TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T.6054 of 1996)

COMMUNITY SERVICES AWARD

Award variation - wage rates - second $8.00 arbitrated safety net adjustment - consent matter - application granted - operative ffpp 14 February 1996

REASONS FOR DECISION

This matter concerns an application by the Australian Municipal, Administrative, Clerical and Services Union to vary the Community Services Award by increasing wages in Clause 8 by [the second] $8.00 arbitrated safety net adjustment at the award level.

In this regard Principle 7.2.2 of the Commissions Wage Fixing Principles1 provide as follows:

"7.2.2 Award level: On application a second $8 per week arbitrated safety net adjustment will be available, at an award level, from no earlier than 20 June 1995, subject to the following tests:

7.2.2.1 that the award has been varied for the first $8 per week arbitrated safety net adjustment referred to in 7.1 above;

7.2.2.2 that at least six months has elapsed since the handing down of this set of principles or the granting of the first award level arbitrated safety net adjustment provided for in these principles;

7.2.2.3 that an employee who has received the second arbitrated safety net adjustment at an enterprise level will not be entitled to receive a second increase arising from the incorporation of the increase at an award level; and

7.2.2.4 that the amount of the arbitrated safety net adjustment is to be reduced to the extent of any wage increase as a result of agreements reached at an enterprise level since 1 November 1991."

The matter was one of consent and it was agreed that to grant the application would be consistent with Principle 7.2.2 and public interest, as required by Section 36 of the Act. I support that view and for these reasons the application is granted and the award will be varied accordingly with effect from the first full pay period to commence on or after 14 February 1996.

Order is attached.

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr I. Paterson for the Australian Municipal, Administrative, Clerical and Services Union.
Mr C. Brown for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr S. Gates for the Tasmanian Chamber of Commerce and Industry Limited.

Date and Place of Hearing:
1995.
Hobart:
February 14

1 T.5214 of 1994