T3612 and T3613
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Shop Distributive and Allied Employees Association, Federated Clerks Union of Australia, Tasmanian Branch RETAIL TRADES AWARD
Wage rates - State Wage Case 1989 - Second and Third Minimum Rates Adjustments These applications in respect of minimum rates adjustments for all classifications in the Retail Trades Award were joined at the request of the parties. The application by the Shop Distributive and Allied Employees Association (SDA) sought an increase of $6 per week for all adult classifications with consequential adjustments to the rates applicable to junior employees. Since the classification of Assistant (3rd year's adult experience and thereafter) had already received the second minimum rates adjustment with effect from 1 July 1991, the third minimum rates adjustment was being sought in respect of that classification. The application by the Federated Clerks Union of Australia (FCU) was for the second minimum rates adjustment, being an increase of $6 per week to all adult clerical rates with consequential adjustments to rates for junior employees. An operative date of 1 January 1992 was requested. Mr Abey indicated that the employers consented to the applications and the proposed operative date. The Wage Fixing Principles of the Commission state: "3.2 Minimum rates adjustment Minimum rates adjustments for minimum rates awards in accordance with the October 1989 State Wage Case decision shall continue to be allowable under this decision and shall be in accordance with the following: (a) the appropriate adjustments in any award will be applied in no less than four instalments which will become payable at six monthly intervals provided in appropriate cases longer or shorter phasing-in arrangements may be approved or awarded and/or parties may agree that part of a supplementary payment should be based on service; (b) the second and subsequent instalments of these adjustments will not be automatic and an application to vary the relevant award will be necessary; (c) supplementary payments will be prescribed in a separate column contained in wages clauses of awards. A separate clause shall also appear in awards which defines supplementary payments, making it clear that those payments represent, in effect, minimum rates in lieu of equivalent overaward payments; (d) where the existing minimum classification rates in an award exceeds the minimum rate for that classification assessed in accordance with this decision, the excess amount is to be prescribed in a separate clause: that amount will not be subject to adjustment; (e) acceptance of absorption of these adjustments to the extent of equivalent overaward payments is a prerequisite to their being applied in any award." These applications conform to the requirements of the Principles and, having the consent of the parties, are approved with effect from the first full pay period commencing on or after 1 January 1992. The appropriate order is attached.
F D Westood APPEARANCES: DATE AND PLACE OF HEARING: |