TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Shop Distributive and Allied Employees Association,
RETAIL TRADES AWARD
Award variation - increase tea money provision - application granted - award varied - operative ffpp 1 March 1996
REASONS FOR DECISION
This application was lodged Shop Distributive and Allied Employees Association, Tasmanian Branch (the applicant) for the purpose of varying the Retail Trades Award by increasing the amount of money appearing in Clause 38 - Tea Money from $4.90 to $9.25.
The submissions presented by Mr Griffin, for the applicant, can be summarised as follows:
Mrs Dowd, for the Australian Municipal, Administrative, Clerical and Services Union, supported the submissions of Mr Griffin.
Ms Thomas, for the Tasmanian Chamber of Commerce and Industry Limited, opposed the application and her submissions can be summarised under the following headings:
Ms Thomas, as a secondary position, put a submission that if the Commission was not to look favourably on her opposition to the claim, then the tea money should only be varied by the movement in the Consumer Price Index from the last occasion it was varied. She also suggested that a new subclause should be inserted in Clause 38- Tea Money which would see the allowance only being paid if the employer gave less than 24 hours notice of intention to work overtime.
Mr McDougall, for the Tasmanian Chamber of Retailers, supported the submissions of Ms Thomas and also expressed opposition to the claim.
I have considered all the submissions presented, however, I have not been persuaded to depart from the Full Bench decision arising out of application T.5763 of 1995 as I am of the view that the circumstances and principles enunciated in that decision would equally apply to this award. To that extent I adopt the Reasons for Decision of that Full Bench as my own in the granting of this application.
Given the foregoing, the award will be varied in the manner sought by the applicant and will be operative from the first full pay period to commence on or after 1 March 1996.
The Order giving effect to this decision is attached.
R J Watling
Date and place of hearing: