T6473 and T6474
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Transport Workers' Union of Australia, CARRIERS AWARD
Award variation - third $8 arbitrated safety net adjustment - consent matters - applications approved - operative date ffpp 24 November 1996 REASONS FOR DECISION The applicant in each of these proceedings is the Transport Workers' Union of Australia, Tasmanian Branch. I heard both matters together. The union seeks to vary the Carriers Award and the Transport Workers General 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. At TWU's request, but subject to future confirmation by the Tasmanian Chamber of Commerce and Industry Ltd (TCCI), I amended the draft order submitted by the Union to accommodate a few minor errors of arithmetical calculation. The employee organisations that have an award interest in one or both matters are: Transport Workers' Union of Australia, Tasmanian Branch (TWU); and The applications, with a minor qualification, proceeded by way of consent, the Unions submitting and TCCI agreeing that, at award level:
Paragraph 7.3.2.3 of the Wage Fixing Principles, as determined by the recent State Wage Case Full Bench decision, requires that:
The TWU in the case of the Transport Workers General Award and both TWU and AWU in the case of the Carriers Award gave the necessary commitments to review each award according to the above requirements. In the course of the hearing TCCI sought clarification of paragraph 7.3.2 of the current Wage Fixing Principles regarding its application in circumstances, such as the present, where the employee organisations concerned seek approval of applications with a prospective date of operation. After consideration I formed the view that the word "available", as used in the paragraph, refers to date of operation and not date of approval of the relevant award variation. Given my ruling Mr M. Watson, for TCCI, maintained his organisation's position of consent to the proposed variations. However, he then went on to reserve leave to bring the question back to the Commission should changed circumstances (which he could not presently identify) arise between the date of this hearing and the date of operation of the proposed award variations. 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, subject to confirming with the parties accuracy of the money amounts specified in the draft order, I will vary the award in the manner sought by the applicants, with effect from the first full pay period to commence on or after 24 November 1996. My orders, in that form, will follow shortly.
B.R. Johnson Appearances: Date and Place of Hearing: |