T7514
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Textile, Clothing and Footwear Union of Australia, Tasmanian Branch CLOTHING INDUSTRY AWARD
Award variation - wage rates - $10.00 Safety Net Adjustment - consent matter application granted - award varied - operative date ffpp 25 April 1998 REASONS FOR DECISION This application, lodged with the Commission on 11 February 1998, by the Textile, Clothing and Footwear Union of Australia, Tasmanian Branch (the applicant), pursuant to s.23 of the Act, was for the purpose of varying the Clothing Industry Award to include the $10.00 Safety Net Adjustment. In a decision arising out of application T7042 of 1997 the Commission, as currently constituted, identified the agreed plan to vary the Clothing Industry Award arising out of the Minimum Rate Adjustment process and the Safety Net Adjustments. The plan was as follows:
This application is the final step in the process and with the exception of the operative date, the matter came before the Commission with the consent of the parties. I am satisfied that the application, to the extent of the wage increase, is consistent with the Wage Fixing Principles and does not offend the public interest. OPERATIVE DATE A review of the operative dates for earlier wage increases granted to this award, arising out of the minimum rate adjustment and the safety net adjustment process indicate the following:
All the abovementioned operative dates were agreed between the parties. Insofar as this application is concerned, Mr D Strickland, on behalf of the applicant, submitted that the operative date should be the first full pay period to commence on or after 28 March 1998, in keeping with the agreed program outlined earlier in this decision. He said, even though the operative dates of earlier wage increases extended beyond the dates shown in the program, nevertheless, the last variation should be granted in accordance with the timetable as employers covered by this award had the advantage of not having to pay previous wage increases at times shown in the program. He was also of the view that no employer would be disadvantaged by granting the operative date sought. Mr R Brown, of the Tasmanian Chamber of Commerce and Industry Limited (TCCI), opposed the operative date sought by the applicant, as the preceding increase granted under the program was operative from the first full pay period to commence on or after 25 February 1998 and another increase within the space of four weeks was inappropriate and a burden on employers covered by the award. Mr Brown was not opposed to the increase, arising out of this application, being operative from the first full pay period to commence on or after 25 April 1998, being two months from the last variation to the award. He said that was in keeping with the intention of the earlier described program for this award. Principle 7 of the Wage Fixing Principles states inter alia:
Pursuant to Principle 7.2 and given the previous increase was operative from 25 February 1998, I believe it would be inappropriate and not in the public interest to grant another wage increase within four weeks of the previous variation. My perusal of the previously mentioned program indicates an intention on the part of the parties to space the wage increases arising out of the minimum rate adjustment and safety net adjustment program to be at least two months apart. I do not accept the argument that suggests, because a date appears in a previously agreed program that it is binding on the Commission, as separate applications were required for each of those variations and those applications would be considered on merit at the time. The program is only indicative of the intention of the parties. Having considered the submissions of the parties I am of the view that the increases arising out of this application should be operative from the first full pay period to commence on or after 25 April 1998. The Order is attached.
R J Watling Appearances: Date and place of hearing: |