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Tasmanian Industrial Commission

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T4146, T2311 and T2225 - 21 March

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative,
Clerical and Services Union

(T.4146 of 1992)
(T.2311 of 1990)

and

Tasmanian Chamber of Commerce and Industry Limited
(T.2225 of 1989)

COMMUNITY SERVICES AWARD

 

COMMISSIONER R K GOZZI

HOBART, 21 March 1994

Award variation - making of a new award - various clauses

REASONS FOR DECISION

The background to this application was discussed in my earlier Reasons for Decision. Essentially the parties, the Australian Municipal, Administrative, Clerical and Services Union (AMACSU); the Tasmanian Chamber of Commerce and Industry Limited, the Community Services Employer Organisation (Tasmania) (CSEOT) and the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA), are working towards achieving consent on a variety of matters relating to the Community Services Award. As consent is reached the parties have requested the Commission to endorse the agreed matters by including them in the award. In that regard a variety of consent matters were included in the award, Order 5 of 1993, consequential to my decision of 15 December 1993.

The position has now been reached where issues relating to Meal Breaks; Rest Time; Structural Efficiency and Enterprise Flexibility; Terms of Employment; Travelling Expenses and Union Delegates have been able to be agreed between the parties. In the proceedings several relatively minor amendments were agreed to be made to several of the foregoing provisions. However the primary issue of concern related to Rest Time provisions which enable a 10 minute rest period to be taken by employees after 3 hours work. The Commission's concern is that this type of provision, in the main, was removed from awards as far back as the 4 per cent second tier exercise and to include it in a new award could be regarded as a backward step; especially if the provision was considered to equate to designated tea and coffee breaks. Far more flexible arrangements are now in place and a prescriptive award provision appears to be counter to those type of working arrangements.

On balance, however, after discussions with the parties, I am satisfied that their intention is to recognise the nature of the industry as set out in the scope clause, and in the circumstances I am not prepared to go against their considered consent.

Having regard to all of the foregoing, the award will be varied operative from the first full pay period to commence on or after the date of this decision.

The order is attached.

 

R K Gozzi
COMMISSIONER

Appearances:
Mr W J Fitzgerald for the Tasmanian Chamber of Commerce and Industry Limited
Mr T Kay for the Community Services Employer Organisation (Tasmania)
Mr I Patterson for the Australian Municipal, Administrative, Clerical and Services Union

Date and Place of Hearing:
1994.
Hobart:
10 March.