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T4798

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch

(T.4798 of 1994)

INDEPENDENT SCHOOLS (NON TEACHING STAFF) AWARD

 

COMMISSIONER P A IMLACH

18 January 1994

Wage rates - State Wage Case December 1993 - $8 increase

REASONS FOR DECISION

This was an application made by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the Union) for the $8 arbitrated safety net adjustment, determined by a full bench of the Commission in the State Wage decision dated 24 December 19931 to be applied to the Independent Schools (Non Teaching Staff) Award (the Award).

The Union formally requested that the increase be applied in the Award from the date of the hearing.

The Tasmanian Chamber of Commerce and Industry Limited (the Chamber) did not oppose the increase, but sought clarification in particular as to the extent of the absorption process, the Union's commitment to on-going restructuring and enterprise bargaining and the form of the Award amendment order arising out of the application.

There was some discussion as to the form of the order and the Chamber submitted that the increase should only apply from the date it was settled.

The Union submitted that, as it had taken part fully in the award restructuring process to date in the Award, the increase should be forthcoming immediately as it was also prepared to take on new initiatives under the Enterprise Bargaining principle of the Commission: to date the employers in the area of the Award had not shown any interest in further developments outside the usual award processes.

The two other matters raised by the Chamber will be the subject of further discussions between the parties and the Commission, however, as they relate only to the form of the order and the terms used in it, the Commission is loath to delay the increase sought as it is specifically aimed at the minimum rates.

I am satisfied that, in relation to the Award, the requirements of the Arbitrated Safety Net Adjustment Principle of the December 1993 State Wage Case decision have been met.

The application is therefore granted operative from the first full pay period to commence on or after 18 January 1994. The order will be issued as soon as the form and terminology are settled.

 

P A Imlach
COMMISSIONER

Appearances:
K O'Brien for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
T Edwards with R Murray for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1994.
Hobart:
January 17.

1 T4692 of 1993