TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T10671 of 2003)

METAL AND ENGINEERING INDUSTRY AWARD

Award variation - application amended - wage rates - restoration of calculation for trainee - engineering associate - application approved - award varied - operative date ffpp 1 August 2002

REASONS FOR DECISION

[1] This is amended application, pursuant to s.23 of the Industrial Relations Act 1984, was made by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) and lodged on 16 January 2003.

[2] The application sought to vary the Metal and Engineering Industry Award; and, in particular to restore the method for calculating the wage rates for trainee - engineering associate employees to that which applied at the time the award was restructured and consolidated1.

[3] The application claimed that:

"When the award was issued from 1 August 20022 the base rate and supplementary payment columns were combined which resulted in significant weekly increases for trainee - engineering associate employees. This was never the intention of the parties during the award review process and has occurred inadvertently by an oversight."

[4] Mr R Rollins, for the TCCI, presented submissions in order to establish how the error occurred and said it was similar in circumstances to matter T10597 of 2002.

[5] Mr P Baker for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and Mr C Dodds for the Australian Municipal, Administrative, Clerical and Services Union supported the submissions of Mr Rollins.

[6] Given the submissions of the parties and the degree of consent, I approve the variation to the award in the manner sought by Mr Rollins along with the agreed proviso.

[7] The Order giving effect to this decision is attached.

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr R Rollins for the Tasmanian Chamber of Commerce and Industry Limited
Mr P Baker for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr C Dodds for the Australian Municipal, Administrative, Clerical and Services Union

Date and place of hearing:
2003
January 28
Hobart

1 T5998 & 6275 & 6278 of 1996; T7268 of 1997; T9626 of 2001; T10095 & 10130 & 10163 of 2002
2 Order No. 2 of 2002 (Consolidated) T10230, T10288 and T10289 of 2002