Department of Justice

Tasmanian Industrial Commission

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

T8017

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T8017 of 1998)

COMMUNITY SERVICES AWARD

 

COMMISSIONER R J WATLING

HOBART, 15 December 1999

Award variation - application amended - Principle 16 - Award Review Process - Restructure, variation and consolidation - consent matter - application granted - award varied - operative date ffpp 14 December 1999

REASONS FOR DECISION

On 5 October 1998, an application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by the Australian Municipal, Administrative, Clerical and Services Union (the applicant), to vary the Community Services Award.

When the matter came on for hearing on 10 November 1998, Mr Paterson, for the applicant, informed the Commission that there had been private discussions, between the parties to the award, in an attempt to reach consensus on the issues raised in the application. He also reported the need for those discussions to be ongoing, in order to present a consent position in relation to the proposed amendments.

To this end, Mr Patterson requested the application be adjourned. Mr C Brown, for the Health Services Union of Australia, Tasmania No. 1 Branch, and Mr M Watson, for the Tasmanian Chamber of Commerce and Industry Limited, supported this approach.

The hearing was adjourned sine die.

At the request of the applicant the matter was relisted for hearing on Tuesday, 14 December 1999 at 10.30 am.

At this time, Mr Paterson sought and was granted leave to amend the application to vary the Community Services Award in accordance with Principle 16.1 - Award Review Process, of the Wage Fixing Principles.

Principle 16.1 states:

"16. AWARD REVIEW PROCESS

16.1 Consistent with the decision of the Tasmanian Industrial Commission in the July 1996 and July 1997 State Wage Cases the parties are to continue to pursue their commitment to review Awards in the context of:

    (i) consistent award formatting;

    (ii) removal of discriminatory provisions;

    (iii) removal of obsolete or amendment of inaccurate award provisions;

    (iv) updating Clause 6 - Parties and Persons Bound;

    (v) re-writing of the award in plain English;

    (vi) the appropriate use of facilitative provisions;

    (vii) the inclusion of an appropriate enterprise flexibility clause."

It is not my intention in this decision to traverse all the submissions presented by the parties, as they can be found in transcript.

The actual variations sought are set out in Appendix 1 to this decision.

In addition, Mr Paterson submitted that issues surrounding casual employment; fixed term employment; and, certain matters pertaining to structural efficiency and enterprise flexibility; remained unresolved and further consultation, between the parties, had been scheduled. He said it was the view of all parties, that the award should reflect any agreement reached on those issues. This would be achieved via a separate application, made at a later date, to vary the award pursuant to Principle 16.

The submissions of Mr Paterson were supported by Mr C Brown of the Health Services Union of Australia, Tasmania No. 1 Branch, and Mr M Watson, of the Tasmanian Chamber of Commerce and Industry Limited.

I am satisfied that the amendments sought and outlined in a draft Order, Exhibit ASU.1, and presented as a consent document, go a long way to modernise and re-format the award in a manner consistent with that previously determined by the Commission

It is also my view that the application is consistent with the Wage Fixing Principles, and therefore I hereby determine that the Community Services Award be varied in the manner sought, operative from the first full pay period to commence on or after 14 December 1999.

The Order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union
Mr C Brown for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing:
1998
November 10
Hobart
1999
December 14
Hobart

APPENDIX 1

SUMMARY OF CHANGES TO THE COMMUNITY SERVICES AWARD

PREVIOUS AWARD CLAUSE

    NEW AWARD

- New Headings - Part I to Part VIII inclusive
1. Title No change
2. Scope Re-numbered Part I, Clause 3
3. Arrangement Re-named "Index" Re-numbered Part I, Clause 2
4. Date Of Operation Amended from 27 March 1997 to 14 December 1999
5. Supersession and Savings Re-named "Supersession" Re-numbered Part I, Clause 6
6. Parties and Persons Bound Re-named "Award Interest" - Re-numbered Part I, Clause 5; varied
7. Definitions Re-numbered and re-named Part III, Clause 3 - Classification Descriptors; changes to Grade 2 and new classification Grade 2B; new classification titles
8. Wage Rates Re-Numbered Part III, Clause 1 - Wage Rates; new rates for Grade 2B, new classification titles; Subclause (e), renumbered to Part III, Clause 2; `workers' changed to `employees'
9. Aggregation of Payments Re-numbered Part III, Clause 4
10. Annual Leave Re-numbered Part VI, Clause 1; clarifies obligation to pay; `Public Holiday' changed to `Holidays With Pay'
11. Bereavement Leave Re-numbered Part VI, Clause 2
12. Blood Donors Re-numbered Part VI, Clause 3
13. Carer's Leave Re-numbered Part VI, Clause 4
14. Consultation - Procedures, Change, Redundancy Re-numbered Part VII, Clause 1
15. Disputes and Grievance Procedures Re-numbered Part VII, Clause 2
16. First Aid Re-numbered Part VI, Clause 4; re-named "First Aid Allowance"
17. Holidays With Pay Re-numbered Part VI, Clause 5; Adds Recreation Day
18. Hours, Shift Work, Overtime Separated into four clauses:

1. Re-numbered and re-named Part V, Clause 1 - Hours of Work;

2. Re-numbered and re-named Part V, Clause 2 - Shift Work, `Public Holiday' changed to `Holidays With Pay';

3. Re-numbered and re-named Part V, Clause 3 - Overtime; `Public Holiday' changed to "Holidays With Pay'

4. Re-numbered and re-named Part V, Clause 4 - Make Up Time

19 Leave Without Pay Re-numbered Part VI, Clause 6
20. Meal Break and Meal Allowance Re-numbered Part IV, Clause 4
21. Notice Board Re-numbered Part VIII, Clause 1
22. Notification of Award Re-numbered Part VIII, Clause 2
23. On Call And Recall Re-numbered Part IV, Clause 1
24. Parental Leave Re-numbered Part VI, Clause 7; new standard
25. Rest Time Re-numbered Part V, Clause 6
26. Sick leave Re-numbered Part VI, Clause 8
27. Sleepover Re-numbered Part IV, Clause 2; reworded for clarity
28. Structural Efficiency And Enterprise Flexibility Re-numbered Part VII, Clause 3; sub-clause (c) deleted; consequent change - subclause (d),(e) and (f) re-numbered.
29. Superannuation Re-numbered Part III, Clause 6; Health Services Union of Australia, Tasmania No. 1 Branch added to sub-clause (a)(iii)
30. Telephone Allowance Re-numbered Part IV, Clause 5
31. Terms Of Employment Separated into three clauses;

1. Re-numbered and re-named Part II, Clause 1 - Definitions;

2. Re-numbered and re-named Part II, Clause 2 - Employment Categories; New provisions for Probationary employment; Option for Casual employees to leave entitlements; and

3. Re-numbered and re-named Part III, Clause 5 - High Duties

4. Certificate of Service deleted from this clause and added to Part II, Clause 3 - Termination, subclause (iv); and the Certificate of service was varied

32. Travelling and Motor Vehicle Expenses Re-numbered Part IV, Clause 6
33. Union Delegates Re-numbered Part VIII, Clause 3