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Tasmanian Industrial Commission

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T8737

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Trades and Labor Council
(T8737 of 1999 )

ALL AWARDS CONTAINING SUPPORTED WAGE SYSTEM PROVISIONS OF THE TASMANIAN INDUSTRIAL COMMISSION

See end of decision for Awards

 

FULL BENCH:
PRESIDENT F D WESTWOOD
COMMISSIONER R J WATLING
COMMISSIONER P A IMLACH

 

HOBART, 24 January 2000

Award variation - wage rates clause - "Supported Wage System" - adjust minimum amount payable from $45 per week to $51 per week - variations approved - orders to issue - operative from ffpp 1/2/00

REASONS FOR DECISION

This was an application by the Tasmanian Trades and Labor Council (the TTLC) to vary the Supported Wage System clauses in awards of the Commission by increasing the minimum amount payable to employees engaged under the system from $45 to $51 per week.

The Supported Wage System clauses were inserted in awards following a full bench decision of the Commission in matter T5985 of 1995 (the previous decision), which itself followed a decision of a full bench of the Australian Industrial Relations Commission (AIRC) on 10 October 1995 on the same subject.1

The AIRC described the Supported Wage System as facilitating:

" ... the engagement of workers with disabilities in open employment at a rate of pay commensurate with the employee's assessed productive capacity. The award variations were designed to complement other entitlements available to such employees through the social security system."

Whilst not specifically mentioned in the previous decision, it is clear from transcript and evidence that the minimum amount payable prescribed in the Supported Wage System clause is directly related to the Commonwealth Government's income test applicable to a single person receiving a Disability Support Pension.

In support of its application, the TTLC referred to the previous decision and relied on evidence from a pamphlet "A guide to Commonwealth Government payments", issued by Centrelink for the period 20 September to 31 December 1999, to show that the previous amount of fortnightly income allowable had been increased to $102 per fortnight, ie $51 per week.

The TTLC submitted that the application should be treated as a special case in accordance with the Principles of the Commission because the subject matter stood alone from other provisions in awards and had no connection with them.

The Health Services Union of Australia, Tasmania No. 1 Branch and The Australian Workers' Union, Tasmania Branch supported the submissions of the TTLC.

The Tasmanian Chamber of Commerce and Industry Limited advised the Commission that it was not opposed to the application and submitted that it was consistent with the Principles of the Commission and not against the public interest.

The parties were agreed that the variation sought should operate from the first full pay period to commence on or after 1 February 2000.

We accept the submissions of the parties and we are satisfied that the variation sought by this application ought to be made: the relevant awards will be varied as requested. Orders giving effect to this decision will be issued by members of the Commission and will operate from the first full pay period to commence on or after 1 February 2000.

 

F D Westwood
PRESIDENT

Appearances:
Mr P Baker, Tasmanian Trades and Labor Council
Mr C Stringer, Health Services Union of Australia, Tasmania No. 1 Branch
Mr R Flanagan, The Australian Workers' Union, Tasmania Branch
Mr J O'Neill, Tasmanian Chamber of Commerce and Industry Limited, the National Meat Association of Australia (Tasmanian Division), the Metal Industries Association Tasmania; The Hop Producers' Association of Tasmania, the Tasmanian Automobile Chamber of Commerce and the Australian Cement Holdings Pty Ltd.

Date and place of hearing:
2000
January 19
Hobart

1 Print L5723.

Awards Varied:
Australian Cement Holdings
Automotive Industries and Correction Order
Baking Industry
Bootmakers
Broadcasting and Television
Building and Construction Industry
Building Trades and Correction Order
Butter and Cheesemakers
Carriers
Catholic Education
Child Care and Childrens Services
Clay and Mud Products
Cleaning and Property Services
Clerical and Administrative Employees (Private Sector)
Clothing Industry
Community and Health Services (Public Sector)
Community Services
Concrete Products and Correction Order
Custodial Officers
Dairy Processing
Dental Employees
Dentists
Disability Service Providers
Draughting and Technical Officers (Private Industry)
Electrical/Electronic Trades (Public Sector)
Electrical Engineers
Entertainment
Estate Agents
Farming and Fruit Growing
Fibreglass and Plastics
Fish, Aquaculture and Marine Products
Fuel Merchants
Furnishing Trades
General Conditions of Employment
Governor of Tasmania Staff
Hairdressers
Health and Fitness Centres and Correction Order
Horticulturists
Hospitals
Hotels, Resorts, Hospitality and Motels
Ice Cream Makers and Correction Order
Independent Schools (Non-Teaching Staff)
Laundry and Dry Cleaning
Leather, Canvas and Sheet Plastic Fabrication
Licensed Clubs and Correction Order
Meat Processing Industry
Meat Retailing
Metal Trades (State Employees)
Miscellaneous Workers
Miscellaneous Workers (Public Sector)
Monumental Masons
Musicians
North West Regional Water Authority Employees
Nursing Homes
Optical Industries
Parliamentary Staff
Pasminco Hobart Smelter Enterprise and Correction Order
Pasminco Rosebery (Mining) and Correction Order
Photographic Industry
Plant Nurseries
Plumbers
Port Arthur Authority
Printers
Printing Authority of Tasmania
Produce
Public Vehicles and Correction Order
Quarrymens and Correction Order
Restaurant Keepers
Retail Pharmacy
Retail Trades
Rubber Trades
Security Industry
Shearing Industry
Shipbuilders
Shipping
Southern Regional Cemetery Trust Staff
Surveyors (Private Industry)
Tasmanian Ambulance Service
TEMCO Enterprise
Textile
Timber Merchants
Totalizator Agency
Transport Workers General
Vegetable Preservers
Veterinary Services
Wholesale Pharmaceutical
Wholesale Plant Bakeries
Wholesale Trades
Wireworking and Correction Order