T4795 - 18 January
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union - CHILD CARE AND CHILDRENS SERVICES AWARD
Wage Rates - State Wage Case December 1993 - arbitrated safety net adjustment 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 give effect to the $8.00 a week arbitrated safety net adjustment as determined in the 24 December 1994 State Wage Case decision. Mr O'Brien for the union submitted that the award had undergone significant restructuring and that the minimum rates adjustment had been completed. He indicated that enterprise discussions were proceeding and that it was appropriate in all of the circumstances for the Commission to vary the award in the manner requested. Mr Abey for the Tasmanian Chamber of Commerce and Industry Limited (TCCI) submitted that he had only limited time to obtain instructions in this matter, complicated by the fact that most child care centres were still closed given that demand for their services in January was not at a peak. Accordingly he requested the matter to be adjourned so as the implications of the $8.00 increase could be properly considered. He referred also to the need for child care centres to review their funding requirements as any increase in wage rates would have to be met from operational requirements. Mr Abey also indicated an intention to make submissions that the Child Care and Childrens Services Award is a paid rates award and that he wished to mount a case in that regard. He submitted that the issue of what constituted a paid rates award has not been tested to any significant degree by the Commission and that he should be permitted an adjournment to enable the calling of witnesses as may be appropriate. Further Mr Abey referred to Federal Commission proceedings where Commissioner Leary has adjourned for decision to consider, as I understand it, whether or not to award the $8.00 increase in the federal counterpart to the Child Care and Childrens Services Award. The issue of paid rates is also involved in that particular federal matter. Mr O'Brien submitted that the federal award was not the same as the Child Care and Childrens Services Award given that classifications above level 2 in the federal award are all promotional levels. He also submitted that the making of the federal award followed the Tasmanian State award (Child Care and Childrens Services Award) and that the concession made in the proceedings before Commissioner Leary that the federal award is a paid rates award has never been made in Tasmania. In the circumstances Mr O'Brien opposed the adjournment. As indicated to the parties in the proceedings I am of the opinion that it is reasonable to allow a period of adjournment so as to enable Mr Abey to discuss the application with industry representatives. I accept that because of child care centres not being substantially operational at this time of the year that this has created some difficulties for him. I also accept that these difficulties have not allowed for the calling of witnesses in respect of the paid rates issue. With regard to the matter of whether or not the Child Care and Childrens Services Award is a minimum rates or a paid rates award, I have referred this matter to the President pursuant to Section 24(4)(a) and (b) of the Act.
R.K. Gozzi Appearances: Date and Place of Hearing: |