TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for awards and variation of awards

Federated Clerks Union of Australia
Tasmanian Branch
(T.3338 of 1991)

CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD

State Wage Case - 2.5% adjustment to wage rates - insertion of new clause

REASONS FOR DECISION

This application seeking the adjustment of wage rates and work related allowances by 2.5% came before the Commission as a consequence of the State Wage Case decision of 13 August 1991.

Mr. Grubb, for the Federated Clerks Union of Australia, Tasmanian Branch, addressed the Structural Efficiency Principle, paragraphs (a) to (g) to indicate that the parties had complied with all the pre-conditions of that Principle required in order to access the 2.5% increase. In support of this submission an exhibit was tendered which, amongst other things, proposed the insertion of a new clause entitled Structural Efficiency which, it was asserted, complied with the requirements of paragraphs (c), (d) and (e). That clause, subsequently amended with the consent of the parties, is as follows:

"STRUCTURAL EFFICIENCY

(a) The parties to this award are committed to co-operating positively to increase the efficiency and productivity of enterprises and to enhance the career opportunities and job security of employees subject to the award.

(b) Consistent with the objectives of subclause (a) herein, employers, employees and the union shall establish consultative mechanisms and procedures appropriate to the size, structure and needs of the enterprise

In acknowledgement of the fact that employees subject to this award are in the minority in particular establishments, regard shall be had for consultative mechanisms which may already be in place and have application to the enterprise as a whole.

(c) An employer may direct an employee to carry out such duties as are within the limits of an employee's skill, competence and training.

This provision shall not deny such an employee any award entitlement which might be applicable for performing work of a higher classification; nor shall the provision enable the employer to pay an employee at a rate lower than the substantive classification for performing work of a lower classification."

The Union sought an operative date of the first full pay period commencing on or after today's date, being the date of hearing.

For the employers, Mr. Abey submitted that the tests required by the Principles had been met and he indicated the employers' consent to the application, to the new clause and to the proposed date of operation.

Given that the Union on 29 August 1991, advised the Commission in writing and in the required form of its commitment to the State Wage Fixing Principles, I am satisfied that the application meets the requirements of the Principles and, as indicated on transcript, the award will be varied in the terms sought, effective from the first full pay period commencing on or after today's date.

The order [correction order] is attached.

F. D. Westwood
PRESIDENT

Appearances:
Mr. A. Grubb for the Federated Clerks Union of Australia, Tasmanian Branch
Mr. T. J. Abey for the Tasmanian Confederation of Industries

Date and place of hearing:
1991
Hobart
10 September