TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Municipal, Administrative, Clerical and Services Union
(T6385 of 1996)

BROADCASTING AND TELEVISION AWARD

Award variation - third $8 arbitrated safety net adjustment - consent matter - application granted - operative date ffpp 2.8.96 - Clause 26 - Parental Leave - correction of cross reference - consent matter - application granted

REASONS FOR DECISION

The applicant in these proceedings is the Australian Municipal, Administrative, Clerical and Services Union. The union seeks to vary the Broadcasting and Television Award to reflect the third $8 Safety Net Adjustment, recently confirmed by the State Wage Case decision of 24 July 1996. The application includes variation of allowances by 5.75%, representing cumulative effect of the three $8 Arbitrated Safety Net Adjustments.

During the hearing I amended the application by consent to include a minor variation to Clause 26 - Parental Leave, correcting a cross-reference error.

The employee organisations that have an award interest in this matter are:

Australian Municipal, Administrative, Clerical and Services Union (ASU)
Media, Entertainment and Arts Alliance, Tasmania Branch (MEAA)
Musicians' Union of Australia, Hobart Branch (MUA)

The application proceeded by way of consent, ASU submitting and MUA 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 1 March 1994 and the second $8 Arbitrated Safety Net Adjustment from the first full pay period to commence on or after 26 July 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;
• the prior Safety Net Adjustment award variations did not include allowances; and
• the application complies generally with the public interest requirements of s.36 of the Act.

MEAA gave its consent to the proposed variations and commitment to review the award by way of letter dated 1 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-

" ... 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."

In the case of the award now before me, each of the employee organisations named above specifically commit themselves 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
DEPUTY PRESIDENT

Appearances:
Mrs H.J. Dowd for the Australian Municipal, Administrative, Clerical and Services Union.
Mr D. Shelverton for the Musicians' Union of Australia, Hobart Branch.
Mr S. Gates for the Tasmanian Chamber of Commerce and Industry Limited.

Date and Place of Hearing:
1996
August 2
Hobart