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Tasmanian Industrial Commission

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T2787 and T2799

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application or awards and variation of awards

The Amalgamated Society of Carpenters and Joiners of Australia,
Tasmanian Branch
(T.2787 of 1990)

The Building Workers'.Industrial Union of Australia
Tasmanian Branch
(T.2799 of 1990)

and

Tasmanian Confederation of Industries

The Master Builders' Association of Tasmania

 

COMMISSION R J WATLING

1 February 1991

Wage Rates - First Minimum Rates Adjustment - Application Granted Operative Date F.F.P.P. 1 November 1990

REASONS FOR DECISION

These applications, made by the Amalgamated Society of Carpenters and Joiners and the Building Workers' Industrial Union, are to vary Division E of the Building Trades Award to include the first minimum rate adjustment from an agreed operative date, that being the first full pay period to commence on or after 1 November 1990.

In presenting their submissions, the parties informed the Commission that appropriate relativities had been established using the tradesperson as 100%. As a result, the classifications of Signwriter, Marker or Setter Out and Tradesperson Special Class would be 105% of the base tradesperson rate.

The Unions having members falling within this division of the award formally acknowledged that the application of the minimum rates adjustment increases would alter existing relativities between classifications and they gave an undertaking not to pursue any claim to re-establish existing relativities.

They also agreed that increases in wage rates arising out of minimum rates adjustments were to be absorbed against existing overaward payments and than no action will be taken by them to re-establish pre-existing levels of over award payments.

The actual minimum rates adjustment increases over the various classifications were outlined in Exhibit BWIU 1 with the exception of Shopfitter (as defined) which should have read the same as the base tradesperson.

In relation to the minimum rates adjustments the Wage Fixing Principles state the following:

"(i) the appropriate adjustments in any award will be applied in not less than 4 instalments which will become payab le a t 6 month ly interva ls;

(ii) in appropriate cases longer phasingin arrangements may be approved or awarded and/or parties may agree that part of a supplementary payment should be based on service;

(iii) the first instalment of these adjustments will not be available in any award prior to 1 January 1990 or 3 months after the variation of the particular award to implement the first stage structural efficiency adjustment, whichever is the later;

(iv) the second and subsequent instalments of these adjustments will not be automatic and applications to vary the relevant awards will be necessary; and

(v) acceptance of absorption of these adjustments to the extent of equivalent overaward payments is a prerequisite to there being applied in any award."

I am satisfied the application complies with the Wage Fixing Principles and the public interest requirements of the Act. Therefore, the claim is granted in the manner sought by the parties including the operative date of the first full pay period on or after 1 November, 1990.

The order giving effect to this decision is attached and I take this opportunity to remind the parties that the second instalment of the minimum rates adjustment will not be automatic and will require a separate application.

 

R J Watling
COMMISSIONER

Appearances:
Mr M Clifford for the Building Workers' Industrial Union.
Mr A Grubb for the Amalgamated Society of Carpenters and Joiners.
Mr T Edwards for the Tasmanian Confederation of Industries.
Mr A Lenthall for the Master Builders' Association of Tasmania.

Date and place of hearing:
1991
Hobart
January 15