TASMANIAN INDUSTRIAL COMMISSION

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

Shop, Distributive and Allied Employees Association, Tasmanian Branch
(T9119 of 2000)

HAIRDRESSERS AWARD

Award variation - Safety Net Adjustment - State Wage Case July 1999 - wage rates - consent matter - increase in wage rates and certificate allowance - operative date ffpp 21 August 2000

REASONS FOR DECISION

On 21 July 2000, an application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by the Shop, Distributive and Allied Employees Association, Tasmanian Branch (the applicant), for the purpose of varying the Hairdressers Award to reflect the safety net adjustment arising out of the 1999 State Wage Case decision (T8483 of 1999)

Mr Noonan, for the applicant, contended that the application was consistent with that decision wherein the relevant part of Principle 8 - Arbitrated Safety Net Adjustment, stated:

"8.1 All wage rates in private sector minimum rates and paid rates awards, including junior, apprentice and trainee rates (on a proportionate basis) will be varied to include arbitrated safety net adjustments in accordance with the following schedule, on and from beginning of the first full pay period to commence on or after 1 August 1999:

Weekly Award Wage Rate	Safety Net Adjustment
Up to and including $510 per week	$12.00 p.w.
Above $510 per week	$10.00 p.w.

This operative date, however, will only be available in circumstances where:

• existing wage rates in awards have been varied to include the arbitrated safety net adjustment arising out of the July 1998 State Wage Case; and

• a period of at least 12 months has elapsed since the wage rates in the award were increased to reflect the first instalment of the safety net adjustment arising out of the July 1998 State Wage Case."

Mr Noonan submitted that the Hairdressers Award met that criteria. He said the current Wage Fixing Principles allowed for increases determined under previous principles to be reflected in awards and, in particular, he referred to Principle 2, Previous State Wage Cases, wherein it stated:

"2.    PREVIOUS STATE WAGE CASES

Increases available under previous State Wage Case decisions relating to structural efficiency adjustments, minimum rates adjustments and safety net adjustments will, on application, continue to be accessible. Such applications will be determined using the relevant principles contained in those decisions, notwithstanding that all earlier statements of principle are otherwise set aside.

The spacing of increases to awards determined by previous State Wage Case decisions may be determined by agreement between the parties to any particular award or failing agreement by decision of the Commission."

Mr Noonan concluded his submissions by submitting the application was consistent with the Wage Fixing Principles and the public interest test required pursuant to s.36 of the Act.

The application was not opposed by Mr Flood, of the Tasmanian Chamber of Commerce and Industry Limited; or Mr A Steven, of The Retail Traders Association of Tasmania.

Given the submissions of the parties, I approve the application to vary the Hairdressers Award in the manner sought by the applicant, as it was consistent with the Wage Fixing Principles and the provisions of s.36 of the Industrial Relations Act 1984.

The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 21 August 2000.

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr P Noonan for the Shop, Distributive and Allied Employees Association, Tasmanian Branch
Mr A Steven for The Retail Traders Association of Tasmania
Mr A Flood for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2000
August 21
Hobart