T9229
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union - LEATHER, CANVAS AND SHEET PLASTIC FABRICATION AWARD
Award variation - minimum rates adjustments - application granted - award varied - operative date ffpp 1 January 2001 REASONS FOR DECISION On 10 October 2000 an application was lodged by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (ALHMWU), pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Leather, Canvas and Sheet Plastic Fabrication Award. When this matter first came on for hearing on 18 December 2000, Mr P Tullgren appeared for the ALHMWU. Mr P Mazengarb appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI). Following preliminary submissions the hearing was adjourned to enable Mr Mazengarb to consult with his members and for the parties to confer on the application. The hearing resumed on 7 February 2001. Mr Tullgren advised that the application sought to apply the Minimum Rates Adjustment together with some consequential modifications to the classification structure. Mr Tullgren said that the application sought to reflect as closely as possible the AIRC decision of Her Honour, Senior Deputy President Marsh, on 31 July 2000 in relation to the Saddlery, Leather, Canvas and Plastic Material Workers Award 1999.1 On 9 August 2000 Her Honour issued an order reflecting that decision.2 To properly reflect Her Honour's decision, the Sail Maker, which was previously the trade rate, now becomes the post trade rate, equivalent to Classification C9 in the Metal Industry Award. The Cutter rate, previously below the trade rate, now becomes the trade rate, equivalent to the C10 rate in the Metal Industry Award. Mr Tullgren explained that the Level 1 classification is effectively a "hybrid" in that it draws from the descriptors in Levels 1, 2 and 3 of Her Honour's decision. Mr Tullgren said that the MRA process was designed to take the existing rates up to the level prescribed in the Federal Award in four instalments, commencing from 1 January 2001 and concluding on 1 July 2002. Mr Mazengarb said that TCCI was in a position to consent to the application. I am satisfied that the application is consistent with the Wage Fixing Principles and not contrary to the public interest. The application is therefore granted with the first instalment to operate from the beginning of the first pay period to commence on or after 1 January 2001. The order reflecting this decision is attached.
Tim Abey Appearances: Date and Place of Hearing: |