TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T.5423 of 1995)

RUBBER TRADES AWARD

Wage rates - third minimum rates adjustment - Principles satisfied - consent matter - application granted - award varied - operative ffpp 15 April 1995

REASONS FOR DECISION

Application was made by the Australian Municipal, Administrative, Clerical and Services Union (ACSU) to vary the Rubber Trades Award by the granting of the third minimum rates adjustment in a manner consistent with the Commission's Wage Fixing Principles 19941.

The Minimum Rates Adjustment Principle provides that:

"MINIMUM RATES ADJUSTMENT

Minimum rates adjustment for minimum rates awards in accordance with the October 1989 and August 1991 State Wage Case decisions shall continue to be allowable and shall be in accordance with the following:

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;

the second and subsequent instalments of these adjustments will not be automatic and an application to vary the relevant award will be necessary; and

supplementary payments may be prescribed in the wages clause of awards."

Mrs Dowd for the applicant in this matter also relied upon precedent decisions of this Commission relating to the granting of the first and second minimum rates adjustments.

The Commission was assured that the public interest requirements imposed by Section 36 of the Act would not be offended by the granting of the application.

There had been consultation between the ACSU and the employers concerned through the Tasmanian Chamber of Commerce and Industry Limited (TCCI) prior to the date of hearing and agreement had been reached as a result.

Mr Gates for TCCI confirmed that the supply of documentation and discussions relating to details of the application were sufficient to satisfy all relevant criteria, including the Wage Fixing Principles and public interest and therefore there existed consent.

Having regard for all of the evidence and submissions placed before me it is my decision to grant the application in the form presented in Exhibit D1 (as amended), being the third minimum rates adjustment, and the award will be amended accordingly.

Date of Effect

This variation shall come into force from the beginning of the first full pay period to commence on or after 15 April 1995. Order

A. Robinson
DEPUTY PRESIDENT

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

Date and Place of Hearing:
1994.
Hobart:
April 7

1 T.5214 of 1994