TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Administrative, Clerical and Services Union
(T9353 of 2000)

Barristers and Solicitors Award

Award variation - consent matter - application granted - award varied - operative date ffpp 11 December 2000

REASONS FOR DECISION

On 21 December 2000, an application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, (the Act) by Australian Municipal, Administrative, Clerical and Services Union (the applicant), for the purpose of varying the Barristers and Solicitors Award (the award) to insert a new sub clause.

In a recent decision, arising out of application T9222 of 2000, the Commission approved a new classification structure for the award. This gave rise to a potential anomaly whereby certain individuals may have their wage rate reduced when translated from the old to the new structure.

This application seeks to include in Part 111 clause 2 the following:

"(d) No employee is to be disadvantaged by translation of a position to the classifications described in Part 111 Clause 1 CLASSIFICATION DESCRIPTORS."

This consent application was supported by Mr I Paterson, for the applicant and Mr M Watson, for the Tasmanian Chamber of Commerce and Industry Limited.

I approve the application as it does not offend the Wage Fixing Principals nor s.36 of the Act.

The Order giving effect to this decision will be issued in due course 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 M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2000
January 12
Hobart