TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Southern Regional Cemetery Trust
(T6221 of 1996)

SOUTHERN REGIONAL CEMETERY TRUST STAFF AWARD

Award variation - wage rates - translation - consent matter - application granted - award varied - operative ffpp 30/4/96

REASONS FOR DECISION

This application, which was amended at the commencement of the hearing, was lodged by the Southern Regional Cemetery Trust (the applicant). The applicant sought to vary the Southern Regional Cemetery Trust Staff Award with the consent of The Community & Public Sector Union (State Public Services Federation Tasmania).

The subject matters for the consideration of the Commission were outlined in Exhibit A.1, however, apart from what I would call some administrative amendments, the application sought to restructure the salary scale (including salaries) and introduce new classification standards into the award.

The parties informed the Commission that the variations were identical to those arising out of a decision of the Full Bench of the Commission in matter T No 5741 of 1995.

It was also their submission that the application was part of the award restructuring program arising out of the Wage Fixing Principles and, in particular, the Structural Efficiency Principle. The parties said that, whilst on the surface, it may look as though only salaries were being increased and the number of levels reduced, nevertheless, there were other significant variations in conditions of employment that would have an impact on the employer's operation. It was said the award required the parties to observe certain conditions of employment contained in the General Conditions of Employment Award and those new conditions had been, or were in the process of being implemented.

The variations which would apply to employees covered by this award were summarised as follows:

• Direct deposit of salaries into a bank or credit union of the employees choice;
• The annual leave loading to be annualised and paid fortnightly;
• No overtime to be applicable to employees classified above a Level 6;
• A new span of ordinary hours - 7.00 am to 7.00 pm;
• The implementation of a new method for calculating and taking sick leave to be operative from 1 July 1996;
• An alteration to the formula for calculating fortnightly salaries based on the days in the year;
• Higher duty allowances will be applicable only where certain skills are required and the work performed is two or more levels higher than the employee's substantive classification.

The parties emphasised that this award had, in the past, been varied along similar lines to other major public sector awards (including the operative dates) and as such they strongly recommended the Commission continue that practice.

Having considered the submissions of the parties I am of the view that the variations sought and the restructuring that has taken place or is about to take place is consistent with the thrust of the Wage Fixing Principles . That being the case I am prepared to vary the award in the manner sought by the parties, and I decide accordingly.

The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 30 April 1996.

R J Watling
COMMISSIONER

Appearances:
Miss K Fearnley-Sander with Mr T Martin for the Southern Regional Cemetery Trust
Mr K Grey for The Community & Public Sector Union (State Public Services Federation Tasmania)

Date and place of hearing:
1996
June 5
Hobart