T6328, T6339, T6402 and T6442
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Workers' Union, National Union of Workers, Tasmanian Branch Australian Municipal, Administrative, Shop, Distributive and Allied Employees Association, PRODUCE AWARD
Award variation - third $8 arbitrated safety net adjustment consequent on Full Bench decision in Matter T6284 of 1996 et al - consent application - order issued operative ffpp 15.8.96 REASONS FOR DECISION These applications by the Australian Workers' Union, Tasmania Branch (the AWU), the National Union of Workers, Tasmanian Branch (the NUW), the Australian Municipal, Administrative, Clerical and Services Union (the AMACSU) and the Shop, Distributive and Allied Employees Association, Tasmanian Branch (the SDAEA), were to vary the Produce 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. Mr Cooper, representing the AWU and the NUW, submitted that the applications 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. Mrs Dowd and Mr Noona representing the AMACSU and the SDAEA supported the submissions of Mr Cooper. Paragraph 7.3.2.3 of that Principle requires that:
Each of the employee organisations present having a registered interest in the award, namely the AWU, the NUW, the AMACSU, the SDAEA, and the Construction, Forestry, Mining and Energy Union, Tasmanian Branch committed themselves 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 applications were 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. Mr Rice, for the Retail Traders Association of Tasmania, supported the submissions made by Mr Watson. I am satisfied that the commitments given by the unions with an interest in the award meet the requirements of 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 is attached.
F D Westwood Appearances: Date and place of hearing: |