TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T7507 of 1998)
Tasmanian Trades and Labor Council
(T7529 of 1998)

NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD

Award variations - National Training Wage - Schedule A - amended to delete the Bakers Award, include the Baking Industry Award and the Optical Industries Award - applications granted - operative date for inclusion of the Baking Industry Award 25 November 1996 - operative date for inclusion of the Optical Industries Award ffpp 11 March 1998 - operative date for deletion of the Bakers Award 25 November 1996

REASONS FOR FURTHER DECISION

These applications were lodged for the purpose of varying the National Training Wage (Tasmanian Private Sector) Award to include, in Schedule A, the Baking Industry Award1 in lieu of the Bakers Award and add the Optical Industries Award.

In November 1996, the Commission as currently constituted, in a decision arising out of application T6581 of 1996, rescinded the Bakers Award. That decision stated:

"On and from 25 November 1996 all employees and employers falling within the scope of the Bakers Award will be covered by the new Baking Industry Award and, as a result, the Bakers Award will be superfluous."

The Baking Industry Award was made arising out of application T6258 of 1996, and it was that award that the parties sought to be included in Schedule A of the National Training Wage (Tasmanian Private Sector) Award.

In relation to the Optical Industries Award, it had never formed part of the schedule to the National Training Wage (Tasmanian Private Sector) Award and the parties were seeking, by consent, to reverse that situation.

The approval of the applications will enable employers, falling within the scope of the two awards, to access the National Training Wage (Tasmanian Private Sector) Award when employing trainees under a traineeship. This, I believe, is not contrary to the Wage Fixing Principles, nor the public interest requirements of the Act, and therefore the applications are approved.

Further, as the Bakers Award has been rescinded as an award of the Commission, I also approve its removal from Schedule A of the National Training Wage (Tasmanian Private Sector) Award as it will be replaced with the Baking Industry Award. This will be operative on and from 25 November 1996.

As there was no disagreement between the parties, the operative dates of the other subject matters contained in the applications, shall be:

(a) in the case of the insertion of the Baking Industry Award to be on and from the 25 November 1996 to coincide with the establishment of that award and a repeal of the Bakers Award; and

(b) in the case of the insertion of the Optical Industries Award to be from the first full pay period to commence on or after 11 March 1998.

The Order (Correction Order) giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited
Mr I Paterson for the Tasmanian Trades and Labor Council

Date and Place of Hearing:
1998
March 11
Hobart

1 T6258 OF 1996