T9925 and T12212
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Municipal, Administrative, Clerical and Services Union COMMUNITY SERVICES AWARD
Award variation - casual employees - wage rates - staggered implementation of second step and the third and final step - travelling and motor vehicle expenses - shift work - overtime - application granted - award varied - operative dates as specified throughout the decision REASONS FOR DECISION [1] T9925 of 2001, this amended application, pursuant to s.23 of the Industrial Relations Act 1984, was made by the Australian Municipal, Administrative, Clerical and Services Union seeking to vary the Community Services Award, was lodged on 26 November 2001. [2] On the 21 January 2004, Deputy President Watling determined that changes have taken place in the nature of the work, skill and responsibility of the employees so as to constitute a significant net addition to the work requirements (para 54 of decision issued on 21 January 2004) in accordance with the wage fixing principles of the Commission.A [3] A further decision of the Commission, as currently constituted, issued on 12 August 2004, and subsequently corrected on 22 September 2004, gave effect to the first increase of 6% applying to the first seven classifications and creating the first of the three steps. Order No.2 of 2004 issued on 20 September 2004, with an operative date of the first full pay period to commence on or after 1 October 2004, which completed the first step. [4] Classification 8 would be introduced at the base rate relativity of 210%. This rate would remain unchanged through the twenty-four month process and is in effect the final rate for that Level. [5] The decision also indicated a second increase of 3% to be applied twelve months after the first step, being the second interim step in each grade, excluding Classification 8. [6] On 31 August 2005, Mr I Paterson, for the applicant, Mr C Stringer for the Health Services Union of Australia, Tasmania No. 1 Branch and Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited gave appearances for both applications. [7] In finalizing T9925 of 2001, the parties presented consent submissions for the second and third (final) step increases, with operative dates as follows: · Step 2 - the first full pay period to commence on or after 1 October 2005; and · Step 3 - the first full pay period to commence on or after 1 October 2006. [8] The second application, T12212 of 2005 (as amended), pursuant to s.23 of the Industrial Relations Act 1984, made by the Australian Municipal, Administrative, Clerical and Services Union seeking to vary the Community Services Award, was lodged on 12 August 2005. [9] This application, the parties informed the Commission, included further consent amendments to be inserted in the award at: · Part II - Employment Relationship and Associated Matters, Clause 2 - Employment Categories, subclause (c); · Part IV - Allowances, Clause 6 - Travelling and Motor Vehicle Expenses, subclause (a); and · Part V - Hours of work, Shift Work and Overtime, Clause 2 - Shift Work - replace subclause (d). [10] Application T9925 of 2001 is granted with specific operative dates as indicated above at Steps 1 and 2. The amendments as sought in application T12212 of 2005 will be operative from the first full pay period commencing on or after 6 September 2005. The award will be varied in the manner sought. [11] The variations are consistent with the Wage Fixing Principles and the public interest requirements of the Act and, I decide accordingly. [12] The Order giving effect to the variations in this decision is attached.
James P McAlpine Appearances: Date and Place of Hearing:
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