T4945 and T4946
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australasian Meat Industry Employees Union ABATTOIRS AWARD
Award variation - increase piecework rates, minimum wage and correct occupational superannuation clause REASONS FOR DECISION These applications joined for hearing purposes, by The Australasian Meat Industry Employees Union, Tasmanian Branch (AMIEU) concerned the following: - adjustment to the piecework rates to reflect the $8.00 a week arbitrated safety net adjustment. - deletion of occupational superannuation provisions. - increase the minimum wage to reflect the $8.00 a week arbitrated safety net adjustment. With regard to the adjustment to piecework rates adjustment the parties were in agreement that the $8.00 a week- should be reflected in the award dealing with those rates of pay. However Mr Flynn appearing for the Meat and Allied Trades' Federation of Australia (Tasmanian Division) also submitted that the adjustment should be identified in a separate column i.e. a supplementary payments column. The effect would be to show the existing piecework rate, the effect of the adjustment in the supplementary payments column and the total piecework rate in a third and final column. Mr Flynn's submissions were predicated on what occurred in respect of the Federal Meat Industry Award where the approach indicated above, was adopted. Mr Flynn was not able to explain in any great detail the reasoning in matter C.No.22129 and 22160 of 1993 which resulted in the $8.00 adjustment being treated in the manner that it was. Presumably three columns were utilised because the increase was considered to be absorbable against overawards. Whilst that approach was in keeping with the December 1993 State Wage Case decision, I do not regard it appropriate to treat any component of the piecework rate as comprising an overaward element. The piecework rate is an all inclusive rate, penalties apply for overtally, and therefore the overaward issue does not appear to arise. In the circumstances I have decided to maintain a single column for piecework rates, as has been the case in the past. Occupational Superannuation Both Mr Flynn and Mr Swallow for the AMIEU submitted that the provisions in the awards in question relating to Occupational Superannuation should be deleted as the provisions have been overtaken by the requirements of the Superannuation Administration (Guarantee) Act 1992. In the case of both the Abattoirs and Meat Trades Awards the existing provisions are deficient for a number of reasons including: (i) the contribution level was based on the General Butcher's rate which was inconsistent with the above legislation, and, (ii) employer contributions were increased by the legislation in excess of what was provided for in the awards in question. I recognise the concern of the parties on this issue. This is particularly so in respect of the employer contribution required to be made, which in the case of payrolls under $1 million dollars will rise to 4 per cent as from 1 July 1994. In the case of payrolls in excess of $1 million dollars the employer contribution will rise to 5 per cent from the same date. Clearly the 3 per cent prescription in awards of the Commission has been superseded. Whilst this is not a desirable situation I have decided against making a variation in the manner requested by the parties. I consider that all aspects relating to award superannuation should be addressed on a Commission wide basis as obviously the awards in question in these matters are not the only two awards involved. However this does not preclude the parties from making application to vary the "Employer Contribution" provisions in the awards to properly reflect the requirements of the Superannuation (Guarantee) Act 1992. I will leave it to the parties to decide how to best approach the Commission to endeavour to have all relevant issues considered. Minimum Wage As explained at the hearing the Commission, as constituted by a single Commissioner, does not have the power to make determinations in respect of the Minimum Wage. Section 35 of the Act specifies that this matter must be dealt with by a Full Bench. Accordingly I have referred those parts of these applications to the President for him to appoint a Full Bench. Having regard to all of the foregoing the only variation able to be made to the awards in question relates to the adjustment to piecework rates to reflect the $8.00 a week safety net adjustment. The parties were in agreement that the operative date should be from the beginning of the first full pay period to commence on or after 24 January 1994, which is endorsed. The order is attached.
Appearances: Date and Place of Hearing:
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