T6396
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Municipal, Administrative, SHIPPING 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 By way of this application the Australian Municipal, Administrative, Clerical and Services Union sought to vary the Shipping 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 work related allowances contained in Clause 8 - Wage Rates, Clause 33 - Special Rates, and Clause 46 - Shipwreck or Stranding, should also be varied by 5.75% in accordance with the agreed formula which represented the cumulative effect of the three $8 arbitrated safety net adjustments. 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 Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch and the Australian Municipal, Administrative, Clerical and Services Union committed themselves to undertaking the review required. Written commitments were received from the Australian Institute of Marine and Power Engineers and from the Australian Maritime Officers' Union Victoria Tasmanian Area. A draft order, representing the consent position of the parties, was tendered during proceedings. Mr Gates, for the Tasmanian Chamber of Commerce and Industry, confirmed that the draft order had been checked for accuracy. He said the application was in the public interest, and that 12 months had elapsed since the granting of the second $8 adjustment. There being consent to application he said the award should be varied in the manner sought, with an operative date of the first full pay period to commence on or after 12 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 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 Appearances: Date and place of hearing: |