T3567
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Federated Clerks Union of Australia, CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD
Wage rates - State Wage Case August 1991 - Structural Efficiency Principle - classification structure - minimum rates adjustment REASONS FOR DECISION This application for a new classification structure and the commencement of a minimum rates adjustment process marks the completion of a long period of discussion and negotiations between the parties. The Federated Clerks Union of Australia, Tasmanian Branch (FCU) had been waiting for, and relying on, developments in Victoria before putting material to the employers and to this Commission. For the FCU, Mr. Fry, supported by Mr. O'Sullivan, detailed the proposals. The Commission was informed that the new classification structure of seven grades based on clearly defined requirements of skill, competency and responsibility, would replace the old five-grade structure.
It was proposed that the new classification structure should be inserted in the award with effect from 1 March 1992. It was submitted that all employees should be classified in accordance with, and translated to, the new structure by 1 March 1992; the new wage rates would commence from that date. The proposed new classifications have been accorded wage relativities appropriate to their duties with the Clerical Officer, Grade 3 being the 100% rate, i.e. $417.20 per annum, to be achieved at the conclusion of the minimum rates adjustment process which would be of four equal instalments, nine months apart, commencing on 1 March 1992 and concluding on 1 June 1994. The opportunity had been taken to rationalise percentages for junior rates and adult entry provisions. Other award variations agreed between the parties, in broad terms, were to: (a) remove the definition of "Launceston" as being unnecessary in this award having been transported from the Retail Trades Award. (Clause 2) (b) permit the taking of annual leave to be at a time up to twelve months from the date it falls due, with a minimum of two weeks notice to be given to the employee. (Clause 9) (c) insert a provision enabling the employer, as an alternative to dismissal, to suspend an employee without pay for up to one week subject to certain conditions. (Clause 13) (d) enable the employer and employee to agree on an alternative day to be observed in lieu of certain award paid holidays. (Clause 15) (e) extend the spread of ordinary hours; permit, by agreement, an employee to work up to ten hours on any day at ordinary time, (Clause 16); and allow meal breaks to be of 30 minutes duration subject to genuine agreement between the employer and employee. (f) extend the spread of ordinary hours for part-time employees. (Clause 20) (g) insert a new Payment of Wages Clause. (Clause 21) (h) provide for time worked on a Saturday to be at one-and-a-half times the ordinary rate for the first three hours and double time thereafter, and for a minimum payment of two hours. (i) insert an "annualised salary" agreement provision which, subject to certain conditions, would enable the employer and employees classified in Grades 4, 5, 6 and 7 to reach agreement on a suitable employment package to take account of work which is likely to be performed outside the ordinary hours (as defined). Such an agreement to be made with employees classified as Grade 3 only following the consent of the union. An annualised salary agreement may not be made in respect of employees classified Grade 1 or Grade 2. The proposals contained a proviso that "an employee who is a member of the Federated Clerks Union shall consult with the Federated Clerks Union prior to entering into an agreement", and that "an employee who is not a member of the Federated Clerks Union may consult with the Federated Clerks Union prior to entering into an agreement." (j) insert a clause dealing with shift work. (k) insert a clause ensuring that no employee will be reduced in status or remuneration, or have any conditions of their employment adversely affected as a consequence of these new provisions. These variations, it was submitted, should commence on 1 March 1992 also. It was claimed that the creation of the new structure, together with significant changes to award conditions of employment, would complete the structural efficiency process arising from the requirements of the 1991 State Wage Case Decision. The classification structure showing relativities and the rates of pay resulting from the proposed minimum rates adjustments agreed between the parties are included in the attachment Appendix A. It was pointed out to the parties that separate applications to the Commission would be required in respect of each succeeding minimum rates adjustment. Mr. Abey submitted that the proposals had the consent of the employers and should be regarded as an indivisible package. He informed the Commission that the definitions were different to those which had been adopted in Victoria. Genuine and specific requirements had to be satisfied at each of the levels which made the package most suitable for implementation in Tasmania. The operative dates were agreed. Conclusion I am satisfied that the proposal meets the requirements of the wage fixing principles in relation to structural efficiency measures and minimum rates adjustments. The allocation of the 100% rate of $417.20 per week to the classification of Clerical Officer Grade 3 is appropriate, as are the other percentages and the date at which it is proposed the first minimum rates adjustments should be applied. However, I am concerned that the award should be used as a vehicle by which employees, who are members of the union, would be required to consult with their union before entering into an annualised salary agreement. In my view a requirement of that nature preferably should be established in the normal exchange of information between the union and its members. To include such a requirement in the award could produce what I consider would be the farcical situation of a union taking action against one of its members for failure to observe the award. In my opinion such a circumstance should not be promoted under the award making provisions of the Industrial Relations Act, and accordingly I do not intend to approve that part of the package. All other proposed variations to award conditions as amended during the hearing are approved. An order [correction order]which reflects the approved variations is also attached, together with the translation process, the date of operation being the first full pay period to commence on or after 1 March 1992.
F. D. Westwood Appearances: Date and place of hearing: APPENDIX A PROPOSED WAGE RATES RESULTING FROM MRA PROCESS SCHEDULE 1 Operative date: From the first full pay period to commence on or after 1 March, 1992.
SCHEDULE 2 Operative date: From the first full pay period to commence on or after 1 December, 1992.
SCHEDULE 3 Operative date: From the first full pay period to commence on or after 1 September, 1993.
SCHEDULE 4 Operative date: From the first full pay period to commence on or after 1 June, 1994.
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