TASMANIAN INDUSTRIAL COMMISSION

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

Australian, Municipal, Administrative, Clerical and Services Union
(T.6015 of 1995)

WHOLESALE TRADES AWARD

Award variation - State Wage November 1989 ‑ fourth and final minimum rates adjustment ‑ Commercial Travellers, Transport and Clerical classifications - Principles satisfied - application granted ‑ award varied ‑ operative ffpp 30 January 1996

REASONS FOR DECISION

On the 20 January 1995 the Commission handed down a decision arising out of applications[1] that varied the Wholesale Trades Award, to include the first and second minimum rates adjustment for Commercial Travellers, Transport and Clerical classifications; operative from the first full pay period to commence on after 20 January 1995. The Commission also handed down a decision to vary the Wholesale Trades Award, arising out of matter T5636 of 1995, relating to the third minimum rates adjustment for the same classifications, operative from the 20 July 1995.

This current application was lodged with the Commission for the purpose of varying the Wholesale Trades Award to reflect the fourth and final minimum rates adjustment for the same categories of employee.

The parties presented an agreed position in support of the variation in wage rates, however there was no agreement in relation to the operative date.

The Commission endorses the wage variations as they conform with the Wage Fixing Principles. This is the final minimum rates adjustment and forms part of an agreed process for this award.

Insofar as the operative date is concerned, the Wage Fixing Principles require that minimum rates adjustments will not be automatic and a separate application will be necessary to vary the relevant award. I believe there has been no undue delay on the part of the Commission between the time the applicant lodged the application and the date of hearing. Therefore the award will be varied to reflect this decision and will be operative from the first full pay period to commence on or after 30 January 1996.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union.
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1996
January 30
Hobart