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T3101

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Federated Ironworkers' Association of Australia
Tasmanian Branch

(T.3101 of 1991)

WIREWORKING AWARD

 

COMMISSIONER P A IMLACH

19 June 1991

Wage Rates - State Wage Case October 1989 - minimum rates adjustment principle

REASONS FOR DECISION

This was an application under Section 23 of the Act by The Federated Ironworkers' Association of Australia, Tasmanian Branch (the Union) for the implementation of the first minimum rates adjustment (MRA) in the Wireworking Award (the Award).

The parties to the Award had agreed (as part of the settlement in that matter) to the MRA's at the time of the Structural Efficiency Principle increase implementation.1

The Union simply sought the MRA increase as agreed and in accordance with the present Wage Principles.

The Tasmanian Confederation of Industries (the Confederation) opposed the granting of the MRA increase on the grounds that the Union had breached the commitment to the Wage Principles it had made at the time of the introduction of those Principles by the Commission in October 1989.

In support of its submission the Confederation produced as an exhibit a copy of a letter of demand the Union had sent recently to the one Company at present covered by this Award, Titan Wire Products of Hobart, seeking what is generally called the "Wages Accord Mark VI.

The commitment as set out in the Award is as follows:

"PROVIDED THAT it is a term of this award (arising from the decision of the Tasmanian Industrial Commission in the State Wage Case of 30 October 1989) that the unions undertake, for the duration of the principles determined by that decision, not to pursue any extra claims, award or over award, except where consistent with those principles."

At the hearing I engaged in some discussion with the advocates as to the legalities of agreements reached outside the Commission, but on looking at the commitment and especially the words, "...not to pursue any extra claims, award or over award..." it is undeniably clear that a claim for increases, made outside the present Guidelines, breaches those Guidelines and therefore this application is unable to be endorsed unless the Union withdraws its over award claim on the Company or the present Guidelines are changed.

The application is dismissed.

 

P A Imlach
COMMISSIONER

Appearances:
E Smyth for The Federated Ironworkers' Association of Australia, Tasmanian Branch.
W Fitzgerald for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
June 14.

1 T2214