T764
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This application, made by the Transport Workers' Union of Australia (Tasmanian Branch) [T.W.U.], was for the purpose of varying the Carriers Award. The matters contained in the application broadly fell into five categories:
After private discussions between the Commission and the parties, the applicant sought and was granted leave to withdraw the claims falling within categories (iii), (iv) and (v) above. Mr. Lynch, representing the T.W.U., indicated that a fresh application would be made at some future date to further consider the matters being withdrawn. That being the case, I am left to determine the claims falling within (i) and (ii) of the previously mentioned categories. 1. Alteration to the format and presentation of the wage rates appearing in Clause 8. This award contains a series of wage rates and classifications for employees falling within its scope. They are based on the tonnage of the vehicle the employee is required to drive; an example of which is as follows:
The application sought to delete reference to the number of the classifications and have them expressed in the manner exampled below.
For each additional complete tonne over 9 tonnes an extra 'x' cents (as part of the weekly wage rate for all purposes) shall be payable." The format and quantum were presented as an agreed matter by the parties and they requested the Commission to adopt the proposal thus bringing this award in line with the classifications appearing in the Transport Workers Award 1983, with which this award has a long standing nexus. The parties also informed me that altering the award in the manner sought would not provide an avenue for employees to gain wage increases and emphasised, in some cases, there may, be a very slight reduction. The reasons I support the proposition to vary Clause 8 of the award in line with the application are:
2. Clarification of cross referencing in certain clauses. The parties highlighted several clauses in the award where the cross references to other clauses were either incorrect or not properly stated. It was the submission of the parties that some of the errors had existed for a considerable period of time. They sought to rectify them by this application. These variations are of an administrative nature and receive my support. OPERATIVE DATE As nothing hinges on the operative date of this decision and for ease of processing the order, it is my intention to vary the award from the first full pay period commencing on or after 10 March 1987. This coincides with the decision of the Full Bench in the State Wage Case, which is also reflected in the attached order.
R.J. Watling |