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T10130

 

TASMANIAN INDUSTRIAL COMMISSION

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

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
(T10130 of 2002)

METAL AND ENGINEERING INDUSTRY AWARD

 

COMMISSIONER P A IMLACH

HOBART, 14 JUNE 2002

Award variation - replacement subclause 5 Apprentices - insert new subclause 6 Phasing in of Wage Rates of Employees Without Relevant Work Experience - award updated - application granted - included in 1 of 2002 consolidation - operative ffpp 1 July 2002

REASONS FOR DECISION

[1] This was an application made under section 23(1) of the Industrial Relations Act 1984 (the Act) by the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (the union) seeking a variation to be made to the Metal and Engineering Industry Award (the award).

[2] The union sought to vary the award:

    (a) by deleting the present subclause 5 Apprentices of Clause 8 - Wage Rates in the award and inserting a replacement subclause;

    (b) by inserting a new sub-clause 6 Phasing in of Wage Rates of Employees Without Relevant Work Experience in Clause 8 - Wage Rates.

[3] The union produced draft orders in relation to both matters.

[4] In its submissions in relation to apprentices and in explanation, the union said that the proposed expanded provision was consistent with the Federal Metal Engineering and Associated Industries Award 1998 in relation to training and apprentices, but, it was also consistent with the requirements of the State Vocational Education and Training Act 1994 and Regulations. In particular, the proposed provision allowed for accelerated progression on the basis of the approved acquisition of competencies under the training program.

[5] The union pointed out that the variation proposed for employees with appropriate qualifications, but without relevant work experience, provided for percentage incremental rates of pay related to specified award qualification levels. The amendment was self-explanatory in the context of the award.

[6] As to both variations sought in the application, the union submitted that their approval would not be against the public interest, as prescribed, nor the Principles of the Commission.

[7] The Tasmanian Chamber of Commerce and Industry Limited reported that it had canvassed its members and, as a result, it supported the submissions of the union and advised the Commission of its agreement to the application and the draft orders.

[8] I accept the submissions of the parties and the application is approved. The order reflecting the decision will be incorporated in the review and consolidation of the award which is expected to be issued in the very near future and to commence operation on the first full pay period commencing on or after 1 July 2002.

 

P A Imlach
COMMISSIONER

Appearances:
Mr P Baker, Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Ms J Thomas, Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2002
May 22
Hobart