T282
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act, 1984
INTERIM DECISION
This application, made by the Tasmanian Chamber of Industries was the vehicle for dealing with three matters pertaining to the Vegetable Preservers' Award. 1. To insert wage rates for Boiler Attendants into the award. 2. To increase wage rates and allowances for Clerks paid under this award by 3.8%, thus reflecting the decision of the Full Bench in T. No 265 and T. No 266 of 1985. 3. Deleting any reference to the Secretary for Labour, where appearing in the award, and replacing it with the Tasmanian Industrial Commission. It is my intention to deal with matters 2. and 3. above in this Interim Decision on application T. No 282 of 1985. The question of whether or not wage rates for boiler attendants should be inserted into this award is a matter I have adjourned until 6 January 1986 at which time I will hear argument on the merits of the claim and make a decision. That will be the Final Decision on this application (T. No 282 of 1985) The first matter I want to deal with in the Interim Decision is the request by Mr S Durkin, representing the Federated Clerks Union of Australia (Tasmanian Branch), which was supported by Mr T Edwards of the Tasmanian Chamber of Industries, that wage rates and allowances affecting Clerks in this award, be varied as per the Full Bench decision in matters T. No 265 and T. No 266 of 1985. This request was made because the Federated Clerks Union was mindful of the Full Bench decision on 26 November 1985, which stated:
As the Food Preservers Union of Australia (Tasmanian Branch) [the other union a party to this award] had not given the commitment required by the Full Bench, the Federated Clerks Union expressed a view that their members should not be penalised or disadvantaged. The arguments of both parties can be summarised as follows: 1. The Federated Clerks Union had given a commitment to observe the Wage Fixation Principles for the next six months, both verbally and in writing. 2. The previous commitment given by the Federated Clerks Union to abide by the Wage Fixation Principles had been observed. 3. Part I, Section I of the award "Employees Other Than Clerks" does not contain wage rates but only refers to the wage rates prescribed in the award known as the Food Preservers Award made by the Conciliation and Arbitration Commission.
4. The Full Bench, when handing down its decision in T. No 265 and T. No 266 of 1985 had granted the National Wage increase to sections within awards. I am sympathetic to the arguments presented on this matter and I support the request. Varying Part I, Section II - Clerks, of this award does not have any bearing on Section I, as that section only contains a reference to the rates applying in the Federal Food Preservers Award and if the Federal office of the Food Preservers Union of Australia does not give the commitment required by the Australian Conciliation and Arbitration Commission, then it is a matter for them to decide whether the Federal award should be varied. This will have a flow-on effect to this award. I am of the view that as the Federated Clerks Union has given the commitment required by the Full Bench when determining applications T. No 265 and T. No 266 of 1985, then Clerks wage rates and allowances should be varied to reflect the National Wage decision. The Order giving effect to this decision is attached. Turning now to the request by all parties at the hearing to delete all references in the award, where appearing, to the Secretary for Labour and replace that reference with the Tasmanian Industrial Commission. I support this request and the award will be varied accordingly.
R J Watling |