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T7174 and T7262

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T7174 of 1997)

Tasmanian Trades and Labor Council
(T7262 of 1997)

NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD

 

COMMISSIONER R J WATLING

HOBART, 17 October 1997

Award variation - arrangement - definitions - wage rates - Safety Net Adjustments - part-time traineeships - consent matter - application granted - award varied - operative date ffpp 10 October 1997

REASONS FOR DECISION

These applications, as amended, were lodged by the Tasmanian Chamber of Commerce and Industry Limited and the Tasmanian Trades and Labor Council. As there was sufficient commonality between them, it was decided, at the commencement of the hearing on 10 October 1997, that they should be heard together.

The applications sought to vary the National Training Wage (Tasmanian Private Sector) Award to:

  • include the third $8.00 Safety Net Adjustment and the $10.00 Safety Net Adjustment arising out of the State Wage Case dated 4 July 1997;
  • insert new provisions dealing with part-time traineeships;
  • expand the meaning of part time traineeships to incorporate within its scope the concept of school-based traineeships;
  • exclude any traineeships which apply to the same occupation and achieve essentially the same qualifications as an apprenticeship, either as an existing apprenticeship or new apprenticeships in an award binding the employer.

The hearing proceeded with the parties agreeing to the implementation of the subject matters contained in the applications.

Mr Edwards, for the Tasmanian Chamber of Commerce and Industry Limited, in support of the applications, took the Commission to the transcript arising out of a hearing in the Australian Industrial Relations Commission1 which dealt with similar matters when seeking to vary the National Training Wage Award 1994.

Mr Edwards adopted the submissions (where appropriate) presented by Mr Pallas of the Australian Council of Trade Unions, in the previously mentioned matters before the Australian Industrial Relations Commission, as if they were his own.

Mr Edwards also drew the Commission's attention to the fact that the state training Wage award had a history of being closely aligned with National Training Wage Award 1994, being an award of the Australian Industrial Relations Commission. He said that it was appropriate in the State of Tasmania, where a number of people were covered by a federal award, that the state award should reflect similar conditions and be maintained as near as possible to the federal award.

He tendered an exhibit (TCCI.2), being a consent Order of the Australian Industrial Relations Commission, which adopted near identical provisions as was being sought by the applications before the Commission as currently constituted.

Mr Edwards, in support of the applications, submitted that changes were being made in training and that it was the Federal Government's stated intention to expand traineeships under its new industry training regime and part-time traineeships formed an integral part of that program.

It was also Mr Edwards contention that a significant number of people throughout the state were waiting to enter a part-time traineeship, however, this could not be achieved until the award variations were approved by the Commission.

Mr Edwards said the variations sought were consistent with Wage Fixing Principles, in particular Principle 2 - Structural Efficiency, and he also addressed the public interest as required under the Act.

The submissions of Mr Edwards were supported by Ms Fitzgerald, of the Tasmanian Trades and Labor Council. She was not opposed to extending the award to provide accessibility for part-time traineeships, so long as it was subject to the implementation of safeguards. Ms Fitzgerald said the third $8.00 Safety Net Adjustment and the $10 Safety Net Adjustment were consistent with the Wage Fixing Principles and previous decisions of the Commission.

The applications were also supported by Mr I Wakefield, for The Australian Workers' Union, Tasmania Branch and Mr P Baker intervening on behalf of the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union.

Having considered the submissions of the parties and given that this award has a history of mirroring the National Training Wage Award 1994, the award will be varied with the consent of the parties as it is consistent with the Wage Fixing Principles and it meets the public interest test required under s.36 of the Act.

The Order giving effect to the decision is attached and will be operative from the first full pay period to commence or after 10 October 1997.

 

R J Watling
COMMISSIONER

Appearances:
Ms L Fitzgerald (29.9.97, 10.10.97) for Tasmanian Trades and Labor Council
Mr T Edwards (29.9.97, 10.10.97) with Mr Brown (29.9.97, 10.10.97) for the Tasmanian Chamber of Commerce and Industry Limited
Mr G Cooper (29.9.97) Mr I Wakefield (10.10.97) for The Australian Workers' Union, Tasmania Branch
Mr T Pearce (29.9.97) for the Minister for Industrial Relations
Mr P Baker (29.9.97, 10.10.97) intervening on behalf of the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr C Brown (29.9.97, 10.10.97) intervening on behalf of the Health Services Union of Australia, Tasmania No. 1 Branch
Mr I Paterson (29.9.97, 10.10.97) intervening on behalf of the Australian Municipal, Administrative, Clerical and Services Union

Date and place of hearing:
1997
September 29
October 10
Hobart

1 C Nos. 32910 of 1997 and 33459 of 1997