Department of Justice

Tasmanian Industrial Commission

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

T1526 (23 November 1989)

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1526 of 1988 IN THE MATTER OF AN APPLICATION BY THE FEDERATED MISCELLANEOUS WORKERS UNION OF AUSTRALIA, TASMANIAN BRANCH FOR THE MAKING OF A NEW AWARD.
FULL BENCH:
DEPUTY PRESIDENT A ROBINSON
COMMISSIONER R K GOZZI
COMMISSIONER P A IMLACH
HOBART, 23 November 1989

SUPPLEMENTARY DECISION [Previous Decision]

APPEARANCES:
For the Federated Miscellaneous 
Workers Union of Australia, 
Tasmanian Branch
- Mr. K. O'Brien
For the Minister for Public 
Administration
- Mr. F. Westwood
DATE AND PLACE OF HEARING:
13 November 1989         Hobart  

 

This decision concerns a number of matters which were held over following the making of the Miscellaneous Workers (Public Sector) Award in September 1988.

The outstanding matters requiring resolution relate to the inclusion in the award of:-

  • a classification for "crossing guard" and "chief cook";

  • a service incremental payments scheme (S.I.P.S.)

  • a provision for when a public holiday falls on a Saturday - Anzac Day; and

  • a preference clause

Preference

Mr K O'Brien, appearing for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch, advised that, whilst his union would still pursue a provision for preference for union members in the award, he sought to put this matter aside for the time being so that the current review being conducted by Commissioner Imlach (in relation to the conscientious objector element) could be completed first. Mr Westwood, appearing for the Minister for Public Administration, made it clear that the Government was not agreeable to an award preference clause in any case.

S.I.P.S.

As to the S.I.P.S. provision Mr O'Brien produced an agreed exhibit "O'B5" which detailed the proposed award amendment.

Mr F Westwood confirmed the Government's agreement to the terms set out in the exhibit - which did not reflect the recent 3% National Wage decision increase.

The Award will be amended in that way.

Public Holidays

Mr O'Brien advised and Mr Westwood confirmed that agreement had been reached that the well established and universal practice in this Award area of transferring a public holiday which occurs on a Saturday (Anzac Day) to the nearest working day be specified in the Award.

The Award will not be amended as requested. We were told that the T.T.L.C. will be lodging an application in the near future to have all awards provide for the transfer of a public holiday occurring on a Saturday and, as this is a significant departure from the norm and as Anzac Day will not fall on Saturday for some years yet, we have decided to wait until the T.T.L.C. application is dealt with before going any further with the matter at this stage.

Classification

As we indicated at the hearing the classification of "crossing Guard" will be inserted in the Award. However, we leave to Commissioner Imlach the task of investigating and deciding the appropriate wages and conditions that should apply.

We also leave to Commissioner Imlach the task of investigating and deciding whether or not there should be a classification of "chief cook" in the Award and, if so, the appropriate wages and conditions to be included.

Operative Date

The amendments to the Award relating to S.I.P.S. will operate from the date of this decision: the dates of operation for the matters referred to Commissioner Imlach will be left to his discretion.

An order is attached.