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T5791

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

Tasmanian Chamber of Commerce and Industry Limited
(T5791 of 1995)

AUTOMOTIVE INDUSTRIES AWARD

 

COMMISSIONER R J WATLING

HOBART. 4 October 1995

Award variation - tool allowance - consent matter - application granted - award varied - operative ffpp 14 August 1995

REASONS FOR DECISION

This application was lodged by the Tasmanian Chamber of Commerce and Industry Limited (the applicant) for the purpose of varying the Automotive Industries Award. It sought to re-establish the tool allowance at the rate which applied prior to the implementation of the Order arising out of applications T.5624, T.5570 and T.5580 of 1995 being applications to provide for the third minimum rates adjustment and the second arbitrated safety net adjustment for this award.

The Draft Order was prepared by the parties and it was stated by Ms Thomas, representing the Tasmanian Chamber of Commerce and Industry Limited, that the tool allowance was inadvertently increased by agreement of the parties.

Ms Thomas said that the increase in the tool allowance was not consistent with the second safety net adjustment and the minimum rates adjustment process under the Wage Fixing Principles and requested that the allowance be reverted to its original amount.

Mr Harding, representing the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, did not oppose the application.

In relation to the operative date for the variation it was submitted by Ms Thomas that in accordance with section 37(5)(b) of the Industrial Relations Act 1984 the award should be varied from the first full pay period to commence on or after 14 August 1995 to coincide with the operative date of the Order that gave rise to the error. She said the variation was not consistent with the Wage Fixing Principles and in her opinion that was a special circumstance that made it fair and right to grant a retrospective operative date to this Order.

Although this view on the operative date was not shared by Mr Harding, nevertheless in the circumstances and given the fact that this application is to correct a genuine error I am prepared to exceed to the wishes of the applicant in respect of the variation and the operative date.

An Order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited
Mr T Harding for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Date and place of hearing:
1995
October 4
Hobart