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Tasmanian Industrial Commission

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T9245 T9248 T9251 T9275 T9278

 

TASMANIAN INDUSTRIAL COMMISSION

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

See end of Decision for Awards

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch

(T9245 of 2000)
Aerated Waters Award
Automotive Industries Award
Baking Industry Award
Cleaning and Property Services Award
Fibreglass and Plastics Award
Furnishing Trades Award
Health and Fitness Centres Award
Hotels, Resorts, Hospitality and Motels Award
Ice Cream Makers Award
Independent Schools (Non Teaching Staff) Award
Laundry and Dry Cleaning Award
Leather, Canvas and Sheet Plastic Fabrication Award
Licensed Clubs Award
Miscellaneous Workers Award
Restaurant Keepers Award
Retail Trades Award
Security Industry Award
Shipping Award
Veterinary Services Award
Wholesale Plant Bakeries Award

Australian Municipal, Administrative, Clerical and Services Union
(T9248 of 2000)
Barristers and Solicitors Award
Broadcasting and Television Award
Clerical and Administrative Employees (Private Sector) Award
Community Services Award
Disability Service Providers Award
Estate Agents Award
Fuel Merchants Award
Insurance Award
Marine Boards Award
Medical Practitioners (Private Sector) Award
Photographic Industry Award
Public Accountants Award
Softgoods Award
Textile Award
Totalizator Agency Award
Wholesale Trades Award

Shop, Distributive and Allied Employees Association, Tasmanian Branch
(T9251 of 2000)
Automotive Industries Award
Bootmakers Award
Hairdressers Award
Insurance Award
Retail Pharmacy Award
Retail Trades Award
Timber Merchants Award
Wholesale Trades Award

The Australian Workers' Union, Tasmania Branch
(T9275 of 2000)
Australian Cement Holdings Enterprise Award
Automotive Industries Award
Bootmakers Award
Butter and Cheesemakers Award
Clay and Mud Products Award
Concrete Products Award
Civil Construction and Maintenance Award
Dairy Processing Award
Farming and Fruit Growing Award
Fish Aquaculture and Marine Products Award
Horticulturists Award
Leather, Canvas and Sheet Plastic Fabrication Award
Meat Processing Award
Metal and Engineering Industry Award
Monumental Masons Award
Optical Industries Award
Pasminco Hobart Smelter Enterprise Award
Pasminco (Rosebery) Mining Award
Plant Nurseries Award
Produce Award
Public Vehicles Award
Quarrymens Award
Rubber Trades Award
Shellfish Industry Award
Timber Merchants Award
Wireworking Award

The Australasian Meat Industry Employees Union, Tasmanian Branch
(T9278 of 2000)
Meat Retailing Award

 

FULL BENCH:
DEPUTY PRESIDENT R J WATLING
COMMISSIONER P A IMLACH
COMMISSIONER T J ABEY

HOBART, 23 November 2000

Award variation - nominated private sector awards - meal allowance - increase to reflect CPI movements - 3.75 % - applications granted - operative ffpp 23 November 2000

REASONS FOR DECISION

These five applications were made for the purpose of varying certain private sector awards to increase meal allowances, however expressed. At the commencement of the hearing the Commission, with the consent of all parties, joined the applications.

Mr I Paterson, for the Australian Municipal, Administrative, Clerical and Services Union (AMACSU), who presented the lead submission for the applicants, contended that the applications were entirely consistent with principles established by a Full Bench of this Commission in T5763 of 1995. He submitted that, consistent with the formula developed in that case, the relevant Consumer Price Index (Weighted Average of Eight Capital Cities) measure-"Meals out and take away foods"- showed a percentage increase of 3.75 percent from the June quarter1999 up to and including the June quarter 2000.

Mr Paterson submitted that the Commission should vary all the awards, being the subject of these applications, by increasing the meal allowance by the said 3.75 percent. Such variations, Mr Paterson contended, complied with Principle 7 of the Wage Fixing Principles (Allowances) and contain no elements that were contrary to the general public interest provisions of Section 36 of the Industrial Relations Act 1984. The operative date for the proposed variations, Mr Paterson said, should be the first full pay period commencing on or after 23 November 2000.

Mr C Brown, for the Health Services Union of Australia, Tasmania No 1 Branch; Mr R Flanagan, for The Australian Workers' Union, Tasmania Branch; Mr P Griffin, for the Shop, Distributive and Allied Employees Association, Tasmanian Branch; and Mr G Goss, for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch; all supported Mr Paterson's submissions.

Mr J O'Neill, who appeared for the Tasmanian Chamber of Commerce and Industry Limited and the Australian Mines and Metals Association (Incorporated), said the he did not oppose the applications nor the suggested operative date. He also submitted that the proposed variations complied with the Wage Fixing Principles and did not offend the public interest provisions of Section 36 of the Act.

