TASMANIAN INDUSTRIAL COMMISSION

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

The Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch
(T.3238 of 1991)

Federated Clerks Union of Australia,
Tasmanian Branch
(T.3341 of 1991)

ICE CREAM MAKERS AWARD

Wage rates - State Wage 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) 2.5% increase to be applied to the Ice Cream Makers Award (the Award).

The Tasmanian Confederation of Industries (the Confederation) made submissions in support of the applications on behalf of all parties to the Award. The Confederation produced as an exhibit a draft order incorporating the 2.5% increase in all wage rates and work-related allowances in the Award.

The Commission was advised that negotiations were under way between the parties for a review of the classification structures in the Award and these would include the Minimum Rates Adjustments process. The Confederation submitted that with this latter exercise and the addition of provisions in the Award to comply with the SWC Structural Efficiency Principle (SEP) requirement "that an employer may direct an employee to carry out" certain duties, as set out in the draft order, the SWC decision requirements had been met in full.

It was noted that all this was in the context of the previous second SEP increase review of the Award which had resulted in many changes.

The Confederation sought for the increases to operate from the first full pay period commencing on or after 18 September 1991.

The two union applicants present at the hearing, the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch and the Federated Clerks Union of Australia, Tasmanian Branch confirmed their agreement to the Confederation's submissions and they also sought the same operative date as the Confederation.

Both unions advised that previously they had sent to the Commission formal commitments to the Wage Guidelines as required.

I am satisfied that all the requirements have been met and as indicated at the hearing, the applications are granted and the Award will be amended operative from the first full pay period commencing on or after 18 September 1991.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
R Hale for the Federated Clerks Union of Australia, Tasmanian Branch.
G Adams for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
M Sertori for the Tasmanian Confederation of Industries.

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