Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T7445

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T7445 of 1998)

BUSINESS SERVICES AWARD

 

PRESIDENT F D WESTWOOD

HOBART, 26 October 1998

Award - making of new award - Business Services Award - Title and Scope determined - operative 26.10. 98

REASONS FOR DECISION

This application was lodged by the Australian Municipal, Administrative, Clerical and Services Union (AMACSU) pursuant to section 23 of the Industrial Relations Act 1984, for the making of a new award, to be known as the Business Services Award.

The proposed draft order, as amended by Mr Paterson for the applicant union, was in the following terms:

"1. TITLE

This award shall be known as the `Business Services Award'.

2. SCOPE

(a) This award is established in respect of the industry of business services.

(b) For the purposes of this award business services shall mean:

    (i) administrative, clerical, marketing and promotion services; and or

    (ii) telemarketing, and or

    (iii) fund raising services, and or

    (iv) paging services; and or

    (v) visitor, customer and consumer services, and or

    (vi) call centre services, and or

    (vii) internet services.

(c) This award shall not apply where another industry award of the Tasmanian Industrial Commission has specific application to services conducted by employers within that industry.

(d) Until the making of this award has been finalised in respect of wages and conditions of employment or until this subclause is deleted, employees covered by the Clerical and Administrative Employees (Private Sector) Award, prior to the operative date of this award, shall continue to be covered by the Clerical and Administrative Employees (Private Sector) Award in all respects.

3. DATE OF OPERATION

This award shall come into operation from the 15th June 1998."

Mr Paterson submitted there was need for an award for the industry of business services, as defined in proposed clause 2(b). Without prejudice to future proceedings he identified the following businesses as providing services which would fall within the proposed scope. They were secretarial services such as Above the Rest; The Business Connection; Everything Secretarial, and The Right Address. He said over forty such organisations were listed in the Hobart and Southern Tasmanian Yellow Pages. Telemarketing organisations referred to were ESP Marketing, A A Lightning Lists, OMM Direct and RGDA Bureau. In addition he said the Australian Red Cross Society and the Multiple Sclerosis Society of Tasmania had telemarketing fund raising operations.

Paging Services included Tas Page Pty Ltd and Marcom Watson Group, he said.

Visitor, customer and consumer services included the Home Ideas Centre, Tasmanian Travel and Information Centre, Ulverstone Visitor Information Centre and Strahan Visitor Centre, he said.

It was proposed the award should have application to private sector call centres.

Mr Paterson said it was not possible to be definite as to numbers of employees that might be subject to the proposed award. He submitted that the making of the award would assist in preventing and resolving industrial disputes in an area which is currently unregulated. Mr Paterson contended that the making of the award would not adversely affect employment levels and, by establishing clear conditions, entitlements and obligations, would assist in the further growth of employment.

Mr Edwards, for the TCCI, submitted that his organisation did not object to the making of an award with the scope as described in the application. While not taking issue with the applicant in respect of the employers mentioned in the union's submissions, Mr Edwards submitted that whether or not those businesses eventually were covered by the proposed award would be determined on the facts of each case upon examination once the award was made.

Mr Edwards emphasised the proposed provision in the scope clause which provides that the award would have no effect "where another industry award of the Tasmanian Industrial Commission has application to services conducted by employers within the industry covered by that award". He said there was clear agreement between the parties "not to disturb existing award coverage".

Issues such as the level of salaries, sick leave, maternity leave and public holidays, and other award contents were issues to be addressed in later submissions, Mr Edwards said, because until the award scope was determined it was not possible for his organisation "to take detailed instructions from members who might be covered by the new award".

Mr Edwards submitted the making of an award with the proposed scope would not be contrary to the public interest requirements set out in section 36 of the Act. Nor, he said, was it contrary to the public interest that employees "currently award free be offered the protection of an award", and further, that the "transfer of employees from a craft based award to an industry based award" was consistent with the views and opinions of the TCCI expressed over many years".

I have considered the submissions of the parties, and for the reasons submitted and recorded in this decision I approve what is now a consent application to make the Business Services Award in terms of the Title and Scope clauses submitted. The award will be operative from 26 October 1998.

Registered organisations may seek an interest in the new award pursuant to section 65A, and subsequently make application for the insertion of further provisions.  Order

 

F D Westwood
PRESIDENT

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union
Mr T J Edwards for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1998
April 23
June 3
Hobart