At the conclusion of the hearing we indicated our intention to approve the applications. We now confirm that oral decision to vary the meal allowances, however expressed, in all awards listed in Appendix I attached hereto, by 3.75 percent (rounded off to the nearest 5 cents) from the beginning of the first full pay period to commence on or after 23 November 2000. The Members of the Commission responsible for each of the nominated awards will issue orders in due course.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union.
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch.
Mr P Griffin for the Shop, Distributive and Allied Employees Association, Tasmanian Branch.
Mr G Goss for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
Mr C Brown for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr J O'Neill for the Tasmanian Chamber of Commerce and Industry Limited and the Australian Mines and Metals Association (Incorporated)

Date and Place of Hearing:
2000
November 23
Hobart

APPENDIX I

AWARD

CLAUSE

Aerated Waters Part IV - Clause 4 - Meal Allowance    
Australian Cement Holdings Enterprise 22 - Overtime (k)(i) & (ii) Meal Money
Automotive Industries 22 - Overtime
40 - Vehicle Salesperson - Conditions for Employees
(i)(i)
(f)(i) & (ii)
Tea Money
Meal Allowance
Baking Industry 22 - Overtime (e) Meal Money
Barristers and Solicitors Part IV - Allowances
Clause 1 - Tea Money
(a)  
Bootmakers 23 - Meal Money
46 - Tea Money
(a)
(a)
 
Broadcasting and Television 21 - Meal Allowance    
Butter and Cheesemakers 21 - Meal Interval and Allowance (b)  
Civil Construction and Maintenance 23 - Meal Allowance    
Clay and Mud Products 22 - Meal Allowance    
Cleaning and Property Services 19 - Meal and Meal Allowance (b)  
Clerical and Administrative Employees (Private Sector) 38 - Tea Money (a)  
Community Services Part IV- Allowances, Clause 4 - Meal Break and Meal Allowance (c)  
Concrete Products 25 - Meal Intervals and Allowances (c)  
Dairy Processing 19 - Overtime (f) and (g)  
Disability Service Providers 22 - Meal and Meal Allowance (c)  
Estate Agents 29 - Tea Money
31 - Travelling Time, Allowances and Board
(a)  
Farming and Fruit Growing 9 - Allowances (b) Meal Allowance
Fibreglass and Plastics 17 - Meal Interval and Meal Allowance (b)  
Fish, Aquaculture and Marine Products Part IV - Allowances,
2 - Meal Allowance
(a)  
Fuel Merchants 25 - Meal Times (c)(i)  
Furnishing Trades 25 - Overtime - Day Workers
67 - Tea Money
(g)(I)
(a)
Meal Money
Tea Money
Hairdressers 18 - Meal Allowance (a)  
Health and Fitness Centres 15 - Meal Allowance (a)  
Horticulturists 21 - Meal Interval and Allowance (b)  
Hotels Resorts Hospitality and Motels 23 - Meal Money
60 - Meal Money
   
Ice Cream Makers 18 - Meal and Meal Allowance (b)  
Independent Schools (Non-Teaching Staff) 22 - Meal and Meal Allowance (b)  
Insurance 19 - Meal Money (a)  
Laundry and Dry Cleaning 21 - Overtime (b)  
Leather, Canvas And Sheet Plastic Fabrication 15 - Meal Interval And Meal Allowance (b)  
Licensed Clubs 24 - Meal (Tea) Money    
Marine Boards 22 - Meal Allowance    
Medical Practitioners (Private Sector) 18 - Meal Allowance    
Meat Processing Industry 9 - Allowances   Meals
Meat Retailing 9 - Allowances   Meals
Metal and Engineering Industry 22 - Overtime (g) Meal Allowance
Miscellaneous Workers 9 - Allowances (d) Meal Allowance
Monumental Masons 15 - Meal Allowance (a)  
Optical Industries 37 - Tea Money (a)  
Pasminco Hobart Smelter Enterprise (formerly Electrolytic Zinc) Part V - Hours of Work, Penalty Payments, Shiftwork and Overtime
5 - Overtime
(n) and (o)  
Pasminco Rosebery (Mining) 22 - Overtime (i)  
Photographic Industry 29 - Tea Money (a)  
Plant Nurseries Part IV - Allowances
1 - Allowances
(c) Meal Allowance
Produce Part IV - Allowances
5 - Meal Allowance
   
Public Accountants 30 - Tea Money    
Public Vehicles 22 - Overtime (Division A)
40 - Overtime (Division B)
(c)
(b)
 
Quarrymens 26 - Overtime (d) Meal Money
Restaurant Keepers 22 - Meal Allowance (a)  
Retail Pharmacy Part IV - Allowances
Clause 3 - Meal Breaks, Rest Periods and Meal Allowances
(b) (i) Meal Allowance
Retail Trades 38 - Tea Money (a)  
Rubber Trades 18 - Meal Allowance    
Security Industry 21 - Meals and Meal Allowances    
Shellfish Industry 18 - Meal Allowance    
Shipping 19 - Meal Allowance (a)  
Softgoods 34 - Tea Money (a)  
Textile 32 - Tea Money
51 - Overtime
(a)
(c)(i)
 
Timber Merchants 26 - Overtime, Saturday, Sunday and Holiday Payments (c)(i) Meals and Meal Allowances
Totalizator Agency 17 - Rest Pauses and Meal Breaks
38 - Tea Money
(a)  
Veterinary Services 17 - Meal and Meal Allowance (b) & (c)  
Wholesale Plant Bakeries 22 - Overtime (e) Meal Money
Wholesale Trades 18 - Meal Hours and Tea Money (d)  
Wireworking 22 - Overtime (g) Meal Allowance