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T4471

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and Miscellaneous Workers Union
Tasmanian Branch

(T.4471 of 1993)

MISCELLANEOUS WORKERS AWARD

 

COMMISSIONER P A IMLACH

12 August 1993

Wage rates - minimum rates adjustment - 3rd increase

REASONS FOR DECISION

This was an application made by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the Union) for the third Minimum Rates Adjustment (MRA) to be implemented in the Miscellaneous Workers Award (the Award).

The Union reminded the Commission that the first MRA had been implemented in the Award on 1 August 1992 (T.3867 of 1992). The second MRA was implemented on 1 February 1993 (T.4144 of 1993).

Under the original agreement between the parties the third MRA was due to be brought in from the first full pay period to commence on or after 1 August 1993.

The Union formally sought the implementation of the third MRA and also sought for the operative date to be the first full pay period to commence on or after 1 August 1993 as originally intended by the parties. The Union submitted a draft order.

The Tasmanian Chamber of Commerce and Industry Limited (the Chamber) confirmed its consent to the application and the terms of the original agreement for the implementation of the third MRA. The Chamber, however, opposed the operative date sought by the Union on the grounds that no serious reason or precedent had been given for the retrospective date of operation. The Chamber sought the date of the hearing as the operative date.

There is no doubt that the Act (at Section 37(5)) requires special circumstances to be in existence before retrospectivity may be granted in an award: it is also clear that the Guidelines of the Commission require a specific application to be lodged before an MRA may be granted.

I am satisfied that normal procedures have been followed by the Commission in this instance and, therefore, I am not prepared to grant retrospectivity.

The Award will be amended, as requested, operative from the first full pay period commencing on or after 12 August 1993.

An order [correction order] is attached.

 

PA Imlach
COMMISSIONER

Appearances:
K O'Brien for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
S Clues for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1993
Hobart
August 12