TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Australian Workers' Union,
FISH, AQUACULTURE AND MARINE PRODUCTS AWARD
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 24 Parental Leave - consent application - order issued operative ffpp 15.8.96
REASONS FOR DECISION
This applications by the Australian Workers' Union, Tasmania Branch (the AWU) was to vary the Fish, Aquaculture and Marine Products 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 applications were amended by consent to include a minor variation to Clause 24 - Parental Leave, correcting a cross-reference error.
Mr Cooper, representing the AWU, 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 126.96.36.199 of that Principle requires that:
Mr Cooper gave a commitment to review the award on behalf of the AWU, and a written submission was received from the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union committing that organisation to undertaking the review required.
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 commitments given by the unions with an interest in the award meet the requirements of Principle 188.8.131.52 and that sufficient time has elapsed since the granting of the second arbitrated safety net adjustment to comply specifically with paragraph 184.108.40.206 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
Date and place of hearing:
1 T6284 of 1996 and others