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T4845 and T4912

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or award variation

Shop, Distributive and Allied Employees Association,
Tasmanian Branch

(T4845 of 1994)

Australian Municipal, Administrative, Clerical and Services Union
(T4912 of 1994)

RETAIL TRADES AWARD

 

PRESIDENT F D WESTWOOD

22 FEBRUARY 1994

Wage rates - State Wage Case December 1993 - arbitrated safety net adjustment

REASONS FOR DECISION

These applications, which were joined, were for the inclusion of the $8 per week Arbitrated Safety Net Adjustment determined in the State Wage Case Decision of 24 December 1993, in the Retail Trades Award.

A draft order setting out a revised wages clause in accordance with the practice developed by the Commission to facilitate processing such applications, was tendered by Mr Griffin for the Shop, Distributive and Allied Employees Association, Tasmanian Branch.

The union sought an operative date of 10 February 1994, being the date of the first hearing on the matter. Mr Griffin's submissions were supported by Mrs Dowd for the Australian Municipal, Administrative, Clerical and Services Union.

Following an adjournment to allow the terms of the order to be further examined, the applications and order were consented to by Mr Abey for the Tasmanian Chamber of Commerce and Industry and Mr McDougall for the Tasmanian Chamber of Retailers. However, the employers submitted that the operative date should be the date of decision.

I am satisfied that the applications meet the requirements of the Wage Fixing Principles and the proposed order corrects a deficiency in the award relating to the identification of the supplementary payment component of the various wage rates. The award will now clearly set out the supplementary payment component created following the broadbanding exercise and the minimum rates adjustment process. The $8 per week safety net adjustment will be shown separately.

Notwithstanding the short delay in finalising this matter caused by some confusion over the terms of the order, I am not prepared to determine the retrospective date of operation sought by the applicants, and accordingly the operative date of the increase will be as from the first full pay period to commence on or after 22 February 1994.

The order is attached.

 

F D Westwood
PRESIDENT

Appearances:
Mr P Griffin for the Shop, Distributive and Allied Employees Association, Tasmanian Branch
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union
Mr S Clues and later Mr T Abey for the Tasmanian Chamber of Commerce and Industry Limited
Mr D A C McDougall for the Tasmanian Chamber of Retailers

Date and place of hearing:
1994
Hobart
February 10, 21