T6356
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union - CHILD CARE AND CHILDRENS SERVICES AWARD
Award variation - third $8 arbitrated safety net adjustment - consent matter - application granted - operative date ffpp 2.8.96 - Clause 23D(m)(iv) - Parental Leave - correction of cross reference - consent matter - application granted REASONS FOR DECISION The applicant in these proceedings is the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch. The union seeks to vary the Child Care and Childrens Services Award to reflect the third $8 Safety Net Adjustment, recently confirmed by the State Wage Case decision of 24 July 1996. The application does not concern itself with allowances. During the hearing I amended the application by consent to include a minor variation to Clause 23 - Parental Leave, correcting a cross-reference error. The employee organisations that have an award interest in this matter are: Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (ALHMWU) Australian Nursing Federation Tasmanian Branch (ANF) The application proceeded by way of consent, ALHMWU submitting and TCCI agreeing that, at award level: · the award incorporates variations reflecting the first $8 Arbitrated Safety Net Adjustment from the first full pay period to commence on or after 3 August 1994 and the second $8 Arbitrated Safety Net Adjustment from the first full pay period to commence on or after 21 June 1995; · the agreed operative date for the increase now sought, the first full pay period to commence on or after 2 August 1996, reflects a time period between the second and third $8 Arbitrated Safety Net Adjustments that is greater than twelve months; · there are no offsets arising from previous wage increases reached at an enterprise level since 1 November 1991; and · the application complies generally with the public interest requirements of s.36 of the Act. ANF gave its consent to the proposed variations and commitment to review the award by way of letter dated 2 August 1996. Paragraph 7.3.2.3 of the Wage Fixing Principles, as determined by the recent State Wage Case Full Bench decision, requires that:
In the case of the award now before me, each of the employee organisations mentioned above specifically commits itself to undertaking the required review. I believe the submissions and expressions of agreement put to me and recorded above fully satisfy the requirements of the current Wage Fixing Principles. Accordingly, I will vary the award in the manner sought by the applicant, with effect from the first full pay period to commence on or after 2 August 1996. My order, in that form, accompanies this decision.
B.R. Johnson Appearances: Date and Place of Hearing: |