T5535 T5536 T5537 T5538 T5490 T5495 - 23 June 1995
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Minister for Industrial Relations and Training AUTOMOTIVE INDUSTRIES AWARD
New Award - National Training Wage - including industries of certain awards within the jurisdiction of the Commission - application granted - operative ffpp 16.6.95 REASONS FOR DECISION The Commission received a total of seven applications which sought to make special provision in various private sector awards for a national training wage as contemplated by the Commonwealth Government's White Paper on Jobs Growth entitled "Working Nation". There was initially a diversity of approaches adopted by the various parties in seeking the best method of giving effect to the desired outcome. The Minister for Industrial Relations and Training sought in application T No 5495 to vary the Retail Trades Award; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union sought in application T No 5490 of 1995 to vary the Automotive Industries Award, and by separate application in T No 5509 of 1995 to create a new National Training Wage Award having as its scope the industry covered by the Automotive Industries Award; the Tasmanian Chamber of Commerce and Industry Ltd (TCCI) sought in application T No 5538 to create a new National Training Wage (Tasmanian Private Sector) Award which would be applicable to industries falling within the scope clause of a significant number of nominated existing awards; TCCI also sought in application T No 5535, T No 5536 and T No 5537 of 1995 to vary the Administrative and Clerical Employees Award, the Miscellaneous Workers Award, and the Transport Workers General Awards respectively to link them with the proposed National Training Wage (Tasmanian Private Sector) Award. There also existed a situation where some organisations of employees opposed the notion of a training wage being made the subject of award prescription whereas others agreed. The Commission sought to facilitate the resolution of the differences which existed between the parties by firstly directing them into conferences and then conferring privately with a representative group. In the result it was agreed that the number of applications being actively pursued be reduced in number to four (4) for practical reasons, being TCCI applications T.5538, T.5535, T.5536 and T.5537 of 1995. It also became apparent that the schedule of awards listed in application T.5538 of 1995 could be divided into two groups, i.e. those where there was agreement to their inclusion (or no opposition had been expressed in this regard) and those whose inclusion was opposed. Having identified the issues we then heard argument concerning the question of merit of the proposals before us concerning a national training wage and associated provisions. In this regard we were provided with a number of exhibits which included the following:
We also heard submissions from those who supported the concept of award provisions as proposed as well as from those who opposed the idea. Decision We now confirm our decision which was announced at the conclusion of proceedings on Friday 16 June 1995. We advise that we have had regard for all of the evidence and material placed before us and the submissions made which went to the advantages of making a new award to be known as the National Training Wage (Tasmanian Private Sector) Award in the terms of application T No 5538 of 1995. Similarly we have given consideration to the correspondence received and the submissions made by other organisations who either expressed an objection to the inclusion of certain industries covered by awards in which they have a registered interest, or who still held reservations in this regard. Having weighed the competing positions we have decided that the principal proposal before us contained in application T.5538 of 1995 has merit and is consistent with the Commission's Wage Fixing Principle2 and public interest. Accordingly we have decided to make a new award in the terms of TCCI application T No 5538 of 1995, as amended. Such award will initially extend only to those industries falling within the scope of awards listed in revised schedule "A" which is appended to our decision. The question as to the possible inclusion of other awards which were the subject of objection will be considered by us at a further hearing which will be held at Hobart commencing at 10.30am on Friday 7 July 1995. At that hearing we will need to be advised if previous objections are still held or if there is consent to extend the application of the new award as originally proposed. Objecting organisations will be heard in relation to all of the awards in which they have a registered interest, which should be listed. We understand that the TTLC will assist by co-ordinating the response of affiliate organisations in this regard. As previously expressed on 16 June 1995 we have also decided for the same reasons to amend three occupational awards namely the:
Those awards were the subject of TCCI applications in matters T No 5535, T No 5536 and T No 5537 of 1995. Those awards will be amended to include a provision relating to the application of the National Training Wage (Private Sector) to employees covered by those awards. Operative Date The date of effect of those matters actually decided will be the first full pay period to commence on or after 16 June 1995. Orders are attached.
Appearances: Date and Place of Hearing: SCHEDULE A Aerated Waters Award 1 Print L5188 |