T3160
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Federated Clerks Union of Australia and Tasmanian Television Ltd
38-hour week and structural efficiency principle REASONS FOR DECISION The Federated Clerks Union of Australia, Tasmanian Branch (FCU) sought the assistance of the Commission in respect of an industrial dispute with Tasmanian Television Limited (TVT6) concerning the method of working a 38 hour week and the introduction of structural efficiencies in the work place. When the matter came before the Commission I was informed by Mr Hale for the FCU that TVT6 had refused to agree to the introduction of a 19-day month for the working of the 38-hour week. It was understood by the FCU and the Tasmanian Confederation of Industries (TCI) represented by Mr Abey, that this application could do no more than explain the issue with a view to conciliating the parties, as the outcome of a dispute hearing could not result in a variation of the Broadcasting and Television Award which has application to clerical employees in this matter. The question of the method of working the 38-hour week has now been determined by the Commission in matter T.3160 of 1991. Whilst the determination does not provide for an automatic 19 day month for employees of TVT6 the Commission recommended that the parties review that circumstance towards the end of 1992 (say November/December) to ascertain what if any changes to the method of working the 38-hour week may be able to be made. I would consider the working of a 19-day month by the majority of employees at TVT6 to constitute a significant change in circumstances. It should also be noted that in the proceedings it was indicated that TVT6 would be prepared at this stage to continue to maintain the weekly hours at their current level, i.e. 37 1/2 hours, provided if some make up time is necessary then the 1/2 hour not required to be worked (the difference between 37 1/2 and 38 hours) will be available to the employer. The parties may wish to further consider that proposal. Any outcome may be appended to the award on the basis that it would have specific application to TVT6 only. Alternatively an agreement may be filed with the Commission.
R K Gozzi Appearances: Date and Place of Hearing: |