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T6320

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Workers' Union,
Tasmania Branch
(T6320 of 1996)

DAIRY PROCESSING AWARD

 

PRESIDENT F D WESTWOOD

27 AUGUST 1996

Award variation - third $8 arbitrated safety net adjustment consequent on Full Bench decision in Matter T6284 of 1996 et al - cross-reference correction in Clause 20 Parental Leave - consent application - order issued operative ffpp 15.8.96

REASONS FOR DECISION

This application by the Australian Workers' Union, Tasmania Branch (the AWU) was to vary the Dairy Processing Award to reflect the third $8 arbitrated safety net adjustment in accordance with the decision of the Full Bench in the State Wage Case dated 24 July 19961 and to vary work-related allowances in accordance with the agreed formula which required an increase of 5.75% representing the cumulative effect of the three $8 per week arbitrated safety net adjustments.

During proceedings the application was amended by consent to include a minor variation to Clause 25 - Parental Leave, correcting a cross-reference error.

Mr Cooper, representing the applicant organisation, submitted that the application conformed with the Wage Fixing Principles in respect of arbitrated safety net adjustments (Principle 7) in that the second arbitrated safety net adjustment had been awarded from 26 July 1995 and twelve months had elapsed since that date.

Paragraph 7.3.2.3 of that Principle requires that:

"...the parties commit to review the Award in the context of:-

(i) consistent award formatting;
(ii) removal of discriminatory provisions;
(iii) removal of obsolete or amendment of inaccurate award provisions;
(iv) updating Clause 6 - Parties and Persons Bound;
(v) re-writing of the award in plain English;
(vi) the appropriate use of facilitative provisions;
(vii) the inclusion of an appropriate enterprise flexibility clause"

Mr Cooper gave a commitment to review the award on behalf of the AWU. A written commitment was received from the Transport Workers' Union of Australia, Tasmanian Branch, being the only other employee organisation with a registered interest in the award.

A draft order, representing the agreed position of the parties, was tendered during proceedings.

Mr Watson, for the Tasmanian Chamber of Commerce and Industry, confirmed that the draft order had been checked for accuracy and that 12 months had elapsed since the granting of the second $8 adjustment. He said the application was in the public interest and the award should be varied in the manner sought, with an operative date of the first full pay period to commence on or after 15 August 1996.

I am satisfied that the commitment given by the unions with an interest in the award meets the requirements Principle 7.3.2.3 and that sufficient time has elapsed since the granting of the second arbitrated safety net adjustment to comply specifically with paragraph 7.3.2.2 of the Principles.

In the circumstances the award will be varied by consent with effect from the first full pay period to commence on or after 15 August 1996.

The order in the form of an award consolidation is attached.

 

F D Westwood
PRESIDENT

Appearances:
Mr G Cooper for the Australian Workers' Union, Tasmania Branch
Mr M Watson with Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1996
August 15
Hobart

1 T6284 of 1996 and others