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[1991] AIRC 458
procedural. Agreement certified to operate on and from 21 September 1990 for a period of three years
The Australian Industrial Relations Commission certified an agreement allowing twelve-hour and fifteen-minute shifts for Telecom technical staff. The agreement followed a trial that had been monitored by an academic researcher, who found both positives and negatives but did not recommend stopping the arrangement. The Commission was satisfied that certifying the agreement was in the mutual interests of the employer and unions, and not against the public interest. The agreement was to run for three years from September 1990 and included guidelines for how the shifts would be introduced at individual workplaces, with conditions based on existing employment awards covering hours, penalties, breaks, and leave.
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This matter concerns a joint application by the Australian
1 cited instrument linked from this judgment.
Telecommunications Corporation and the Australian Telecommunications Employees' Association/Australian Telephone and Phonogram Officers' Association for certification, pursuant to section 115 of the Act, of an agreement covering the operation of shifts of twelve hours and fifteen minutes in Telecom technical operation centres.
The agreement flows from a trial of twelve-hour shift working which was approved by the Commission in October 1988. That trial was monitored by Dr Meredith Wallace of the La Trobe University's Brain Behavioural Research Institute. Dr Wallace reported that there were both negative and positive aspects to the shift rosters under trial but saw no reason to discontinue those shift rosters. There was a recommendation, however, that a follow-up study of health and sleep should be undertaken when the roster had been in place for approximately two to three years.
Subsequently, the parties negotiated the agreement presented for
certification in these proceedings. That agreement has a period of operation of three years. It comprises a series of guidelines for the introduction of twelve hours fifteen minutes shift operations, by agreement at individual technical operation centres, and prescribes the conditions that are to apply to workers on those shifts. Those conditions are based directly on existing provisions in the Australian Telecommunications Commission Telecommunications Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 1975(1) and the Telecom General Conditions of Employmnent Award 1989.(2) They relate to hours of work, penalty payments, recalls to duty, meal breaks, and various types of leave including annual leave. ______________________________________________________________________________
(1)Print C6568 [A133]; (1975) 172 CAR 1046 (2)Print H9249 [T238] On the basis of the material before us, and the contents of the agreement itself, we are satisfied that it is in the mutual interests of the parties for the agreement to be certified and that it is not against the public interest to do so.
The agreement shall operate on and from 21 September 1990 and shall remain in force for a period of three years.
G. Giudice of Counsel together with B. Murphy of Australian Telecommunications Corporation.
A. Forster for Australian Telecommunications Employees' Association/Australian Telephone and Phonogram Offficers' Association.
Agreement certified to operate on and from 21 September 1990 for a period of three years