TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T6791 of 1997)

TOTALIZATOR AGENCY AWARD

Award variation - insertion of carer's leave clause - consent matter - application granted - operative ffpp 7 Mar 97

REASONS FOR DECISION

This was an application by the Australian Municipal, Administrative, Clerical and Services Union (the Union) for a variation to be made to the Totalizator Agency Award (the Award). The application followed the recent Full Bench decision of the Commission in matters T6296 of 1996 and T6441 of 1996 (the decision) which as a test case decision, following agreement between all parties as to proposed draft provisions, granted:

• an entitlement to carer's leave for employees with family responsibilities; and
• facilitative clauses to enable more flexible work practices in the areas of single day annual leave absences, time off in lieu of overtime, make up time and rostered days off.

The Union produced an agreed amended draft order which included changes to the decision's draft model provisions for the following reasons:

• provisions for part-time employees consistent with the award prescriptions;
• deletion of clauses or paragraphs already adequately provided for in the award; and
• in the Grievance Process provision, discretionary terminology rather than the prescriptive terminology when a dispute was to be referred to a third party.

The Union pointed out that the variations sought applied only to Division B because Division A related to casual employees, the provisions for which the Union wished to have reviewed and as a result appropriate provisions arising out of the decision would be applied for in Division A after the review had taken place.

The Union submitted that the variation sought was in accordance with the requirements of the decision and hence complied with the Wage Fixing Principles of the Commission and the public interest as indicated in the decision.

The Union requested that the variation be made to take effect from the first full pay period to commence on or after 7 March 1997.

The Tasmanian Chamber of Commerce and Industry (the Chamber) advised the Commission that following discussions with the Union it consented to the application, the amended draft order and the requested date of effect. The Chamber said that the variation was in accordance with the decision and offended neither the Wage Fixing Principles of the Commission nor the public interest.

I accept the submissions of the parties and the application is granted. The Award will be varied as requested to take effect from the first full pay period to commence on or after 7 March 1997.

And order will be issued in due course.

P A Imlach
COMMISSIONER

Appearances:
Mr I Paterson for Australian Municipal, Administrative, Clerical and Services Union
Mr M Watson, with Miss J Thomas, for Tasmanian Chamber of Commerce and Industry and the Totalizator Agency Board

Date and place of hearing:
1997
March 7
Hobart