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T3252

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of an award

Transport Workers Union of Australia
Tasmanian Branch
(T3252 of 1991)

RETAIL TRADES AWARD

 

PRESIDENT F D WESTWOOD

12 NOVEMBER 1991

Award variation - superannuation clause - $17 adjustment for Transport Worker classifications

REASONS FOR DECISION

This application was to increase the employers' superannuation contributions in respect of driving classifications from $14 per week to $17 per week for full time employees.

The amount of $14 was inserted in the award with effect from 1 June 1989 as a result of a decision by the then President, Mr Koerbin, on 31 March 1989. That decision referred to a number of federal awards covering transport workers which contained rates starting with $12 per week then moving to $13 and $14. Since that time, the Commission was informed, the same federal awards have advanced to $15, $16 and now $17 per week.

In this jurisdiction the Carriers, and Public Vehicles Awards have been varied recently, by consent, to reflect the new rate of $17 per week for full time employees. The State Transport Workers General Award was similarly varied by Commissioner Imlach1, with effect from 10 September 1991, following a contested hearing.

This application was adjourned at the request of the parties, pending the decision of Commissioner Imlach, on the understanding that the outcome in that matter would be translated into this award.

Mr Abey qualified his consent to his arrangement by requesting that I be satisfied that the increase was not contrary to the Wage Fixing Principles. In that respect I am comforted by Superannuation Full Bench hearings in the Federal jurisdiction which found that the original $12 and $13 did not offend the wage fixing principles. The Tasmanian principles mirror the Federal principles in respect of superannuation. However, it is unfortunate that the Transport Workers Union continues to pursue a fixed amount rather than the generally accepted 3% of ordinary time earnings. It could well come to pass as a result of union amalgamations and enterprise negotiations that this minor aberration will disappear.

In the meantime I approve the proposed variation to Clause 36 of the Award effective from the first full pay period commencing on or after 12 November 1991. The necessary order is attached.

 

F D Westood
PRESIDENT

APPEARANCES:
Mr B Hansch for the Transport Workers Union of Australia, Tasmanian Branch.
Mr T J Abey for the Tasmanian Confederation of Industries

DATE AND PLACE OF HEARING:
1991
Hobart
September 13
November 11

1 T.3212 of 1991, decision dated 23 September 1991