T3839
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Federated Liquor 8 Allied Industries Employees' Union of Australia LICENSED CLUBS AWARD
Second minimum rates adjustment REASONS FOR DECISION This matter concerns an application by the Federated Li uor and Allied Industries Employees' Union of Australia, Tasmanian Branch VLAIEU) to vary the Licensed Clubs Award by the granting of the second minimum rates adjustment. Save for operative date the matter is one of consent and is based upon the requirements of Wage Fixation Principles of this Commission currently applying and in particular principles established in respect of minimum rates following the October 1989 State Wage Case Decision. The first adjustment was applied from 16 December 1991 and subsequent increases were to follow at six (6) monthly intervals. Notwithstanding undertakings reached between the parties at the relevant time the Registered Clubs of Tasmania Co-Operative Society Limited argued for-some relief from the financial effects of this proposed increase in wages and relied upon the Economic Incapacity Principle and sought a deferral of this increase to 1 August 1992. Information was put forward to the Commission giving the names of certain Tasmanian Licensed Clubs which had either been forced to close already or were seriously facing such a prospect in the very near future. The Commission accepts the genuineness of such submissions relating to the economic incapacity, but points out that considerable restraint has already been exercised by the responsible trade union concerned at a time when most other award workers have already received such wage movement as is now being claimed. The Commission must balance such factors before deciding. Section 36 of the Act defines public interest as including the economic position of any industry to be affected by a proposed award, as well as the economy of Tasmania as a whole. On this criteria I decide to accept the consent variation as being consistent with public interest only so long as the registered clubs requested concession is included. Accordingly it is my decision to vary the award by granting the second minimum rates adjustment, effective from the first full pay period to commence on or after 1 August 1992. Order is attached.
A Robinson Appearances: Date and Place of Hearing:
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