T3789, T4965 and T3815
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 National Union of Workers Australian, Municipal, Administrative, Clerical and Services Union RUBBER TRADES AWARD
Wage rates - Classification standards - State Wage November 1989 - Structural Efficiency Principle - award modernisation - deletion of obsolete clauses - first minimum rates adjustment - consent matter - application granted - award varied - operative ffpp 15 April 1994 REASONS FOR FINAL DECISION On 19 June 1992 the Commission handed down its Reasons for Further Decision arising out of applications T. 3789 and 3815 of 1992 which granted the request of the parties to trial, in the Rubber Trades Award, a new structure and classification standards for a period of five months. That process was part of the ongoing programme to restructure the award in accordance with the Wage Fixing Principles. At that time, the parties indicated their intention to return to the Commission at the end of the trial period to insert the final new structure into the award. This, it was stated, would allow time to iron out any problems that were not foreseen during their discussions. In the final analysis the applications were amended to include consideration of the following subject matters in the context of award restructuring:
Although application T.3815 of 1992 included the consideration of minimum rates adjustments, a new application (T.4965 of 1994) was lodged by the National Union of Workers, Tasmanian Branch (NUW) to consider the same issue. The hearings on 12 and 15 April, 1994, were for the purpose of finalising all outstanding matters associated with these applications. Mr Strickland for the NUW tendered an exhibit (S2) which clearly identified all the matters before the Commission. This exhibit was in the form of a draft order which met with the approval of Mrs Dowd for the Australian, Municipal, Administrative, Clerical and Services Union and Mr Clues for the Tasmanian Chamber of Commerce and Industry Limited. Having heard the submissions from the parties and after examining the draft award variations (Exhibit S2) I have arrived at the conclusion that all the amendments sought in the award are in keeping with the Wage Fixing Principles as they are the final part of the award restructuring process (including award modernisation) for the industry falling within the scope of the award. The rates of pay contained in Clause 8 include the first minimum rates adjustment. Further adjustments under that Principle will take place in October, 1994, and April and October, 1995, however, they will be the subject of separate applications on each occasion. I am satisfied that the award variations sought by the parties do no harm to the Public Interest considerations required under the Act, therefore, the award will be varied in the manner set out in Exhibit S2 and will be operative from the first full pay period to commence on or after 15 April 1994. The Order giving effect to this decision is attached.
R J Watling Appearances: Date and place of hearing:
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