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Tasmanian Industrial Commission

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T4802

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Health Services Union of Australia
Tasmania No. 1 Branch

(T.4802 of 1994)

DENTISTS AWARD

 

COMMISSIONER R J WATLING

2 February 1994

Wage rates - State Wage Case December 1993 - arbitrated safety net adjustment - application granted - ffpp 2 February 1994

REASONS FOR DECISION

This application was made by the Health Services Union of Australia Tasmania No. 1 Branch for the purpose of inserting, in the Dentists Award, the $8.00 arbitrated safety net adjustment determined by the Commission in the State Wage Case decision dated 24 December 1993 (T.4692 of 1993).

This award has been the subject of a review under the Structural Efficiency Principle, however, the process is yet to be completed. In its decision dated 11 November 1991 (T.2707 of 1990, T.3231 of 1991 and T.2809 of 1990) the Commission left applications T.2707 and 2809 of 1990 open as the parties foreshadowed they may wish to further examine the classifications of dental mechanic in light of changing circumstances.

During the course of hearing this matter the parties indicated they would be seeking a resumption of the aforementioned applications to consider outstanding issues, especially the question of relativities between classifications and within classifications contained in the award.

In seeking the $8.00 per week safety net adjustment increase the parties informed the Commission that the application was one of consent, and they tendered an exhibit (K1) in the form of a draft order. The parties went to some length to emphasise to the Commission that the relativity percentages, for the classifications shown in the draft order, had not been finalised and were only a mathematical calculation from the wage rates already appearing in the award. They also indicated that the relativity percentages shown in the draft order do not commit either party to the outcome of any review.

Having considered the submissions presented during the course of the hearing, I am of the view that the award should be varied in the manner sought by the parties.

I am satisfied that the application is consistent with the Wage Fixing Principles and the public interest requirements of the Act.

The orders giving effect to this decision will follow in due course and will be operative from the first full pay period to commence on or after 2 February 1994.

 

R J Watling
COMMISSIONER

Appearances:
Mr T Kleyn for the Health Services Union of Australia Tasmania No. 1 Branch
Mr W Fitzgerald with Mr R Murray for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1994
February 2
Hobart