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T10409

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and Miscellaneous Workers Union
- Tasmanian Branch

(T10409 of 2002)

ICE CREAM MAKERS AWARD

 

DEPUTY PRESIDENT R J WATLING

HOBART, 10 October 2002

Award variation - application amended - wage rates - 4th and final minimum rate adjustment - safety net adjustment - meal allowance - supported wage - consent matters - application granted - award varied - operative ffpp 8 October 2002 - except Paragraph (ii) of Clause 8 - Wage Rates, subclause (a) - Adult Employees ffpp 1 March 2003

REASONS FOR DECISION

[1] This amended application was made pursuant to s.23 of the Industrial Relations Act 1984, by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the applicant), on 10 September 2002.

[2] The application sought to vary the Ice Cream Makers Award by increasing the wage rates contained in Clause 8. However, at the commencement of the hearing Mr P Tullgren, for the applicant, sought and was granted leave to amend the application to:

  • increase the wage rates to include the safety net adjustments arising out of State Wage Case decisions from 1993 to date;

  • increase the wage rates to include the fourth and final minimum rates adjustment;

  • increase the meal allowance and the supported wage, where appearing in the award, to the amounts specified in the 2002 State Wage Case decision.

[3] In respect to the safety net adjustment increases, Mr P Tullgren presented Exhibit T1 (see attachment) that represented an agreement, between the parties to the award, as to how and when the increases would be implemented.

[4] He said the increases to be operative from the first full pay period to commence on or after 8 October 2002 included the fourth and final minimum rates adjustment and the safety net adjustment increases arising out of State Wage Case decisions up to and including the 1998 decision.

[5] The increases to be operative from the first full pay period to commence on or after 1 March 2003, Mr Tullgren submitted, reflected the safety net adjustment increases arising out of State Wage Case decisions up to and including the 2000 decision.

[6] Mr Tullgren further submitted that the parties had agreed that a consent order arising out of these proceedings should reflect that part of Exhibit T1 giving effect to the 8 October 2002 and the 1 March 2003 increases along with increasing the meal allowance to $11.90 and the supported wage to $56.00.

[7] Future applications would be made, Mr Tullgren submitted, to implement the agreed programme as outlined in Exhibit T1 and the transcript of these proceedings. This, he said, would be some time after the next State Wage Case.

[8] Ms J Thomas, for the Tasmanian Chamber of Commerce and Industry Limited, supported the submissions of the applicant.

[9] Having considered the submissions of the parties, I am prepared to approve these variations, as they are consistent with the Wage Fixing Principles.

[10] The Order giving effect to this decision attached.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2002
October 8
Hobart

Exhibit T.1

ICE CREAM MAKERS AWARD

From the first full pay period to commence on or after 8 October 2002

Level

Relativity
%

Base Rate

Safety Net Adjustment

Weekly Rate

Level 1

82

342.10

48

390.10

Level 2

87.4

364.60

48

412.60

Level 3

92.4

385.50

48

433.50

Level 4

100

417.20

48

465.20

Delete subclause 8(c) - Supplementary Payments

Increase meal allowance to $11.90 and supported wage to $56 (in line with 2002 decision)

From the first full pay period to commence on or after 1 March 2003

(+$27 safety net increase - 1999 and 2000 decisions)

Level

Relativity
%

Base Rate

Safety Net Adjustment

Weekly Rate

Level 1

82

342.10

75

417.10

Level 2

87.4

364.60

75

439.60

Level 3

92.4

385.50

75

460.50

Level 4

100

417.20

75

492.20

From the first full pay period to commence on or after 1 March 2004

(+$13/15 - 2001)

Level

Relativity
%

Base Rate

Safety Net Adjustment

Weekly Rate

Level 1

82

342.10

88

430.10

Level 2

87.4

364.60

88

452.60

Level 3

92.4

385.50

88

473.50

Level 4

100

417.20

90

507.20

From the first full pay period to commence on or after 1 December 2004

Level

Relativity
%

Base Rate

Safety Net Adjustment

Weekly Rate

Level 1

82

342.10

106

448.10

Level 2

87.4

364.60

106

470.60

Level 3

92.4

385.50

106

491.50

Level 4

100

417.20

108

525.20

Intervening safety net adjustment increases (incl increases to meal allowances and supported wage) to operate from date specified by the Full Bench.