T10658
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Shop, Distributive and Allied Employees Association, Tasmanian Branch Hairdressing, Health and Beauty Industry Award
Award variation - Safety Net Review 2002 - award varied - operative date ffpp 7 January 2003 REASONS FOR DECISION [1] On 7 January 2003, an application was lodged by the Shop, Distributive and Allied Employees Association, Tasmanian Branch, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Hairdressing, Health and Beauty Industry Award Award. [2] The applicant sought to vary the Award in a manner consistent with the Safety Net Review 2002 to increase Award rates by $18 per week. [3] A hearing was convened on 13 February 2003 at the Commonwealth Law Courts, 39-41 Davey Street, Hobart. [4] At the hearing Mr P Griffin appeared for the Shop, Distributive and Allied Employees Association, Tasmanian Branch. Ms J Thomas appeared for the Tasmanian Chamber of Commerce and Industry Limited [TCCI] and Mr T Stevens for the Hairdressing Federation of Tasmania. [5] Mr Griffin gave oral submissions in support of the application. He stated that this order would complete the safety net process. The only outstanding part is the fourth Minimum Rates Adjustment which is subject to be completed by 1 April 2003. [6] Ms Thomas indicated that the TCCI would consent to the application of the safety net adjustment of $18 to the wage rates in the award. However she objected to the operative date of 1 January 2003 which was sought. She stated that the union had agreed that the application be made to the Commission in December of 2002. This had not happened and members of the TCCI would be disadvantaged if they were to owe their employees six weeks of safety net adjustment. [7] Mr Griffin, for the union, said that it was true that the application wasn't made until 7 January 2003 but that it had been an agreed position between the parties that 1 January, or the first full pay period after that date, would be when the amount was processed. [8] Having considered these submissions, I have decided that the operative date will be from the date the application was made, that is, 7 January 2003. [9] The Order giving effect to this Decision is attached.
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