T8202

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or award variation

Australian Liquor, Hospitality and Miscellaneous Workers Union
- Tasmanian Branch
(T8202 of 1999)

CHILD CARE AND CHILDRENS SERVICES AWARD

COMMISSIONER R J WATLING

HOBART, 1 June 1999

Award variation - application amended - restructure of award - conditions of employment - consent matter - application granted - award varied - operative date ffpp 1 June 1999

REASONS FOR DECISION

This amended application, lodged on 18 January 1999, by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch for the purpose of varying the Child Care and Childrens Services Award, to restructure the award in accordance with previous decisions of the Commission. In particular, the parties relied on the following Wage Fixing Principles: structural efficiency; arbitrated safety net adjustments; and award review process. The variations sought are outlined in Appendix 1 to this decision.

This matter came before the Commission on the 10th and 22nd March 1999, and on both occasions the parties sought, and were granted, an adjournment to complete the award restructuring process.

At the commencement of the hearing on 3 May 1999, Ms P Shelley, for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch and Mr J O'Neill, for the Tasmanian Chamber of Commerce and Industry Limited, presented submissions in support of the application, during the course of which they addressed the Wage Fixing Principles and the public interest requirements of the Act.

It is not my intention in this decision to traverse those submissions, as they can be found in transcript, but I am satisfied that the amendments sought, and outlined in a draft Order presented by the parties, modernise and reformat the award in a manner consistent with that previously determined by the Commission. The proposed variations also remove discriminatory and obsolete provisions and attempt to rewrite the award in plain English.

In my view, the Wage Fixing Principles have been adopted by the parties in their approach to this application.

Given the foregoing, I hereby determine that the Child Care and Childrens Services Award will be varied in the manner sought and the operative date will be from the first full pay period to commence on or after 1 June 1999. The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Ms J Archer (10.3.99) and Ms P Shelley (22.3.99, 3.5.99) for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Mr J O'Neill (10.3.99, 3.5.99) for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1999
March 10, 22
May 3
Hobart

APPENDIX 1

SUMMARY OF CHANGES TO CHILD CARE AND CHILDRENS SERVICES AWARD

PREVIOUS AWARD CLAUSE	NEW AWARD
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 2 August 1996 to 1 June 1999
5. Supersession and Savings	Re-named "Supersession", re-numbered Part I clause 6, updating of supersession
6. Parties and Persons Bound	Re-named "Award Interest", re-numbered Part I clause 5. Format amended to meet Award Review criteria and update.
7. Definitions	Re-named "General Definitions" removal of all definitions specific to one Part, to the appropriate Part, in line with Award Review guidelines - Classification Descriptors moved to Part III clause 2
8. Wage Rates	Re-numbered Part III clause 1. Inclusion of 1998 Safety Net Adjustment increase of $14, 12 & 10 per week. Amend anomaly between Children's Services Worker Level 1 year 3 and Children's Services Worker Level 2 year 1
9. Annual Leave	Re-numbered Part V clause 2
10. Casual Employees	Re-numbered Part II clause 3(a), clause amended
11. Compassionate Leave	Re-named "Bereavement Leave", re-numbered Part V clause 3
12. Contract of Employment	Re-numbered Part II clause 2
13. Deduction of Union Subscriptions	Deleted
14. Disputes and Grievances	Re-numbered Part VI clause 1
15. Enterprise Flexibility	Re-numbered Part VI clause 2
16. Holidays	Re-named "Holidays with Pay", re-numbered Part V clause 5
17. Hours of Work	Re-numbered Part IV clause 1
18. In-Service Training	Re-numbered Part II clause 4
19. Meal Break	Re-numbered Part IV clause 3
20. Mixed Functions	Updated, re-numbered Part II clause 5
21. Notice Board	Re-numbered Part VIII clause 2
22. Overtime	Re-numbered Part IV clause 5
23. Parental Leave	Re-numbered Part V clause 6
24. Part-time and Intermittent Employees	Re-numbered Part II clause 3(b), clause updated and amended
25. Payment of Wages	Re-numbered Part III clause 3
26. Preference to Unionists	Deleted
27. Program Planning Time	Re-numbered Part II clause 6
28. Sick Leave	Re-numbered Part V clause 7
29. Structural Efficiency	Re-numbered Part VI clause 3
30. Tools, Equipment and Protective Clothing	Re-numbered Part VII clause 1
31. Trainee - Child Care	Re-numbered Part II clause 3(c),
32. Union Stewards	Re-numbered Part VIII clause 3
33. Leave Reserved	Re-numbered Part VIII clause 1
Appendix - Superannuation	Re-numbered Part III clause 4, Exemptions deleted

OTHER CHANGES

1. Inclusion of Minimum Start Clause - Part IV Clause 4

2. Inclusion of Carer's Leave provisions - Part V Clause 4

This page was last modified on 5th July 2005.