TASMANIAN INDUSTRIAL COMMISSION

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

Textile, Clothing and Footwear Union of Australia, Tasmanian Branch
(T7042 of 1997)

CLOTHING INDUSTRY AWARD

Award variation - second $8.00 Safety Net Adjustment - consent matter - application granted - award varied - operative ffpp 24 July 1997

REASONS FOR DECISION

This application, lodged by the Textile, Clothing and Footwear Union of Australia, Tasmanian Branch (the applicant), was for the purpose of varying the Clothing Industry Award, arising out of the State Wage Case decision1 of the Tasmanian Industrial Commission, dated 24 July 1996, in relation to the second Safety Net Adjustment.

At the commencement of the hearing the parties entered private discussions with the Commission to consider how this application would be dealt with, given the decision2 of the Full Bench in the State Wage Case decision of 4 July 1997. Arising out of that conference the Commission was informed that the parties had an agreed plan to vary the award in respect of wage increases arising out of the Minimum Rate Adjustment process and the safety net adjustments so as to lessen the burden on the industry.

The agreed program was stated by the parties as follows:

• The second $8.00 Safety Net Adjustment to be operative from the first full pay period to commence on or after 24 July 1997;
• The third $8.00 Safety Net Adjustment to be accessible, via a separate application, no earlier than the 25 September 1997;
• The third Minimum Rate Adjustment to be accessible, via a separate application, no earlier than the 26 November 1997;
• The fourth and final Minimum Rate Adjustment to be accessible, via a separate application, no earlier than the 27 January 1998; and
• The $10.00 Safety Net Adjustment arising out of the State Wage Case decision3 to be accessible no earlier than the 28 March 1998.

In relation to this application the parties were of the view that it was consistent with the past and current Wage Fixing Principles, especially given the program of wage adjustments as outlined above, and that it was consistent with the public interest. These are submissions with which I agree.

Given the foregoing I hereby determine that the Clothing Industry Award will be varied in the manner sought and the operative date will be from the first full pay period to commence on or after 24 July 1997.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr D Strickland for the Textile, Clothing and Footwear Union of Australia, Tasmanian Branch
Mr A Flood for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1997
July 24
Hobart

1 T Nos 6284 and 6305 of 1996
2 T6941 of 1997, T6928 of 1997, T6929 of 1997, T6930 of 1997, T6931 of 1997, T6932 of 1997, T6933 of 1997, T6934 of 1997, T6947 of 1997, T6956 of 1997, T6971 of 1997, T6979 of 1997, T6987 of 1997, T6991 of 1997 and T6993 of 1997
3 Ibid