T10610
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Municipal, Administrative, Clerical and Services Union
Award variation - insert new Part X - Severance Pay and new Schedule 1 - Severance Payments - consent application - operative date 4 December 2002 REASONS FOR DECISION [1] On 16 December 2002 an application was lodged by the Australian Municipal, Administrative, Clerical and Services Union (AMACSU), pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Business Services Award. [2] When this matter came on for hearing on 18 December 2002, Mr I Paterson appeared for AMACSU. Ms J Thomas appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI). [3] Mr Paterson explained that this application arose from a decision1 made pursuant to s. 31[3] of the Act whereby the Commission, as presently constituted, directed AMACSU to lodge an application to vary the award to reflect a severance pay provision for employees of TasPage Pty Ltd, in the event that they are made redundant. Mr Paterson noted that the Company had been placed in administration shortly after the s.29[1] application leading to the above decision, had been lodged. [4] Mr Paterson said the position of the employees was uncertain and that the purpose of this application was to protect the entitlements of employees, in the event that they are subsequently made redundant. [5] Mr Paterson submitted that this application was unique to circumstances of the particular employer and did not seek to establish any general or award-based standard for severance pay. The union would continue to approach redundancy situations on a case-by-case basis and no reliance would, or could be placed on this application, if granted, in terms of precedent. Further, the union would agree to delete the provision in the event that the clause became redundant. [6] Ms Thomas indicated that the TCCI consented to the application on the basis of the commitments offered by the union. [7] I am satisfied that the application is consistent with the public interest requirements of the Act. The award will be varied and will operate on and from 4 December 2002.
Tim Abey Appearances: Date and Place of Hearing: 1 T No. 10592 of 2002 |