TASMANIAN INDUSTRIAL COMMISSION

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

National Union of Workers, Tasmanian Branch
(T.3224 of 1991)

Federation of Industrial, Manufacturing and Engineering Employees
Tasmania Branch
(T.3289 of 1991)

The Federated Engine Drivers' and Firemen's Association of Australasia,
Tasmanian Branch
(T.3290 of 1991)

Federated Clerks Union of Australia, Tasmanian Branch
(T.3350 of 1991)

PRODUCE AWARD

Wage rates - State Wage Case August 1991 - Structural Efficiency Principle

REASONS FOR DECISION

These applications, which were joined at the outset, were for the August 1991 State Wage Case (SWC) decision 2.5% increase to be applied to all wage rates and work related allowances prescribed in the Produce Award (the Award).

In the main, the Tasmanian Confederation of Industries (the Confederation) in support of the applications and on behalf of all parties submitted that the increases should be granted on the basis that nearly all of the requirements of the Structural Efficiency Principle (SEP) specified in the SWC decision had been implemented in the Award at the time of the second SEP increase process in September this year.

There were some SEP items outstanding, however, and the Confederation produced an exhibit which, as well as containing the new wage rates and allowances contained draft clauses aimed at meeting the outstanding items. They were:

· a new Consultative Procedures clause;

· a provision to be inserted in the Engagement and Termination Thereof clause whereby "an employer may direct an employee to carry out certain duties";

The unions present at the hearing also canvassed the SEP requirements and confirmed agreement to the additional items in the draft order submitted.

As well the unions party to the Award have submitted formal commitment letters to the Commission as required.

All parties sought for the increases and amendments to operate from the first full pay period commencing on or after 13 September 1991.

As indicated at the hearing I am satisfied that the parties have complied with the requirements of the SWC decision. The Award will be varied in the manner sought operative from the first full pay period commencing on or after 13 September 1991.

P A Imlach
COMMISSIONER

Appearances:
A Grubb for the Federated Clerks Union of Australia, Tasmanian Branch.
S Pavlic for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
P Griffin for the Shop Distributive and Allied Employees' Association Tasmanian Branch.
D Strickland for the National Union of Workers, Tasmanian Branch.
M Sertori for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
September 13.