T3013 - 3 June
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Federated Miscellaneous Workers Union of Australia CLEANING AND PROPERTY SERVICES AWARD
Amendment - Hours of Work - Travelling Time Expenses 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) seeking amendments to the Cleaning and Property Services Award. At the hearing, Mr K O'Brien appeared for the Union and made submissions on the three items in the Union's application as follows:
Mr Sertori, in the main, supported the submissions put by the Union and advised agreement to the proposed amendments to the Award. The only significant variation between the submissions of the parties was as to the operative date for the amendment relating to the change of shifts. The Union sought for that part of the amendment to be applied from the first full pay period commencing on or after 21 December 1990 since the need for change was highlighted by an instance of one employer changing a shift and one employee losing an expected penalty payment as a result: retrospectivity would restore the loss as it were. The Confederation opposed the back-dating saying that the Award provision applied at the time and the employer had availed of it on the basis that it was fairly open to him. As the Award provision was properly made and hence the one employer's actions at the time in question were legally correct, I am not prepared to make that particular amendment retrospective. Apart from the one item of disagreement I endorse the matters agreed between the parties: I consider them to be within the current Wage Guidelines. The amendments to the Award will operate from the first full pay period commencing on or after 3 June 1991.
P A Imlach Appearances: Date and place of hearing: |