Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T7902

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T7902 of 1998)

AERATED WATERS AWARD

 

COMMISSIONER P A IMLACH

HOBART, 23 June 2000

Award variation - Principles 2, 5 and 16 - award updated - application granted - operative ffpp 29 November 1999

REASONS FOR DECISION

This was an application made under section 23(1) of the Industrial Relations Act 1984 (the Act) by the Australian Municipal, Administrative, Clerical and Services Union (the AMACSU) for a variation to be made to the Aerated Waters Award (the award).

The AMACSU applied to vary the award to give effect to:

"1 Principle 2 Structural Efficiency of the 1999 State Wage Case decision;

2 Principle 5, Minimum Rates Adjustment of the 1999 State Wage Case decision, and

3 Principle 16 Award Review Process of the 1998 and 1999 State Wage Case decisions."

At the commencement of the final hearing of this application, the AMACSU produced a draft order incorporating the changes sought to be made to the award.

The matters encompassed by this application had been the subject of discussions between the parties and hearings of the Commission for some time.

A particular item agreed to be implemented, based on the Structural Efficiency Principle (SEP) of the Commission, was the introduction into the award of revised clerical and administrative classifications directly aligned with the Clerical and Administrative Award classifications. A transitory grading and translation provision was included also as an appendix to the draft order. The AMACSU noted that the SEP had been implemented partly in the award through matter T2606 of 1990, but, the clerical area had not been affected at that time.

An agreed schedule showing the MRA implementation process, based upon four instalments to be received at six monthly intervals commencing from the first full pay period commencing on or after 29 November 1999, was produced by the AMACSU (Exhibit P4).

The AMACSU advised the Commission that the award had been reviewed and brought up to date by the parties providing new parts, new headings, re-formatting and re-numbering. Obsolete provisions had been deleted and some were brought into line with the requirements of the Act.

A table of the variations of the award was included as an appendix as well.

In requesting that the application be granted, the AMACSU referred to the draft order and table of variations previously introduced and submitted to the Commission that all the variations contained in the draft order were consistent with the Principles of the Commission which had been specifically relied on. The AMACSU further submitted that approval of the application would not offend the requirements of the Act, especially in relation to the public interest.

The AMACSU requested that all the variations be made to operate from the first full pay period commencing on or after 29 November 1999.

The Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch endorsed the submission of the AMACSU and also requested that the application be accepted.

The Tasmanian Chamber of Commerce and Industry Limited confirmed its consent to all the matters put to the Commission, including the agreed date of operation.

I accept the submissions of the parties and I am satisfied that the variations sought comply with the requirements of the Principles of the Commission and the Act.

The award will be varied as requested, operative from the first full pay period commencing on or after 29 November 1999.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
Mr I Paterson, Australian Municipal, Administrative, Clerical and Services Union
Mr D Dilger, Tasmanian Chamber of Commerce and Industry Limited
Mr G Goss, Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (29/11/99)

Date and place of hearing:
1999
August 18, September 16, November 29
Hobart