TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T6480 of 1996)

and

Construction, Forestry, Mining and Energy Union,
Tasmanian Branch
(T6481 of 1996)

FURNISHING TRADES AWARD

Award variation - third $8 arbitrated safety net adjustment - consent matter - application approved - operative date ffpp 17 September 1996 - final wage rate increase for unapprenticed junior workers - application adjourned

REASONS FOR DECISION

The applicants in these proceedings are, in T6480 of 1996, the Australian Municipal, Administrative, Clerical and Services Union (ASU) and, in T6481 of 1996 the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (CFMEU). The unions seek to vary the 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.

In addition, at the hearing, I granted leave to CFMEU to amend its application to include final wage rate increases for unapprenticed junior workers.

The employee organisations that have an award interest in these matters are:

Australian Municipal, Administrative, Clerical and Services Union; Construction, Forestry, Mining and Energy Union, Tasmanian Branch;

Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch; and

Transport Workers' Union of Australia, Tasmanian Branch.

The applications, in so far as they concern the third $8 Safety Net Adjustment, proceeded by way of consent, the unions submitting and the Tasmanian Chamber of Commerce and Industry Ltd (TCCI), representing employers, 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 17 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 17 September 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.

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."

Each of the employee organisations named above specifically commit themselves to undertaking the review required by paragraph 7.3.2.3 of the Wage Fixing Principles.

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 applicants, with effect from the first full pay period to commence on or after 17 September 1996. My order, in that form, accompanies this decision.

In that part of its amended application that goes to the question of wage rates for unapprenticed juniors, CFMEU sought an operative date of 10 April 1996. The Union presented its submissions in the belief that consent existed between the organisation and TCCI regarding the proposed variations. However, it quickly became apparent that, in relation to the suggested operative date, no such consent existed. To the contrary, TCCI opposed the application to the extent of any claimed retrospectivity.

Upon making further inquiries of the parties, I formed the view that no considered discussions took place between them, prior to the hearing, on the question of operative date. Accordingly, I directed the parties to confer on the point and adjourned further proceedings concerning this part of CFMEU's application until Friday 11 October 1996.

B.R. Johnson
DEPUTY PRESIDENT

Appearances:
Ms W. McMullan for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch.
Mrs H.J. Dowd for the Australian Municipal, Administrative, Clerical and Services Union.
Mr M. Watson for the Tasmanian Chamber of Commerce and Industry Limited.

Date and Place of Hearing:
1996
September 17
Hobart