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T5170

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical & Services Union
(T.5170 of 1994)

BOOTMAKERS AWARD

 

DEPUTY PRESIDENT A ROBINSON

HOBART 27 September 1994

Award variation - wage rates - fourth minimum rates adjustment - principles satisfied - application granted - award varied - ffpp - 27 September 1994

REASONS FOR DECISION

This matter concerns an application by the Australian Municipal, Administrative, Clerical and Services Union, (AMACSU) to vary the Bootmakers Award, Division D - Clerks, to reflect the fourth and final minimum rates adjustment (MRA).

Details of the adjustment sought were contained in an exhibit (as amended). The matter was one of consent and conforms with the earlier MRA adjustment process previously endorsed by the Commission in matter T.3768 of 1992, and it is for these reasons I have decided that the present matter does not offend public interest and the application is granted and the award will be varied accordingly.

Operative Date

This was a contested matter with the AMACSU requesting an operative date of 18 September 1994 having regard for appendix A of the award which provides a schedule for the MRA adjustments, 9 months apart, commencing 18 June 1992, and the fact that the application was lodged on 20 August 1994.

The Tasmanian Chamber of Commerce and Industry Limited argued that the operative date should be the date of decision.

My decision on transcript was that the operative date would be the first full pay period to commence on or after 27 September 1994.

My reasons for deciding on such a date are as follows:

(1)  In my view there are no special circumstances that make it fair and right to award retrospectivity. [37 (5) of the Act].

(2)  The Bootmakers Award provides that each MRA will require a separate application to the Commission. The relevant Wage Fixing Principles make the same requirement.

(3)  Whilst the application was lodged on 20 August 1994, full particulars were not supplied at the same time and this accounted for subsequent delays.

Order is attached.

 

A Robinson
DEPUTY PRESIDENT

Appearances:
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing:
1994
Hobart
September 27