TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Federated Clerks Union of Australia
Tasmanian Branch
(T.2543 of 1990)

ESTATE AGENTS AWARD

Structural Efficiency Principle - second stage

REASONS FOR DECISION

In this matter the Federated Clerks Union of Australia, Tasmanian Branch (FCU) sought the variation of the Estate Agents Award to reflect the second structural efficiency adjustment.

As with a number of other structural efficiency matters considered by the Commission as variously constituted, Mrs Dowd appearing for the FCU indicated in respect of the classification structure that this would be pursued at a later date following the conclusion of negotiations with the Tasmanian Confederation of Industries (TCI) on the clerical structure proposed for the Clerical and Administrative Employees (Private Sector) Award.

Mrs Dowd tendered a draft order, Exhibit D1, which set out the structural efficiency initiatives proposed for the award and which I endorsed in the proceedings held on 25 November 1991.

Whilst a number of mechanical changes have been made to the award to make it gender neutral and to generally tidy it up, the principal structural efficiency initiatives relate to the following provisions:

Clause 12 - Contract of Employment
Clause 13 - Enterprise Agreements
Clause 15 - Holiday and Sunday Work
Clause 17 - Hours of Work
Clause 20 - Overtime
Clause 21 - Part-time and Casual Employees
Clause 26 - Structural Efficiency

In addition to the foregoing provisions the parties indicated that they also consented to the inclusion of a provision in the award: Clause 22 Payment of Wages, whereby the employer meets the banking costs of one deposit and one withdrawal per pay period for each employee subject to electronic funds transfer.

This matter has been the subject of a Full Bench decision (T.1328 of 1988) in the public sector where the Bench declined to award recompense for bank costs incurred by employees. This was because electronic funds transfer was a trade off in four per cent second tier negotiations. Had this matter in this case before me not been by consent I would have requested the parties to address me more fully on this issue rather than bringing it to their attention only.

I n all of the circumstances I confirm the operative date of this decision as the first full pay period to commence on or after 25 November 1991.

The order is attached.

R.K. Gozzi
COMMISSIONER

Appearances:
Mr S Clues for the Tasmanian Confederation of Industries
Mrs H Dowd for the Federated Clerks Union of Australia, Tasmanian Branch

Date and place of hearing:
1990:
Hobart
September 4
1991:
Hobart
November 25