T6333, T6393 and T6419
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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Australian Workers’ Union,
Australian Municipal, Administrative, Shop, Distributive and Allied Employees Association,
TIMBER MERCHANTS 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 27 Parental Leave - consent application - order issued operative ffpp 15.8.96
REASONS FOR DECISION
These applications by the Australian Workers’ Union, Tasmania Branch (the AWU), 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 Timber Merchants 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 1996[1] 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 27 - Parental Leave, correcting a cross-reference error.
Mr Cooper, representing the AWU and the National Union of Workers, Tasmanian Branch, 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, for the AMACSU, and Mr Noonan for the SDAEA endorsed Mr Cooper’s submissions.
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”
Each of the employee organisations present having a registered interest in the award, namely the Australian Municipal, Administrative, Clerical and Services Union, the Australian Workers’ Union, Tasmania Branch, the National Union of Workers, Tasmanian Branch, the Construction, Forestry, Mining and Energy Union, Tasmanian Branch and the Shop, Distributive and Allied Employees Association, Tasmanian Branch committed themselves to undertaking the review required. A written commitment was received from the Transport Workers’ Union of Australia, Tasmanian Branch.
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.
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 in the form of an award consolidation is attached.
F D Westwood
Date and place of hearing:
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