TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Confederation of Industries
(T.3120 of 1991)

The Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch
(T Nos 3240 and 3580 of 1991)

MISCELLANEOUS WORKERS AWARD

Wage rates - State Wage Cases of October 1989 and August 1991 - structural efficiency principle - second stage - 2.5% increase

REASONS FOR DECISION

These applications which were made by The Federated Miscellaneous Workers Union, Tasmanian Branch (the Union) and the Tasmanian Confederation of Industries (the Confederation) were joined: they were for amendments to be made to the Miscellaneous Workers Award (the Award). Matter T3120 of 1991 had been held over previously so that its content (a new contract of employment subclause) could be included in negotiations for the second Structural Efficiency Principle (SEP) increase which was the subject of matter T3240 of 1991. The third application, T3580 of 1991, was for the wage rates and work related allowances in the Award to be increased by 2.5% in accordance with the August 1991 State Wage Case (SWC) decision.

At the final hearing the parties advised the Commission that settlement had been reached and an exhibit was produced which outlined in detail the proposed amendments to the Award reflecting the items agreed.

The parties also advised that whilst a new classification structure for the Award had not been settled negotiations were continuing and when finalised the new structure would be brought to the Commission for inclusion.

The items agreed were:

• the formation of two divisions in the Award, one for video library attendants and the other for the remainder of the classifications covered;

• a broken leave provision;

• a consultative procedures clause;

• a probationary employment provision;

• a provision whereby an employer may direct an employee to carry out certain duties;

• an enterprise flexibility clause;

• a holiday substitution clause including provision for time off in lieu of the penalty payment - all subject to agreement;

• a changed hours of work clause incorporating the 38 hour week provisions plus special provisions for library attendants: this included specific spread of hours provisions for library attendants;

• the sick leave clause was brought in line with that prescribed in the Cleaning and Property Services Award;

• the overtime clause was extended to include (by agreement) a provision for time off in lieu equivalent to the appropriate penalty: the same provisions were also to be applied to weekend and public holiday work.

In the context of the agreed changes to the hours clause the Confederation advised that it would be applying to withdraw its appeal currently before the Commission on that subject.¹ Further in the context of that appeal and the decision which brought it about, the parties advised the Commission it was a part of their agreement that all items in the order arising out of that decision were to be deleted, except for the matter of right of entry and for all the amendments arising out of this hearing to commence from the first full pay period commencing on or after 21 November 1991. This was facilitated by the fact that the operation of the previous decision had been stayed by the appeal application.

A six month review of all the changes proposed was also agreed by the parties.

In confirming its agreement to all the items mentioned the Confederation advised that the amounts specified in the Excess Fares clause had been increased further to include consideration of the relevant Consumer Price Index increases: this was consistent with the current Wage Guidelines and the Cleaning and Property Services Award.

Finally the parties submitted that the August 1991 SWC decision 2.5% increase ought to be included with the proposed amendments on the grounds that all the requirements of that decision had been met. The parties further submitted that the operative date for this final amendment should be the same as all the others, that is the first full pay period commencing on or after 21 November 1991.

On the basis that complete agreement on the applications had been reached between the parties and all the requirements under the Wage Guidelines for the SEP increase and the August 1991 SWC decision increase had been met I indicated at the end of the hearing that the agreement would be endorsed operative from the agreed date: all of this was subject to the Confederation's application for the withdrawal of its appeal in matter T3174 of 1991 receiving the Full Bench's approval.

The Award will be amended so that:

1. All the amendments to the Award intended to be made in the decision in matter T2820 of 1990 will be rescinded, except as to that part dealing with right of entry, operative from 19 June 1991.

2. All the amendments agreed and endorsed in these matters will be implemented operative from the first full pay period commencing on or after 21 November 1991.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
K O'Brien and P Shelley for the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
S Clues and M Sertori for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
August 20;
November 21;

1 T3174 of 1991