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T10344

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T10344 of 2002)

Clay and Mud Products Award

 

COMMISSIONER P C SHELLEY

HOBART, 22 October 2002

Award variation - Wage Rates Clause 8 - new Minimum Wage Clause

REASONS FOR DECISION

[1] On 1 August 2002, an application was lodged by The Australian Workers' Union, Tasmania Branch, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Clay and Mud Products Award.

[2] The terms of the application were firstly to delete the current rate of pay for a Grade 4 Clay and Mud Products Worker, appearing in Clause 8(a) - Wage Rates of the Award and to insert in lieu thereof the amount of $431.30 and to vary the relativity accordingly, and secondly to insert a new subclause (f) - Minimum Wage in Clause 8 - WAGE RATES.

[3] A hearing was set down at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on 12 September 2002 at 10.30 am.

[4] At the hearing Mr R Flanagan appeared for The Australian Workers' Union, Tasmania Branch while Mr J O'Neill appeared on behalf of the Tasmanian Chamber of Commerce and Industry Limited.

[5] Mr Flanagan submitted that this application sought to give effect to the state minimum rate as determined by the State Wage Case of 2002 in accordance with section 35(1)(b) of the Industrial Relations Act 1984. Negotiations had taken place between the Union and the Tasmanian Chamber of Commerce and Industry Limited. The parties had reached agreement for a consent way forward, which was that the award would be varied in two stages, with two increases of $4.15 each at the Clay and Mud Products Worker Grade 4 level, bringing the rate up to the state minimum wage of $431.40.

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

[7] Attached to this decision is the Order. The operative dates for the wage increases are from the first full pay period on or after 1 October 2002 and from the first full pay period on or after 1 April 2003. In the case of the new subclause (f) - Minimum Wage in Clause 8 - WAGE RATES the operative date is to be from the first full pay period on or after 1 April 2003.

 

P C Shelley
COMMISSIONER

Appearances:
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2002
September 12
Hobart