T7174 and T7262
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited Tasmanian Trades and Labor Council NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD
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:
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 Appearances: Date and place of hearing: |