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T3335

 

TASMANIAN INDUSTRIAL COMMISSION

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

Federated Clerks Union of Australia,
Tasmanian Branch

(T.3335 of 1991)

AERATED WATERS AWARD

 

DEPUTY PRESIDENT A ROBINSON

HOBART 30 September 1991

State Wage Case - increase wage rates and work related allowances by 2.5%

REASONS FOR DECISION

In this matter the Federated Clerks Union of Australia, Tasmanian Branch, sought the variation of the Aerated Waters Award to increase the wage rates and work related allowances in accordance with the 13 August 1991 State Wage Case Decision1.

The applicant addressed each of the Structural Efficiency requirements contained in Clause 2(a) to (g) inclusive, to demonstrate compliance with that principle. Those details are to be supported by the inclusion in the award of the following new clause:

STRUCTURAL EFFICIENCY

(a) The parties to this award are committed to co-operating positively to increase the efficiency and productivity of enterprises and to enhance the career opportunities and job security of employees subject to the award.

(b) Consistent with the objectives of subclause (a) herein, employers, employees and the union shall establish consultative mechanisms and procedures appropriate to the size, structure and needs of the enterprise.

(c) An employer may direct an employee to carry out such duties as one within the limits of an employee's skill, competence and training consistent with the classification structure of the award.

This provision should not deny such employee any award entitlement which might be applicable for performing work at a higher classification; nor should the provision enable the employer to pay an employee at a rate lower than the substantive classification for performing work of a lower classification.

The matter is one of consent and with one qualification only I am satisfied that it would be consistent with the requirements of both the Principles of Wage Fixation and public interest criteria to grant the application. That qualification is that to this date no written commitment has been received from one employee organisation, which I assume is an oversight only.

Provided that commitment is given promptly in the required form, the award will be varied by increasing all wage rates and work related allowances by 2.5%, appropriately rounded, together with new conditions clause already mentioned.

Date of Operation

The foregoing variations shall have effect from the beginning of the first full pay period commencing on or after 27 September 1991.

Order to follow.

 

A Robinson
DEPUTY PRESIDENT

Appearances:
Mrs H J Dowd for the Federated Clerks Union of Australia, Tasmanian Branch
Mr T J Abey for the Tasmanian Confederation of Industries

Date and place of hearing:
1991
September 27
Hobart

1 T.3069 and T.3166 of 1991