cooperation and assistance given to us during the course of the inspections particularly the school Principals and Executive Officers who took time out to escort the inspecting party over the various sites. Such inspections are invaluable in providing background knowledge and understanding of the matters in hand.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
K O'Brien for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
P Bevilacqua for the Tasmanian Catholic Education Employees' Association,
A Grubb and D Fry for the Federated Clerks Union of Australia, Tasmanian Branch.
R Law for the Australian Nursing Federation, Tasmanian Branch.
S Clues, B Fitzgerald and P Targett for the Tasmanian Confederation of Industries.

Dates and place of hearing:
1991.
Hobart:
March 19;
May 28;
July 10, 12.
Launceston:
September 20.