TASMANIAN INDUSTRIAL COMMISSION

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

The Australasian Meat Industry Employees Union, Tasmanian Branch
(T6943 of 1997)

MEAT RETAILING AWARD

Award variation - Structural Efficiency Principles - wage rates - conditions of employment - minimum wage rates adjustment - first MRA - consent matter - application granted - operative ffpp 11 September 1997

REASONS FOR DECISION

On 30 April 1997, application was lodged with the Commission, pursuant to Section 23 of the Act, by The Australasian Meat Industry Employees Union, Tasmanian Branch, to vary the Meat Retailing Award (the Award) "to the extent necessary to further implement the structural efficiency principles into the Award".

At the commencement of the hearing, on 11 September 1997, the application was amended to vary the Award by:

1. Deleting the following:

Clause 10 Career Start Traineeships
Clause 11 Casual Employees
Clause 15 Driver's Licence
Clause 16 Duties of Slaughtermen
Clause 18 First Aid
Clause 22 Incidental Expenses
Clause 23 Intermittent or Part-Time Employees
Clause 24 Junior Workers Other than Apprentices
Clause 32 Relieving Employees
Clause 35 Saving
Clause 37 'Smoke-O'
Clause 40 Termination of Service
Clause 41 Tool Allowance
Clause 42 Trainees - ATS
Clause 43 Travelling Time
Clause 44 Uniforms - Retail Shops
Clause 45 Washing Accommodation

2. Amend the following:

Clause 2 Scope
Clause 3 Arrangement
Clause 4 Date of Operation
Clause 5 Supersession and Savings
Clause 7 Definitions
Clause 8 Wage Rates
Clause 12 Change House
Clause 14 Contract of Employment
Clause 21 Hours
Clause 26 Materials
Clause 27 Meal Hours
Clause 30 Overtime
Clause 33 Right of Entry
Clause 34 Saturday Work
Clause 36 Sharpening of Knives
Clause 38 Sunday and Holiday Work
Clause 39 Superannuation

The main thrust of this consent application was to:

· Restructure the wage rates, classification standards and conditions of employment in accordance with the Structural Efficiency Principles;

· Introduce the first (out of a total of four) minimum rate adjustment in accordance with the Wage Fixing Principles;

· Incorporate all past work value increases;

· Modernise the Award by removing a number of unnecessary and outdated clauses;

· Reduce the ordinary hours of work from 40 to 38 per week.

Mr Swallow, for the applicant, presented an agreed draft order (exhibit AMIEU 1) with the variations taking effect from the first full pay period to commence on or after 11 September 1997.

Mr A Cameron for the Tasmanian Chamber of Commerce and Industry Limited and Mr T Curtain for the National Meat Association of Australia (Tasmanian Division), submitted that, although the organisations they represented concurred with the draft order tendered by Mr Swallow, nevertheless, they foreshadowed that an application would be lodged with the Commission, on a prospective date, to further consider the clauses contained in the Award relating to Hours; Holidays with Pay; Sick Leave; Sundays & Holiday Work; as the review of those clauses had not been finalised during the negotiations associated with this application.

In respect of the Minimum Rates Adjustment (MRA) process, the parties informed the Commission that the appropriate adjustments to the Award would be in the form of four instalments, payable at six-monthly intervals, with the first MRA commencing with the operative date of the order arising out of this decision. The parties were aware that future MRA adjustments would not be automatic and an application to vary the Award would be necessary on each occasion.

The parties presented submissions, in support of the application, on the Wage Fixing Principles and in particular the Structural Efficiency Principle. They also addressed the public interest requirements of the Act.

Having considered the submissions presented during the course of the hearing, coupled with the consent between the parties to restructure this Award, I have arrived at the conclusion that the variations as sought, including the operative date, should be endorsed by the Commission, and I decide accordingly.

The variations conform with the Wage Fixing Principles and there was no submission put to me during the course of the hearing that would have me arrive at the conclusion that the agreement of the parties was contrary to the public interest,

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr J E Swallow for The Australasian Meat Industry Employees Union, Tasmanian Branch
Mr A Cameron for the Tasmanian Chamber of Commerce and Industry Limited
Mr T Curtain for the National Meat Association of Australia (Tasmanian Division)

Date and place of hearing:
1997
May 26
June 20
July 14
August 7
September 11
Hobart