TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T.3220 of 1991)

CLAY AND MUD PRODUCTS AWARD.

Wage rates - State Wage August 1991 - Structural Efficiency Principle

REASONS FOR DECISION

This was an application by the Australian Workers' Union, Tasmania Branch (the Union) for the August 1991 State Wage Case (SWC) decision 2.5% increase to be implemented in the Clay and Mud Products Award (the Award).

The Union canvassed the Structural Efficiency Principle (SEP) set out in the SWC decision to demonstrate that nearly all the requirements therein had been met in the Award. There were two items outstanding and to meet them the Union produced exhibits showing:

• the proposed minimum rates adjustment process to commence at the date of operation of this decision; and

• an addition to Clause 37 - Termination of Employment of the Award providing as required in the words of the Principles that an employer may "direct an employee to carry out" certain duties. Further on the recommendation of the Tasmanian Confederation of Industries (the Confederation) the clause will be retitled Clause 13A - Contract of Employment.

The Union produced an exhibit showing the new rates and allowances to be inserted in the Award. It also advised that the required commitment would be forwarded to the Commission and it was received soon after.

An operative date of the first full pay period commencing on or after 6 September 1991 was sought by the Union.

The Confederation confirmed its agreement to the application and also outlined the significant changes brought about when the Award was introduced in recent times in reality superseding another outdated award.

The Confederation agreed also to the operative date sought.

As indicated at the hearing I am satisfied that all the requirements of the SEP in the SWC decision have been met in this case. The Award will be varied as sought operative from the first full pay period commencing on or after 6 September 1991.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
J Wilkinson for The Australian Workers' Union, Tasmania Branch.
T Edwards for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
September 6.