T582
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This application seeks to vary the Optical Industries Award (the Award) as follows: "Vary Part I - Wage Rates - Clause 2 - Margins (a) Adults
(b) Optical Worker Senior $286.20 p.w.
The application was lodged with the Registrar on 25 November 1986, but to suit the convenience of the parties was not listed for hearing until 17 February 1987. I was advised on that day that agreement had been reached between the applicant and Tasmanian Optical Company Pty Ltd on an appropriate variation to the Award. However, I had been contacted the same day by another employer bound by the Award who was opposed to the application. Proceedings were adjourned to allow discussions to take place to see if total agreement could be reached. This process took many months during which further proceedings and inspections at the Tasmanian Optical Company took place. On 4 July 1988, the Registrar received the following communication:
On 13 July 1988, I was advised by the Tasmanian Confederation of Industries, that there was no objection to the Award being varied as outlined in the letter detailed above. Having had the benefit of inspections in the workplace and submissions going to the merit, I am prepared to endorse the agreement of the parties. I accept Principle 12 as the appropriate principle under which this claim can be processed. While it could be said that the claim runs into difficulty with the second tier ceiling, I have accepted the submission of the ASE that in fact the work involved falls within the lesser functions of the Tradesman's role. Therefore, rather than this new classification being an upgrading of an existing non trades position, it is in fact a recognition that the consistent performance of some of the lesser functions of a tradesman does not necessarily justify the payment of the Tradesmans rate. The Award Correction Order will be varied from the first pay period commencing on or after 1 August 1988.
J.G. King
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