TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

Shop, Distributive and Allied Employees Association, Tasmanian Branch
(T13114 of 2008)

RETAIL TRADES AWARD

Award variation – application amended – loaded hourly rate - consent order – application granted – award varied – operative date ffpp 9 April 2008

REASONS FOR DECISION

[1] This is an application pursuant to s.23 of the Industrial Relations Act 1984 (the Act), made by the Shop, Distributive and Allied Employees Association, Tasmanian Branch and lodged on 31 March 2008. Subsequently, an amended consent draft Order was forwarded to the Commission on 3 April 2008.

[2] The application (as amended) sought to vary the Retail Trades Award; and in particular, to address the freeze placed on the loaded hourly rate as stated in the Full Bench decision of the Tasmanian Industrial Commission T2401 of 1990 dated 20 December 1990:

“The money amounts determined will not be made the subject of an application to vary until they equate with time and one half on Saturday and time and one quarter for late night trading.”[1]

[3] That equilibrium has been reached.

[4] Mr P Griffin requested the Commission, with the consent of the parties, to now remove the frozen rates and replace such rates with hourly rates based on calculations of time and one quarter on classification rates for rostered work performed on Thursday and Friday evenings, and time and one half on classification rates for rostered work performed on Saturday.

[5] Having heard the submissions from the parties, I am satisfied that the Retail Trades Award should be varied in the manner set out in the consent draft Order. In approving the application, I am satisfied it is not contrary to the public interest test required pursuant to s.36 of the Act.

[6] The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 9 April 2008.

James P McAlpine
Commissioner

Appearances:
Mr P Griffin for the Shop, Distributive and Allied Employees Association, Tasmanian Branch
Mr C Dodds, Australian Municipal, Administrative, Clerical and Services Union
Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited
Mr D McDougall for the Australian Retailers Association - Tasmania Division
Mr K Rice for the Tasmanian Farmers and Graziers Employer’s Association

Date and place of hearing:
2008
April 9
Hobart