TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

Tasmanian Chamber of Commerce and Industry Limited
(T8196 of 1999)

BARRISTERS AND SOLICITORS AWARD

Award variation - clause 8 - wage rates - op date 3 Feb 99 - clause 13 - contract of employment - op date 14 Jul 98 - consent matters - application approved

REASONS FOR DECISION

This was an application made under section 23(1) of the Industrial Relations Act 1984 (the Act) by the Tasmanian Chamber of Commerce and Industry Limited (the Chamber) seeking a variation of the Barristers and Solicitors Award (the Award).

At the hearing of the application the Chamber advised the Commission that the main variation sought was necessary because when Clause 8 - Wages, had been varied and reformatted in T7702 of 1998 consequential corrections in Clause 13 - Contract of Employment, were necessary, but, had been overlooked; this application sought to correct the previous omission.

The application also sought to have certain redundant wage rates removed from the Award.

The Australian Municipal, Administrative, Clerical and Services Union confirmed the advice of the Chamber and also requested that the Award be varied in accordance with the application.

Because of the two-fold effect of the variation requested, the parties agreed that there should be two operative dates:

(1) considering the retrospective and corrective nature of the variation to Clause 13 - Contract of Employment, that part from 14 July 1998;

(2) considering the redundant wages provisions had already ceased to apply, that part from 3 February 1999.

I accept the submissions of the parties. The Award will be varied as requested from the operative dates agreed.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
Mr J O'Neill for Tasmanian Chamber of Commerce and Industry Limited
Mr I Paterson for Australian Municipal, Administrative, Clerical and Services Union

Date and place of hearing:
1999
February 3
Hobart