TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

Australian Municipal, Administrative,
Clerical and Services Union
(T6387 of 1996)

BARRISTERS AND SOLICITORS 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 12.8.96

REASONS FOR DECISION

This application by the Australian Municipal, Administrative, Clerical and Services Union (AMACSU) was to vary the Barristers and Solicitors Award to reflect the third $8 arbitrated safety net adjustment in accordance with the decision of the Full Bench in the State Wage Case decision of 24 July 19961.

Mrs Dowd, representing the applicant organisation, submitted that the award had been varied for the first and second safety net adjustments and that this application sought to apply the third adjustment and to vary allowances contained in Clause 8 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.

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 26 July 1995 and twelve months had elapsed since that date.

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"

Mrs Dowd gave a commitment on behalf of AMACSU, the only employee organisation having a registered interest in the award.

A draft order, representing the agreed position of the parties, was tendered during proceedings.

Ms Thomas on behalf of the Tasmanian Chamber of Commerce and Industry confirmed that the draft order had been checked for accuracy. She said the application met the requirements of the Wage Fixing Principles, and there being consent to application she submitted the award should be varied in the manner sought, with an operative date of the first pay period to commence on or after 12 August 1996.

I am satisfied that the commitment given by the union with an interest in the award meets 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 12 August 1996. The order is attached.

F D Westwood
PRESIDENT

Appearances:
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1996
August 12
Hobart

1 T6284 of 1996 and others