TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984 s.23 application for award or variation of award
Automotive, Food, Metals, Engineering,
Printing & Kindred Industries Union
(T9320 of 2000)
AUTOMOTIVE INDUSTRIES AWARD
DEPUTY PRESIDENT J WATLING |
HOBART, 6 July 2001
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Award variation - reformatting of award - application amended - application granted - award varied Appendix 1 - operative date ffpp 6 July 2001
REASONS FOR DECISION
[1] This amended application, lodged by the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (the applicant), was for the purpose of varying the Automotive Industries Award to give effect to Principle 12 - Award Review Process of the Wage Fixing Principles in the manner set out in "Appendix 1" in this decision.
[2] The parties presented submissions in support of the amended application.
[3] I approve the consent variations as they are consistent with the Wage Fixing Principles and the public interest requirements of the Act.
[4] The award will be varied in the manner set out in the draft Order and summarised in Appendix 1 attached, with the operative effect from the first full pay period to commence on or after 6 July 2001.
[5] The Order [Correction Order] giving effect to this decision is attached.
R J Watling
DEPUTY PRESIDENT
Appearances:
Mr P Baker (7.2.01, and 13.3.01) for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union (5.6.01)
Mr J O'Neill (7.2.01) and Mr M Watson (13.3.01 and 5.6.01) for the Tasmanian Chamber of Commerce and Industry Limited
Ms L Yilmaz for the Victorian Automobile Chamber of Commerce (5.6.01)
Date and place of hearing:
2001
February 7
March 13
June 5
Hobart
APPENDIX 1
SUMMARY OF CHANGES TO THE AUTOMOTIVE INDUSTRIES AWARD
PREVIOUS AWARD CLAUSE
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New Headings - Part I - Application and Operation of the Award to Part X - Vehicle Salespersons inclusive |
1. Title |
No change |
2. Scope |
Re-numbered Part I - Application and Operation of the Award, Clause 3 - Scope |
3. Arrangement |
Re-named "Index" Re-numbered Part I - Application and Operation of the Award, Clause 2 - Index |
4. Date Of Operation |
ffpp 6 July 2001 |
5. Supersession and Savings |
Re-named "Supersession" Re-numbered Part I - Application and Operation of the Award, Clause 6 - Supersession and proviso deleted
By deleting the number 2 and insert 3 where it appears
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6. Parties and Persons Bound |
Re-named "Award Interest" - Re-numbered Part I - Application and Operation of the Award, Clause 5 - Award Interest; and rewritten consistent with Tasmanian Industrial Commission rule |
7. Definitions |
Split in two. Classification Structure at Part III - Wage Rates and Related Matters, Clause 3 - Classification Structure and Implementation; balance in Definitions at Part II - Employment Relationship and Associated Matters, Clause 3 - Definitions, and a new definition included "Apprentice" |
8. Wage Rates |
Re-Numbered Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates
(a) delete "Clause 7 - Definitions" and insert "Part III - Wage Rates and Related Matters, Clause 3 - Classification Structure and Implementation
(e) Minimum Wage (i)- by deleting "Clause 8(a)" and insert "Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates"
(g) Adult Apprentice -
(ii) by deleting "Clause 8(a)" and insert "Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates"
(iii) by deleting "Clause 8(a)" and insert "Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates"
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9. Annual Leave |
Re-numbered Part VI - Leave and Holidays with Pay, Clause 1 - Annual Leave
(b) by deleting "Clause 16" and insert "Part V - Hours of Work, Shift Work and Overtime, Clause 1 - Holidays with Pay"
(f) Payment for Period of Annual Leave - by deleting "Clause 40" and insert "Part X - Vehicle Salespersons".
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10. Compassionate Leave |
Re-numbered Part VI - Leave and Holidays with Pay, Clause 2 - Compassionate Leave |
11. Contract of Employment |
Re-numbered Part II - Employment Relationship and Associated Matters, Clause 1 - Contract of Employment
(v) by deleting "Clause No's 17, 22, 27, 29, 35" and insert "Part V - Hours of Work, Shift Work and Overtime, Clause 2 - Holiday Work; Part V - Hours of Work, Shift Work and Overtime, Clause 4 - Overtime; Part II - Employment Relationship and Associated Matters, Clause 4 - Rest Period; Part V - Hours of Work, Shift Work and Overtime, Clause 5 - Saturday Work; Part V - Hours of Work, Shift Work and Overtime, Clause 6 - Sunday Work" respectively
(g)(ii) by deleting "Clause No's 9, 10, 32, 16" and insert "Part VI - Leave and Holidays with Pay, Clause 1 - Annual Leave; Part VI - Leave and Holidays with Pay, Clause 2 - Compassionate Leave; Part IV - Allowances, Clause 3; Part V - Hours of Work, Shift Work and Overtime, Clause 1 - Holidays with Pay" respectively
(i) by deleting "Clause 18" and insert "Part V - Hours of Work, Shift Work and Overtime, Clause 3 - Hours".
