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T6258 - 19 November

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch

(T6258 of 1996)

BAKING INDUSTRY AWARD

COMMISSIONER R J WATLING

HOBART, 19 November 1996

Award variation - wage rates - conditions of employment - consent matter - operative 19 November 1996

REASONS FOR DECISION

On 24 June 1996 the Commission made a new award titled the Baking Industry Award. The making of this new award, with the consent of all parties attending the hearing, formed part of the continuing program for restructuring the Bakers Award. The new award was operative on and from 21 June 1996.

The application was adjourned to enable registered organisations to seek an interest in the award in accordance with the provisions of the Industrial Relations Act 1984.

Between the 21 June 1996 and the resumption of this hearing on 13 November 1996, two registered organisations were granted an interest in the award, and it is those organisations, along with the Tasmanian Chamber of Commerce and Industry Limited, that had numerous discussions to finalise the wage rates and conditions of employment to be contained in the award.

On 13 November 1996 the finalisation of the award came to the Commission as a consent matter.

Mr O'Byrne, for the applicant, submitted that the wage rates and conditions of employment should be endorsed as they were consistent with the structural efficiency principle in that they :

    (a) established skill-related career paths which provide an incentive for workers to participate in skill formation;

    (b) eliminated impediments to multi-skilling by broadbanding the range of tasks which a worker may be required to perform;

    (c) created appropriate relativities to different categories of workers within the award;

    (d) enhanced working patterns, flexibility and efficiency within the industry;

    (e) included properly fixed minimum rates for classifications in the award.

Mr O'Byrne also submitted that the wage rates presented by the parties, for inclusion in the new award, contained the three safety net adjustments and the first two minimum rate adjustments. The third and the fourth minimum rate adjustments would be operative from August 1997 and March 1998, respectively.

Mr O'Byrne also foreshadowed that the appropriateness of Bakery Employee Level 2 would be discussed in March 1998 at the same time as the fourth minimum rate adjustment is being considered.

Mr Noonan, of the Shop, Distributive and Allied Employees Association, Tasmanian Branch, supported the submissions of Mr O'Byrne.

Ms Thomas, for the Tasmanian Chamber of Commerce and Industry Limited, speaking in support of the application and the submissions presented by the employee organisations, stated that there had been extensive consultation throughout the industry in respect of this matter and the agreed position reflected the parties needs and requirements.

She said the draft Order was consistent with the wage fixing principles and the public interest requirements of the Act.

She acknowledged that whilst there may be some cost associated with the implementation of the new award, nevertheless, it must also be seen in the context of the efficiencies that it provides.

Having considered the submissions of the parties, I hereby determine that the wage rates and conditions of employment to be contained in the Baking Industry Award should be those outlined by the parties in the draft Order presented at the hearing.

That draft Order:

  • Is the finalisation of the agreed restructuring program for the Bakers Award;

  • Is consistent with the wage fixing principles, and specifically the structural efficiency principle and I am satisfied that the parties have strictly adhered to the spirit and intent of that principle; and

  • Consistent with the public interest requirements of the Act.

The parties are reminded that the third and fourth minimum rate adjustments will be subject to separate applications.

The Order giving effect to this decision is attached and will be operative on and from 25 November 1996.

 

R J Watling
COMMISSIONER

Appearances:
Mr D O'Byrne for the Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
Mr P Noonan for the Shop Distributive and Allied Employees Association, Tasmanian Branch
Mr T Edwards with Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1996
June 21
October 2, 28
November 6, 13
Hobart