TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T9222 of 2000)

BARRISTERS AND SOLICITORS AWARD

Award variation - classifications descriptors - wage rates - translation - deletion of definition "Adult Entry" - deletion Clause 4 - Estimating Service - deletion of Clause 5 - Progression - consent application - application granted - award varied - operative date 11 December 2000

REASONS FOR DECISION

On 12 May 2000, Commissioner Imlach issued Orders, arising out of application T7903 of 1998, which resulted in restructuring the Barristers and Solicitors Award to give effect to the then Principle 16 - Award Review Process, of the Wage Fixing Principles.

Essentially, that matter involved reformatting the award, however, the parties were not in a position, at that time, to finalise the issue surrounding the restructuring of the clerical classifications contained in the award.

On 3 October 2000, this amended application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by the Australian Municipal, Administrative, Clerical and Services Union (the applicant) to vary the Barristers and Solicitors Award in the following manner:

• by deleting from Part III - Wages and Related Matters, Clause 1 - Classification Descriptors and Clause 2 - Wage Rates and to insert new clauses dealing with the same subject matters;

• by deleting from Part II - Employment Relationship and Associated Matters, Clause 1 - Definitions the definition of "Adult Entry";

• deleting obsolete clauses from Part III - Wages and Related Matters; namely, Clause 4 - Estimating Service; and, Clause 5 - Progression;

• consequential renumbering in Part I - Application and Operation of the Award, Clause 2 - Index;

• consequential renumbering in Part III - Wages and Related Matters, Clause 6 - Payment of Wages (now Clause 4) and Clause 7 - Superannuation (now Clause 5);

• by varying the wage rates to reflect the first of three minimum rate adjustments, pursuant to Principle 2 -Previous State Wage Cases, of the 1999 Wage Fixing Principles; and

• translation from old classification standards to new classification descriptors.

Mr Paterson, for the applicant, in addition to presenting submissions in support of the application, provided an exhibit (Exhibit P.3), showing the agreement of the parties in respect of the second and third minimum rate adjustments.

This matter came before the Commission with the consent of all parties.

Mr J O'Neill, of the Tasmanian Chamber of Commerce and Industry Limited, contended that the application was consistent with the public interest test required of the Commission under s.36 of the Act, and the Wage Fixing Principles. He said, the new classification descriptors reflected the industry's needs and requirements.

I am satisfied, having heard the submissions of the parties, that the award should be varied in the manner sought as the variations are consistent with the Wage Fixing Principles and the Act.

The Order [correction order] giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 11 December 2000.

R J Watling
DEPUTY PRESIDENT

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

Date and place of hearing:
2000
November 8
December 11
Hobart