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T3513

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch

(T.3513 of 1991)

MISCELLANEOUS WORKERS (PUBLIC SECTOR) AWARD

 

COMMISSIONER P A IMLACH

7 November 1991

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:

  • a set term of operation for the appendix - from 1 October 1991 to 30 September 1997.

  • a utilisation of resources provision covering relief, barring indirect employment and allowing for the review of cleaning contracts as they expire.

  • special annual leave provisions.

  • special hours of work provisions relating in particular to rostered days off.

  • detailed guidelines for implementing the provisions of the appendix.

  • a materials and equipment provision setting up a joint committee to prepare a standards catalogue.

  • a protective clothing provision including an annual purchase allowance for the employees.

  • a training and induction provision.

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
COMMISSIONER

Appearances:
K O'Brien for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
C Willingham with T Direen for the Minister Administering the State Service Act 1984.

Date and place of hearing:
1991.
Hobart: October 18

1 T3483 of 1991