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Tasmanian Industrial Commission

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T5288

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T.5288 of 1994)

COMMUNITY SERVICES AWARD

 

COMMISSIONER R K GOZZI

HOBART, 16 January 1995

Award variation and remuneration

REASONS FOR DECISION

In this matter the Australian Municipal, Administrative, Clerical and Services Union (AMACSU) made application to vary the Community Services Award to include a leave loading clause in the award. Specifically the variation requested to be made was to provide for leave loading to be paid to shift workers on the basis of 17½ per cent loading or projected shift roster, whichever is the greater. The application to vary, as amended on 11 January 1995, was by consent. However Mr Watson appearing for the Tasmanian Chamber of Commerce and Industry Limited (TCCI) raised with the Commission that the variation may have to be considered by a Full Bench having regard to Section 35(1)(c)(ii) of the Act.

After considering the submissions of Mr Watson on this point I have concluded that Section 35(2) is broad enough to enable the Commission as constituted to deal with the subject matter contained in the application. Clearly the annual leave loading provision sought to be included in the Community Services Award is a standard provision and as such I consider my endorsement of the application to fit squarely within the parameters of that particular Section. Accordingly the award will be varied from 1 January 1995. The order will issue in due course.

 

R K GOZZI
COMMISSIONER

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union.
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing:
1994
Hobart
December 19
1995
Hobart
January 11