T3204, T3242, T3235, T3288 and T3336
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Bakery Employees' and Salesmens' Federation of Australia The Federated Miscellaneous Workers Union of Australia Federation of Industrial, Manufacturing and Engineering Employees Federated Clerks Union of Australia, Tasmanian Branch BAKERS AWARD
Wage rates - State Wage August 1991 - Structural Efficiency Principle - classification structure - minimum rates adjustment REASONS FOR DECISION These matters, which were joined at the outset, included applications for the insertion of a new classification structure and a minimum rate adjustment (MRA) in the Bakers Award (the Award) and for an increase in wage rates and allowances in the Award by 2.5% in accordance with the August 1991 State Wage Case decision (the decision). The original application, T.3204 of 1991 was made by the Bakery Employees' and Salesmens' Federation of Australia, Tasmanian Branch (the BESFA). All the unions party to the Award appeared at the hearing and generally speaking, by agreement, one advocate made submissions on their behalf. The Award had been the subject of a second Structural Efficiency Principle (SEP) increase review in late 19901: part of that process had been an on-going commitment to negotiate a new classification structure for the Award. In these matters a complete proposal for the new classification structure was submitted in the form of an exhibit. This also included a detailed proposal for the implementation of the MRA process in the Award. It was acknowledged, however, that the proposals were just that and negotiations were still due. That being the case the Unions sought to put aside that part of their claim and to pursue only the 2.5% increase. The Commission was also advised that the parties had reaffirmed a previous commitment to negotiate an improved hours of work clause for the Award and that a definite time frame for that process had been agreed. In support of the claims for the implementation of the decision, the unions' advocate reminded the Commission in detail of the previous SEP changes which had been made in the Award and how a number of them fulfilled the requirements in the decision to be met before the 2.5% increase was granted. It was submitted that the only requirements outstanding were:
The Tasmanian Confederation of Industries (the TCI) appeared on behalf of the bakery employers and confirmed agreement to the applications for the decision increase of 2.5% and the submissions related to that. As to the proposed classification structure and the MRA process the TCI confirmed its commitment to negotiate a settlement on both matters, but was not prepared to indicate agreement at that stage: the same applied to the hours of work negotiations. The TCI agreed that the requirements in the decision for the granting of the 2.5% increase had been met. As indicated at the hearing, I am satisfied that the detailed requirements under the SEP in the decision have all been met in this case and the Award will be amended, therefore, with an increase of 2.5% in all wage rates and work related allowances. The increases will operate from the first full pay period commencing on or after 29 August 1991. Application T.3204 of 1991, which sought a new classification structure and MRA implementation will be put aside and relisted at the request of the BESFA when required. An order is attached.
P A Imlach Appearances: Date and place of hearing: |