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Tasmanian Industrial Commission

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T2425, T2529, T3458, T3459 - 4 December

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Australasian Society of Engineers, Tasmanian Branch
(T.2425 of 1990)

Federated Clerks Union of Australia, Tasmanian Branch
(T.2529 of 1990)

Transport Workers' Union of Australia,
Tasmanian Branch

(T.3458 of 1991)

Metals and Engineering Workers' Union
(T.3459 of 1991)

AUTOMOTIVE INDUSTRIES AWARD

 

COMMISSIONER P A IMLACH

4 December 1991

Wage rates - State Wage November 1989 - Structural Efficiency Principle second stage

REASONS FOR SUPPLEMENTARY DECISION

This supplementary decision became necessary after a number of mistakes and omissions were noticed in the original decision.

There were three significant matters requiring attention: on 21 November 1991 I wrote to all parties notifying them of the three items concerned, advising them of my proposals in relation to each and setting a date for a further hearing so that the parties could make submissions on the proposals, if they wished.

The proposals were as follows:

"1.     Minimum Wage - Adult Apprentices

The newly agreed Adult Apprentices provision makes reference to the Minimum Wage which is not specified in the Award.

I propose therefore to introduce the Commission's standard Minimum Wage clause to the Award as set out in the draft order.

2.     Ordinary Hours, ten and twelve hour shifts

I omitted to include a reference to this item in my decision, but consistent with it, I propose to endorse the Hours clause set out in Exhibit E2.

3.     Training - Literacy and Numeracy

At the hearing the Confederation indicated acceptance of the FMWU's proposal so long as it reflected the Metal Industries Award provision, it did not, so I propose (subject to agreement on the terms in the meantime) to omit any reference to it in the draft order."

At the hearing of these matters (a) the proposal for the insertion of a Minimum Wage provision was accepted by the parties, (b) there was no objection to the proposal to endorse the hours clause set out in Exhibit E2; I confirmed that the proposed provision was not unknown in other awards and was to be found in at least one of the Federal Awards equivalent to the Award and (c) the parties notified that no agreement had been reached for a literacy and numeracy training subclause in the Award.

As a result of all these proceedings, the Award will also be amended by:

(a) the insertion of a Minimum Wage clause; and

(b) the deletion of the present Hours clauses and the insertion of the Hours clause set out in Exhibit E2.

There being no agreement, a literacy and numeracy training subclause will not be included in the amendments to the Award.

During the course of the hearing in off the record discussions a number of errors and duplications appearing in the draft order were corrected by agreement and will be included in the order issued with this decision.

This supplementary decision will operate from the same date as the original decision, that is, from the first full pay period commencing on or after 29 0ctober 1991.

 

P A Imlach
COMMISSIONER

Appearances:
S Pavlic for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
H Dowd for the Federated Clerks Union of Australia, Tasmanian Branch.
G Warn for the Transport Workers' Union of Australia, Tasmanian Branch.
P Griffin for the Shop Distributive and Allied Employees' Association Tasmanian Branch.
T Edwards with R Murray for the Tasmanian Confederation of Industries and the Metal Industries Association Tasmania.

Date and place of hearing:
1991.
Hobart:
November 29.