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T3273

 

TASMANIAN INDUSTRIAL COMMISSION

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

Transport Workers' Union of Australia,
Tasmanian Branch

(T.3273 of 1991)

PUBLIC VEHICLES AWARD
TRANSPORT WORKERS GENERAL AWARD

 

COMMISSIONER P A IMLACH

18 September 1991

Award variation - labour on-costs - superannuation - notices (posting)

REASONS FOR DECISION

This was an application made under Section 23 of the Act by the Transport Workers' Union of Australia, Tasmanian Branch (the Union) for an amendment to the Public Vehicles Award (the Award) to increase the contribution rates prescribed in the superannuation clause of the Award.

The TWU sought the increases following the granting of similar increases in the Transport Workers Superannuation (Consolidated) Award 1987 of the Australian Industrial Relations Commission (the AIRC).1 Specifically the increases sought were from $16.00 per week to $17.00 per week for the contribution for full-time workers and appropriate increases in the graduated rates of contributions prescribed for casual employees.

It should be noted here that around the time of the introduction of award-based superannuation requirements a precedent was established, first by the AIRC and then by this Commission whereby some transport workers' awards (including the Award) prescribed flat rate superannuation contributions (as opposed to the standard 3% of ordinary time earnings). The flat rate was agreed to be altered from time to time on the basis of a formula. Any increases were only to apply when the formula yielded an increase higher than 50 cents. This application has arisen out of that process previously established.

At the hearing the Federation of Industrial, Manufacturing and Engineering Employees, Tasmanian Branch (FIMEE) appeared and supported the TWU's application.

The Tasmanian Confederation of Industries (the Confederation) advised its consent to the increases sought on the basis that the precedent had been established. This consent was, however, on the condition that the claimed increases would not operate until the date of operation of the recent 2.5% State Wage Case decision increase in the Award since the increases claimed included consideration of that latest decision.

The TWU confirmed its agreement to the operative date mentioned by the Confederation.

In view of the precedent I endorse the agreement between the parties including the operative date which has since been set for the first full pay period commencing on or after 10 September 1991.

An order is attached.

 

P A Imlach
COMMISSIONER

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

Date and place of hearing:
1991.
Hobart:
August 30

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