T5276
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Municipal, Administrative, Clerical and Services Union and Community Hostels Association Inc.
Industrial dispute - underpayment of wages RECOMMENDATION In this matter the Australian Municipal, Administrative, Clerical and Services Union (AMACSU) sought the Assistance of the Commission in respect of an industrial dispute with the Community Hostels Association Inc. concerning underpayment of wages. In opening submission Mr Paterson for AMACSU informed the Commission that conditions of employment contained in the Community Services Award determined by the Commission to operate from July 1994 were not being observed by the Community Hostels Association Inc. (the Association) in respect of Mara House. Mr Fitzgerald for the Association in his preliminary submissions contended that the Community Service Award may not be relevant to Mara House and that the Welfare and Voluntary Agencies Award could have application. A further complicating factor in the dispute was that employees from Mara House also undertook work at Longford House which was said to rely on the Welfare and Voluntary Agencies Award. Having discussed the dispute with the parties I have formed the view that prima facie the Community Services Award has application to Mara House. The reason is that the care provided to female children at Mara House extends beyond care of children in the context outlined in Division A of the Welfare and Voluntary Agencies Award. I think that it is reasonable to conclude that Mara House provides social support to these female children very much different to that which is contemplated by the Welfare and Voluntary Agencies Award. In all of the circumstances I conclude, on the very preliminary submissions made and conference discussions held with the parties, that it would be in their best interests to enter into a Section 55 Industrial Agreement applicable to both Mara and Longford Houses. This agreement should be predicated on an undertaking that for Mara House the appropriate Community Service Award conditions apply and for Longford House, Welfare and Voluntary Agencies Award provisions are used and all relevant unions be involved in the negotiating processes. It should be possible for the parties to the Section 55 Industrial Agreement to negotiate suitable arrangements to facilitate flexibility of service provision including the interchange of employees between the two houses. I recommend this approach to the parties and would be willing to assist as required.
R K GOZZI Appearances: Date and Place of Hearing: |