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T10727

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T10727 of 2003)

TEMCO ENTERPRISE AWARD

 

COMMISSIONER T J ABEY

HOBART, 1 May 2003

Award variation - Clause 8 - Salaries - transfer into award salaries applicable under previously expired agreement - operative date ffpp 30 April 2003

REASONS FOR DECISION

[1] On 25 February 2003 an application was lodged by The Australian Workers' Union, Tasmania Branch, pursuant to Section 23 of the Industrial Relations Act 1984, to vary the TEMCO Enterprise Award.

[2] When this matter came on for hearing on 30 April 2003, Mr R Flanagan appeared for the applicant, Mr A Benson appeared for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, and Mr W J Fitzgerald appeared for the Australian Mines and Metals Association (Incorporated).

[3] Mr Flanagan explained wage rates and conditions of employment for employees of TEMCO were subject to an Agreement registered pursuant to Section 55 of the Act.

[4] In accordance with past custom and practice, the purpose of this application was to transfer into the enterprise specific Award salaries applicable under the previously expired Agreement, effectively providing a safety net in the event that either party sought to retire from the existing Agreement.

[5] Mr Flanagan submitted that the cost impact of the application would be nil.

[6] Mr Benson and Mr Fitzgerald supported the submissions of Mr Flanagan.

[7] I am satisfied that the application is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

[8] The application is granted and shall take effect from the beginning of the first full pay period to commence on or after 30 April 2003.

[9] The Order reflecting this decision is attached.

 

Tim Abey
COMMISSIONER

Appearances:
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr A Benson for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr W J Fitzgerald for Australian Mines and Metals Association (Incorporated)

Date and Place of Hearing:
2003
April 30
Hobart