TASMANIAN INDUSTRIAL COMMISSION

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

Transport Workers' Union of Australia (Victorian/Tasmanian Branch)
(T10296 of 2002)

Transport Workers General Award

Award variation - inclusion of Safety net Adjustments for 1997, 1998,1999, 2000 and 2001 - expansion of grades within award - consent matter - increases to be phased in - application granted - award varied - operative date of first increase ffpp 12 September 2002 - further orders to issue 1 February 2003, 1 February 2004 and 1 February 2005

REASONS FOR DECISION

[1] On 8 July 2002, an application was lodged by the Transport Workers' Union of Australia (Victorian/Tasmanian Branch) [the union], pursuant to s.23 of the Industrial Relations Act 1984, to vary the Transport Workers General Award.

[2] The matter was heard on 12 September 2002 at the Commonwealth Law Courts, 39-41 Davey Street, Hobart Tasmania.

[3] Mr W Noonan appeared on behalf of the union and Mr Mark Watson appeared on behalf of the Tasmanian Chamber of Commerce and Industry.

[4] The parties advised the Commission that the application was by consent and that the following arrangements for the phasing in of the 1997, 1998, 1999, 2000 and 2001 safety net adjustments had been agreed to:

• 2002 safety net adjustment to apply from the first full pay period following a decision of the Commission

• The 1997 and 1998 safety net adjustments to be phased into the award from the first full pay period on or after 1 February 2003

• In July/August 2003 any safety net adjustment awarded in that year will be added to all wage rates still to be phased in

• The 1999 and 2000 safety net adjustments will be phased into the award from the first full pay period on or after 1 February 2004

• In July/August of 2004 any safety net adjustment awarded in that year will be added to all wage rates still to be phased in

• The 2001 safety net adjustment will be incorporated into the wages rates from the first full pay period on or after 1 February 2005, thus completing the phasing-in process.

[5] The parties also agreed to an expansion of the grades within the award, through the renumbering of grades 7 and 8 and the inclusion of new grades 7 to 10.

[6] Mr Noonan said that the new Grade 7 applied to B doubles up to 53.4 tonnes gross combination mass [GCM] and a loader classification over 54 tonnes GCM. The renumbering of the old grades 7 and 8 and the inclusion of a new classification allows for B doubles exceeding 53.4 gcm. The new Grade 9 covers multi-trailer combinations exceeding 94 tonnes GCM. Grade 10 is the previous Grade 8.

[7] The application is approved, as it is consistent with the Wage Fixing Principles.

[8] Attached to this decision is the first of a series of Orders that will be issued. The operative date of the first Order is the first full pay period on or after 12 September 2002.

[9] Further Orders, reflecting the consent position and decision in respect of this application will be issued on or around 1 February 2003, 1 February 2004 and 1 February 2005, in addition to Orders which may arise out of anticipated 2003 and 2004 state wage cases. This will then complete the phasing-in process and will bring the award up to date, apart from applications still to come in respect of meal allowances, and the insertion of the minimum wage clause.

P C Shelley
COMMISSIONER

Appearances:
Mr W Noonan for the Transport Workers' Union of Australia (Victorian/Tasmanian Branch)
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2002
September 12
Hobart