T7903 - 12 May
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Municipal, Administrative, Clerical and Services Union BARRISTERS AND SOLICITORS AWARD
Award variation - Principle 16 - 1998 and 1999 State Wage Case - restructure of clerical classifications adjourned - order issued - operative ffpp 11 April 2000 REASONS FOR DECISION This was an application made under section 23(1) of the Industrial Relations Act 1984 (the Act) by the Australian Municipal, Administrative, Clerical and Services Union (the union) for a variation to be made to the Barristers and Solicitors Award (the Award). The union sought to give effect to the Principle 16 Award Review Process of the 1998 and 1999 State Wage Case decisions and to restructure the clerical classifications in the award in conjunction with the minimum rates adjustment process. The matters encompassed by this decision (with the exception of the clerical classifications re-structuring item) were the subject of discussions between the parties and hearings of the Commission for some time. Ultimately the parties were unable to settle between them the restructuring of the clerical classifications and that part of the application was adjourned. The parties were able to apply the Principle 16 Award Review Process and eventually a draft order reflecting the culmination of the Process was agreed and produced to the Commission. As well as across the board matters such as formatting, clause name changes and re-numbering and the removal of obsolete clauses, revised definitions were introduced for casual, full-time permanent employees and for trainees. The occupational superannuation clause was also revised. Discriminatory provisions were removed. A 17.5 per cent annual leave loading clause was inserted and the minimum wage provision, together with the related leave loading provision, were deleted. A specific dispute resolution clause, suited to the award, was included. The Tasmanian Chamber of Commerce and Industry Limited advised the Commission of its agreement to the matters included in the draft order. The parties submitted that the amendments to the award contained in the draft order were clearly within the ambit of the Award Review Process and, on that basis, they requested approval for the application. The union submitted a summary list of the changes to the award incorporated in the draft order. It was agreed that the proposed amended award would commence to operate from the first full pay period to commence on or after 11 April 2000. I accept the submissions of the parties: the award will be amended in accordance with the draft order operative from the agreed date. An order is attached.
P A Imlach Appearances: Date and place of hearing: |