TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

The Australian Workers’ Union, Tasmania Branch
(T5796 of 1995)

FERRO ALLOYS AWARD

Award variation - annual leave - consent matter - award varied - operative ffpp 9 October 1995

REASONS FOR DECISION

This application was lodged with the Commission by The Australian Workers’ Union, Tasmania Branch for the purpose of varying the Ferro Alloys Award, pursuant to section 23 of the Act.

The application sought to vary Clause 11.1 - Annual Leave, subclause 11.1.10 by deleting the current subclause and inserting in lieu thereof the following :

"11.1.10    Payment of Annual Leave on Termination

        11.1.10.1  Service Less than One Fortnight

                              A TEMCO employee who does not complete one fortnight's continuous service shall not be entitled to proportionate leave on termination.

        11.1.10.2  Calculation of Annual Leave on Termination

On termination, an employee shall be paid for all periods of fully accrued annual leave entitlements at the TEMCO employee's fortnightly salary, including shift work payments where applicable, in accordance with the relevant classification specified in clause 8.2.1. of this award.

However, any incomplete accrual period of annual leave shall be paid at the rate of 3.077 hours for each completed forty standard hours of work during any incomplete accrual period at the TEMCO employee's fortnightly salary, including shift work payments where applicable, in accordance with the relevant classification specified in clause 8.2.1. of this award."

This application arises out of a dispute (T.5675 of 1995) whereby the parties agreed to review the award to clarify employee entitlements in respect to annual leave on termination.

Having heard the submissions of the parties I am prepared to vary the award in the manner sought as it puts beyond doubt the payment of proportional leave on termination.  Also, the amendment is not inconsistent with the public interest requirements of the Act.

The variation will be operative from the first full pay period on or after 9 October 1995.  The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr J Glisson for The Australian Workers’ Union, Tasmania Branch
Mr M Hill for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr K Becker for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing And Allied Services Union Of Australia
Mr J Whiteford for the Tasmanian Electro Metallurgical Company Pty Ltd (BHP)

Date and place of hearing:
1995
October 9
Hobart