TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.55 application for filing of an industrial agreement

The Australasian Meat Industry Employees Union, Tasmanian Branch
Coles Supermarkets Australia Pty Ltd
(T10587 of 2002)

COLES SUPERMARKETS AND AMIEU TASMANIA MEAT AGREEMENT 2002

Filing of agreement - agreement approved - forwarded to the Acting Registrar for registration - operative date ffpp 1.8.2002 - to 31 July 2005

REASONS FOR DECISION

[1] This application, lodged pursuant to Section 55 of the Industrial Relations Act 1984 by The Australasian Meat Industry Employees Union, Tasmanian Branch (the Union) and Coles Supermarkets Australia Pty Ltd (the employer), was for the purpose of filing an industrial agreement with the Commission.

[2] The agreement, to be known as the Coles Supermarkets and AMIEU Tasmania Meat Agreement 2002, will be operative from 1 August 2002 and remain in force until 31 July 2005.

[3] The agreement is binding on Coles Supermarkets Australia Pty Ltd and The Australasian Meat Industry Employees Union, Tasmanian Branch in respect of employees engaged in the classifications contained in the agreement in the State of Tasmania, whether members of the Union or not.

[4] The agreement shall operate in complete substitution of any award or agreement, whether State or Federal, previously covering such employees.

[5] During the life of the agreement it provides for three wage increases amounting to approximately 9.72 percent, operative from the first full pay period to commence on or after 1 August 2002, 1 August 2003 and 1 August 2004.

[6] Mr G Courtney, for the Union, presented submissions in support of the application,

[7] Ms J Thomas from the Tasmanian Chamber of Commerce and Industry Limited, for the employer, drew the Commissions attention to provisions in the agreement that varied substantially from the previous agreement. In short they were:

• Increased hours for part-time employees - Clause 3.1.1(b);

• New arrangements for Limited Tenure Employees - Clause 3.1.2;

• The inclusion of a classification for Department Manager at a minimum of 110% of the rate of pay for a Butcher - Clause 4.1.1;

• From 1.8.04 the rate for a junior employee, 20 years and over, increased from 90 percent to the full adult rate of 100 percent - Clause 4.1.2;

• The maximum hours a full time employee may be rostered to work in any week will increase from 46 to 48 - Clause 5.2.10;

• Employees engaged after the introduction of Sunday trading may be rostered to work on two Sundays in each four week cycle as part of ordinary hours - Clause 5.2.18;

• An employee who is seriously ill or injured during annual leave will have annual leave re-credited for the period of illness/injury upon production of a certificate from a registered medical practitioner - Clause 6.2.12;

• Compassionate leave entitlement increased from three to a maximum of five shifts, including the day of the funeral - Clause 6.3

• Parental leave extended from 12 to 18 months - Clause 6.6.3(a);

• Access to a further 6 months unpaid parental leave available - Clause 6.6.3(a);

• Parental leave available to both parents simultaneously for an unbroken period of 4 weeks - Clause 6.6.3(c)

• An employee is able to return on fewer hours than their contracted hours prior to going on parental leave for a period up to the child's 2^nd birthday - Clause 6.6.10(b)

• An employee who has made an application to take a period of long service leave, may also apply to take a period of unpaid leave of absence to be taken concurrently with the period of long service leave - Clause 6.12.2;

• A new provision in respect to natural disaster leave - Clause 6.13; and

• Access to sick leave for pre-natal leave, including employees whose partner is pregnant - Clause 6.14

[8] Having considered the submissions of the parties, I am satisfied the agreement is consistent with the public interest requirements of the Act.

[9] That being the case, I have no hesitation in approving the agreement. The file will now be referred to the Registrar in accordance with the requirements of Section 56(1) of the Act.

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr G Courtney for The Australasian Meat Industry Employees Union, Tasmanian Branch
Ms J Thomas from the Tasmanian Chamber of Commerce and Industry Limited for Coles Supermarkets Australia Pty Ltd

Date and place of hearing:
2002
December 17
Hobart