T3651
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Transport Workers' Union of Australia, CARRIERS AWARD
Leave - trade union training REASONS FOR DECISION This was an application made by the Transport Workers' Union of Australia, Tasmanian Branch (the TWU) to provide for trade union training leave. At the outset of the hearing the TWU advised that successful negotiations between the parties had taken place and an agreed draft award amendment was put forward as an exhibit amongst other documentation. The draft amendment was the same provision which was last year inserted in the Transport Workers Award 1983 of the Australian Industrial Relations Commission1 following agreement between the parties in that jurisdiction. In essence the draft provided for the relevant employee to "be released for up to five days leave with pay each calendar year, non-cumulative, to attend trade union training courses ...", subject to some conditions. It is sufficient to say that the conditions specified were reasonable, two notable points being that:
The TWU requested that the Award be amended operative from the first full pay period commencing on or after 1 April 1992. The Tasmanian Confederation of Industries (the Confederation) confirmed its agreement to the proposed amendment, but in doing so, stressed that such agreement was not to be taken as a precedent for trade union training leave provisions in other awards of the Commission. The Confederation submitted an exhibit2 which contained a copy of a letter sent to the TWU on 5 March 1992 together with a draft award amendment relating to trade union training leave. In the letter the Confederation referred to the decision of the President in matter T.3003 of 1991 wherein an application for a trade union training leave clause in the State Retail Trades Award was declined on the basis that amongst other things insufficient precedence had been established and it was more appropriate for such a provision to be implemented by agreement. The Confederation concurred with the President's observations and went further by proposing a draft clause of its own primarily to promote discussion on the subject. The content of the letter was thoroughly canvassed by the Confederation at the hearing: it contained a number of significant factors which the Confederation said needed to be seriously addressed before any form of standard trade union training clause was put into awards of the Commission. I commended the Confederation for its thought-provoking proposals: whilst they were employer oriented proposals, I believe they were worthy of serious consideration by all parties. In confirming its agreement in this matter the Confederation indicated that its consent was based upon the following considerations:
The Confederation agreed to the operative date sought by the Union. The Australian Road Transport Industrial Organization, Tasmanian Branch also advised its agreement to the proposed amendment and said that it was consistent with a core award concept currently being discussed by the parties. As indicated at the hearing I am satisfied that the application is not against the Guidelines of the Commission and on the basis of the consent between the parties I endorse it. The Award will be amended as proposed to operate from the first full pay period commencing on or after 1 April 1992. An order is attached.
P A Imlach Appearances: Date and place of hearing: |