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T9320

 

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

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

NEW AWARD

- 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

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"

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".

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".

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"

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"

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

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

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

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"

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