T4568
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union CHILD CARE & CHILDRENS SERVICES AWARD
Award variation - insertion of Traineeship clauses REASONS FOR DECISION In this matter the Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch (the Union) sought the variation of the Child Care and Childrens Services Award to include Australian Traineeship System (ATS) provisions. The application also contemplated deleting the 1st year of service rate of pay for "trained juniors" as set out in Clause 8(a) and (b) of the award. That part of the application was not proceeded with given concerns raised by the Commission about how the proposed variation could be processed having regard to the requirements of the Wage Fixing Principles. In specific terms the Commission sought to focus the attention of the parties on the application of the Structural Efficiency principle, which inter alia, exhausted all work value considerations up to the time of the awarding of the second instalment increase or, as in this case, the finalisation of the structural efficiency and award restructuring process. Given those circumstances, the effect of what the parties wished the Commission to endorse would have been to establish a new rate of pay for "trained juniors" without taking into account the limitations imposed by the Principles. It is my understanding that the parties will discuss the issues raised by the Commission with the objective of bringing forward a consent application for the further consideration of the Commission. With regard to the ATS provisions to be included in the award, I am satisfied that they are consistent with the arrangement endorsed by the Commission from time to time. Accordingly the award will be varied in the manner requested. The order, operative from 22 September 1993, is attached.
R K Gozzi Appearances: Date and Place of Hearing: |