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12. Damage to Clothing and Tools |
Re-numbered Part IX - Miscellaneous Provisions, Clause 1 - Damage of Clothing and Tools |
13. Deduction from Wages |
Re-numbered Part II - Employment Relationship and Associated Matters, Clause 2 - Deduction from Wages |
14. First Aid |
Re-numbered Part IV - Allowances, Clause 1 - First Aid |
15. Gear and Equipment |
Re-numbered Part IV - Allowances, Clause 2 - Gear and Equipment |
16. Holidays with Pay |
Re-numbered Part V - Hours of Work, Shift Work and Overtime, Clause 1 - Holidays with Pay
(a) by deleting "Clause 7" and insert "Part II - Employment Relationship and Associated Matters, Clause 3 - Definitions"
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17. Holiday Work |
Re-numbered Part V - Hours of Work, Shift Work and Overtime, Clause 2 - Holiday Work
By deleting "Clause 16" and replace with "Part V - Hours of Work, Shift Work and Overtime, Clause 1 - Holidays with Pay"
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18. Hours |
Re-numbered Part V - Hours of Work, Shift Work and Overtime, Clause 3 - Hours |
19. Mixed Functions |
Re-numbered Part III - Wage Rates and Related Matters, Clause 5 - Mixed Functions |
20. Notice Board |
Re-numbered Part VIII - Award Compliance and Union Related Matters, Clause 1 - Notice Board |
21. Occupational
Superannuation
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Re-numbered Part III - Wage Rates and Related Matters, Clause 6 and renamed Superannuation and includes Appendix C at subclause (e) |
22. Overtime |
Re-numbered Part V - Hours of Work, Shift Work and Overtime, Clause 4 - Overtime |
23. Parental Leave |
Re-numbered Part VI - Leave and Holidays with Pay, Clause 4 - Parental Leave and rewritten consistent with Tasmanian Industrial Commission decision |
24. Payment of Wages |
Re-numbered Part III - Wage Rates and Related Matters, Clause 7 - Payment of Wages |
25. Piecework |
Re-numbered Part III - Wage Rates and Related Matters, Clause 4 - Piecework
By deleting "Clause 8" and insert "Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates
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26. Posting of Award |
Re-numbered Part VIII - Award Compliance and Union Related Matters, Clause 2 - Posting of Award |
27. Rest Period |
Re-numbered Part II - Employment Relationship and Associated Matters, Clause 4 - Rest Period |
28. Right of Entry |
Re-numbered Part VIII - Award Compliance and Union Related Matters, Clause 3 - Right of Entry |
29. Saturday Work |
Re-numbered Part V - Hours of Work, Shift Work and Overtime, Clause 5 - Saturday Work |
30. Settlement of Disputes |
Re-numbered Part VII - Consultation and Dispute Resolution, Clause 1 - Settlement of Disputes |
31. Shop Steward |
Re-numbered Part VIII - Award Compliance and Union Related Matters, Clause 4 - Shop Stewards |
32. Sick leave |
Re-numbered Part VI - Leave and Holidays with Pay, Clause 5 - Sick leave |
33. Special Rates |
Re-numbered Part IV - Allowances, Clause 3 - Special Rates |
34. Structural Efficiency |
Re-numbered Part VII - Consultation and Dispute Resolution, Clause 2 - Structural Efficiency |
35. Sunday Work |
Re-numbered Part V - Hours of Work, Shift Work and Overtime, Clause 6 - Sunday Work |
36. Suspension |
Re-numbered Part II - Employment Relationship and Associated Matters, Clause 5 - Suspension |
37. Time and Wages Book |
Re-numbered Part II - Employment Relationship and Associated Matters, Clause 6 - Time and Wages Book |
38. Training |
Re-numbered Part IX - Miscellaneous Provisions, Clause 2 - Training
(f) by deleting "Clause 30" and insert "Part VII - Consultation and Dispute Resolution, Clause 1 - Settlement of Disputes
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39. Travelling, Accommodation, and Use of Motor Vehicles |
Re-numbered Part IX - Miscellaneous Provisions, Clause 3 - Travelling, Accommodation, and Use of Motor Vehicles |
40. Vehicle Salesperson - Conditions for Employees |
Re-numbered Part X - Vehicle Salespersons, Clause 1 - and renamed Conditions for Vehicle Salespersons
(h) Travelling Allowance - by deleting $10.00" and inserting "$10.40"
(e) General Conditions - by deleting "Clause No's 9, 22, 30, 34, 36, 38" and insert "Part VI - Leave and Holidays with Pay, Clause 1 - Annual Leave; Part III - Wage Rates and Related Matters, Clause 6 - Superannuation; Part VII - Consultation and Dispute Resolution, Clause 1 - Settlement of Disputes; Part VII - Consultation and Dispute Resolution, Clause 2 - Structural Efficiency; Part II - Employment Relationship and Associated Matters, Clause 5 - Suspension; Part IX - Miscellaneous Provisions, Clause 2 - Training".
(f) Meal Allowance - by deleting "Clause 16" and insert "Part V - Hours of Work, Shift Work and Overtime, Clause 1 - Holidays with Pay".
(i) Use of Motor Vehicles - by deleting "Clause 8" and insert "Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates
(j) Work on Sunday - (i) and (ii) - by deleting "Clause 8" and insert "Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates"
(k) Work on Holidays and Days Off - (i) and (ii) - by deleting "Clause 8" and insert "Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates"
(ii) by deleting "Clause 16" and insert "Part V - Hours of Work, Shift Work and Overtime, Clause 1 - Holidays with Pay"
(1) and (2) by deleting "Clause 8" and insert "Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates"
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Appendix A |
Renumbered Part III - Wage Rates and Related Matters, Clause 3 - Classification Structure and Implementation, subclause (b) paragraph (xi), Step Two |
Appendix B |
Renumbered Part III - Wage Rates and Related Matters, Clause 3 - and renamed Classification Structure and Implementation, subclause (b) |
Appendix C |
Renumbered and added to Part III - Wage Rates and Related Matters, Clause 6 - Superannuation subclause (e) |
New Clause inserted "Carer's Leave" |
Part VI - Leave and Holidays with Pay, Clause 3 - Carer's Leave |
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