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T5507

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for awards and variations of awards

The Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union

(T5507 of 1995)

METAL AND ENGINEERING INDUSTRY AWARD

 

COMMISSIONER P A IMLACH

26 June 1995

Award variation - second $8.00 Arbitrated Safety Net Adjustment - operative date ffpp on or after 21 June 1995

REASONS FOR DECISION

This was an application by The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Metals Union) for the Second $8.00 safety net adjustment provided for in the December 1994 Wage Fixing Principles of the Commission, to be implemented in the Metal and Engineering Industry Award (the Award).

At the hearing the Metals Union submitted that its application conformed with the specific requirements of the Commission's Wage Fixing Principles, especially under the heading 7.2 Second Arbitrated Safety Net Adjustment at the award level prescriptions.

The Metals Union canvassed those award level prescriptions and pointed out where they had been complied with, in particular the implementation of the first $8.00 safety net adjustment from the first full pay period on or after 3 March 1994 and the six months lapse of time required. There had been no enterprise level second safety net adjustment in the Award during the relevant period.

The Metals Union also requested that the proposed amendment to the Award be operative from the first full pay period on or after 21 June 1995, the date of the hearing.

The Association of Professional Engineers and Scientists, Australia and the Australian Municipal, Administrative, Clerical and Services Union agreed with, and supported the Metal Union's submissions including the operative date sought.

The Tasmanian Chamber of Commerce and Industry (the Chamber) did not object to the application, but referred to the decision of the Deputy President of the Commission on the previous day, 20 June 1995, in matter T5540 of 1995, which rejected the Chamber's submission that in safety net adjustment applications, the Structural Efficiency Principle (SEP) required the completion of proper and meaningful SEP exercises in an award, particularly the inclusion of facilitative and majority clauses in an award; the Chamber stressed that, whilst it accepted the Deputy President's decision, the concept of on-going structural efficiency measures is still part of the Guidelines and would be pursued by the Chamber.

The Chamber sought the first full pay period on or after the date of the decision as the operative date.

I accept the Deputy President's decision in matter T5540 of 1995 as the precedent in this round of safety net adjustments. I support it and adopt it for the purposes of my decision in this case.

It should be noted that, whilst the Minimum Rates Adjustment process in the Award has been completed, the Base Rate and Supplementary Payment columns in the Wages Clause of the Award will not be amalgamated because of the requirements currently specified in the Junior and Apprentice Clauses in the Wages Clause of the Award.

The application is granted operative from the first full pay period on or after 21 June 1995. An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
Mr P Baker for The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr D Pyrke for The Association of Professional Engineers and Scientists, Australia
Mrs H Dowd for Australian Municipal, Administrative, Clerical and Services Union
Mr M Watson for the Tasmanian Chamber of Commerce and Industry

Dates and place of hearing:
1995
June 21
Hobart