T3513
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Federated Miscellaneous Workers Union of Australia, MISCELLANEOUS WORKERS (PUBLIC SECTOR) AWARD
Special Provisions - conditions of employment REASONS FOR DECISION This application was made under Section 23 of the Act by The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the Union) for an amendment to the Miscellaneous Workers (Public Sector) Award (the Award). The application follows a dispute between the Union and the Minister Administering the State Service Act 1984 (the Minister) over the settling of an agreement between the Union and the Department of Education and Training over the conditions of work applying to employees in the Division of Education within the Department of Education and the Arts.1 The amendment to the Award sought in this application could be said to reflect the sum of those matters agreed between the parties during and after the previous dispute. Because the matters agreed related to a special group covered by the Award the parties had decided that it would be appropriate for the agreed items to be prescribed by means of a special appendix to the Award. The key elements in the proposed appendix were:
There were also two attachments to the appendix setting out greater details as to the utilisation of resources, relief and protective clothing. The Commission was advised that no present employee would lose employment nor have his/her hours reduced as a result of the measures proposed. It was submitted to the Commission on behalf of the Minister that it was in the public interest that the amendments sought be granted. The proposed changes were expected to result in a more cost efficient cleaning of the schools. It was further submitted that the Wage Guidelines would not be contravened by the granting of the application, in particular, the new protective clothing allowance was in accordance with the specific Allowance Guideline. I am satisfied that the amendment sought is necessary, advisable and in the public interest. Also, I am not against the agreed form of an appendix. The parties are to be congratulated on reaching the agreement they have and especially on the detail specified in such things as the utilisation of resources and relief. The Award will be amended as sought, operative from the agreed commencement date 1 October 1991. An order is attached.
P A Imlach Appearances: Date and place of hearing: |