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Tasmanian Industrial Commission

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T3270, T3351 and T3384

 

TASMANIAN INDUSTRIAL COMMISSION

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

Transport Workers' Union of Australia,
Tasmanian Branch

(T.3270 of 1991)

Federated Clerks Union of Australia,
Tasmanian Branch

(T.3351 of 1991)

Federation of Industrial, Manufacturing and Engineering Employees
Tasmania Branch
(T.3384 of 1991)

PUBLIC VEHICLES AWARD

 

COMMISSIONER P A IMLACH

30 September 1991

Wage rates - State Wage August 1991 - Structural Efficiency Principle

REASONS FOR DECISION

These applications, which were joined at the outset, were for the implementation of the August 1991 State Wa a Case decision (the decision) 2.5% increase in the Public Vehicles Award the Award).

In support of its application the Transport Workers' Union of Australia, Tasmanian Branch (the TWU) sought the 2.5% increase in wages and all work related allowances.

The TWU also submitted that the previous structural efficiency principle (SEP) exercise in the Award had resulted in changes which meant that, except for one, all other requirements under the new SEP provision in the decision had been met.

It was confirmed that the TWU already had submitted a formal written commitment to the Wage Principles as required.

An operative date of the first full pay period commencing on or after 10 September 1991 was also sought by the TWU.

Both the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch and the Federated Clerks Union of Australia, Tasmanian Branch supported' the submissions of the TWU and sought the increases available under the decision from the same operative date as the TWU claimed.

Both unions already had submitted appropriate commitment letters to the Commission.

There was some confusion at the hearing as to the full settlement of the requirements under the new SEP and eventually, after an adjournment, the parties advised agreement to the following amendments aimed at completing the process:

· the introduction of a new consultative mechanism clause to apply in divisions A and C; and

· the addition in the contract of employment clause of a provision specifying that "an employer may direct an employee to carry out" certain duties.

The Tasmanian Confederation of Industries (the Confederation) confirmed its agreement to the applications and submitted that they satisfied the requirements specified under the decision. The Confederation also advised its agreement to the operative date sought.

I am satisfied that the requirements of the decision for the granting of the 2.5% increases have been met. The Award will be amended in the manner sought operative from the first full pay period commencing on or after 10 September 1991.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
B Hansh for the Transport Workers' Union of Australia, Tasmanian Branch.
S Pavlic for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmanian Branch.
D Fry for the Federated Clerks Union of Australia, Tasmanian Branch.
P Targett for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
September 4.