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T3355

 

TASMANIAN INDUSTRIAL COMMISSION

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

Federated Clerks Union of Australia,
Tasmanian Branch

(T.3355 of 1991)

TOTALIZATOR AGENCY AWARD

 

COMMISSIONER P A IMLACH

8 October 1991

Wage rates - State Wage August 1991 - Structural Efficiency Principle

REASONS FOR DECISION

This was an application made by the Federated Clerks Union of Australia, Tasmanian Branch (the Union) 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 Totalizator Agency Award (the Award).

In support of its application, the Union 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 November 1990. The only outstanding items related to the requirements (i) for a consultative mechanisms clause and (ii) a direction "to carry out" certain duties clause to be provided in the Award. The Union put forward a draft order which included what might be called standard clauses aimed at meeting the two outstanding items.

All parties agreed to the insertion of a suitable enterprise flexibility clause, which was also found to be outstanding.

The Union sought for the increases to operate from the first full pay period commencing on or after 12 September 1991 and confirmed that previously it had provided the required formal commitment.

The Tasmanian Confederation of Industries indicated its consent to the increases sought from the date agreed and confirmed that the requirements of the SWC decision had been met.

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 12 September 1991.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
A Grubb for the Federated Clerks Union of Australia, Tasmanian Branch.
T Abey for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
September 12