T6349, T6389 and T6378
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Automotive, Food, Metals, Engineering, Australian Municipal, Administrative, Shop, Distributive and Allied Employees Association, AUTOMOTIVE INDUSTRIES AWARD
Award variation - third $8 arbitrated safety net adjustment consequent on Full Bench decision in Matter T6284 of 1996 et al - order issued operative ffpp 14.8.96 REASONS FOR DECISION In these applications the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union, the Australian Municipal, Administrative, Clerical and Services Union and the Shop, Distributive and Allied Employees Association, Tasmanian Branch sought to vary the Automotive Industries Award to insert the third $8 arbitrated safety net adjustment and increase work related allowances in accordance with the decision of the Full Bench in the State Wage Case decision of 24 July 19961. It was 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 as from 14 August 1995 and twelve months had elapsed since that date. 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 Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union; the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch; the Australian Municipal, Administrative, Clerical and Services Union; the Australian Workers' Union, Tasmania Branch and the Shop, Distributive and Allied Employees Association, Tasmanian Branch committed themselves to undertaking the review required. Written commitments were received from the National Union of Workers, Tasmanian Branch and from the Transport Workers' Union of Australia, Tasmanian Branch. Correspondence dated 12 August 1996 from the Tasmanian Automobile Chamber of Commerce stated:
A draft order, being the agreed position of the parties, was tendered during proceedings. The Tasmanian Chamber of Commerce and Industry acknowledged the commitments of the unions to a review of the award in accordance with the Principles and that the draft order had been checked for accuracy. It was submitted that the award should be varied by consent in the manner sought, with an operative date of the first full pay period to commence on or after 14 August 1996. I am satisfied that the commitments given by the unions with an interest in the award, both on the record and by correspondence, 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 14 August 1996. The order is attached.
F D Westwood Appearances: Date and place of hearing: |