T5545
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union - CHILD CARE AND CHILDRENS SERVICES AWARD
Wage rates - State Wage Case December 1994 - second $8.00 Arbitrated Safety Net Adjustment - application granted - award varied operative ffpp 21 June 1995 REASONS FOR DECISION The Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (ALHMWU) made application to vary the Child Care and Childrens Services Award by increasing wage rates by $8.00 per week in accordance with the State Wage Case Decision1 handed down by a Full Bench on 20 December 1994 as it related to the second arbitrated safety net adjustment principle at the award level. That principle provides as follows: 7.2.2 Award level: On application a second $8 per week arbitrated safety net adjustment will be available, at an award level, from no earlier than 20 June 1995, subject to the following tests: 7.2.2.1 that the award has been varied for the first $8 per week arbitrated safety net adjustment referred to in 7.1 above; 7.2.2.2 that at least six months has elapsed since the handing down of this set of principles or the granting of the first award level arbitrated safety net adjustment provided for in these principles; 7.2.2.3 that an employee who has received the second arbitrated safety net adjustment at an enterprise level will not be entitled to receive a second increase arising from the incorporation of the increase at an award level; and 7.2.2.4 that the amount of the arbitrated safety net adjustment is to be reduced to the extent of any wage increase as a result of agreements reached at an enterprise level since 1 November 1991. Mr O'Brien was able to support a case as to the present application being consistent with the requirements of principle 7.2, and more particularly those parts from 7.2.2.1 to 7.2.2.4 inclusive. Mr Watson for TCCI reminded the Commission of argument previously raised in matter T.5540 of 1995 which similarly concerned the granting of the second arbitrated safety net adjustment at award level in that matter and reiterated that whilst his organisation accepted the decision of the Commission it may seek to pursue the same type of argument in a different application at another time. In the meanwhile there was no opposition to the ALHMWU application in this matter, with employers having the right to absorb the $8.00 in appropriate circumstances, with award prescription in this regard being unnecessary. I confirm that it is my decision to grant the application and vary the award accordingly. My decision is based upon the fact of consistency with the Commission's Wage Fixing principles and public interest criteria pursuant to Section 36 of the Act. Operative Date: This variation shall have effect from the beginning of the first full pay period to commence on or after 21 June 1995. Parties are requested to prepare draft orders. [Order]
A ROBINSON Appearances: Date and Place of Hearing: |