IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This matter concerns an appeal pursuant to Section 70 of the Industrial Relations Act 1984 against a decision of Commissioner King in which he awarded a pay rate of $283.20 to a new classification of Tamrock DHA 800 Drill Operator, against a claimed rate of $309.00 per week in the Cement Makers Award.

Commissioner King carried out inspections and heard detailed submissions on 30 March 1988. During the course of that hearing it became obvious that the claim would piece the 4% ceiling available under the second tier provisions of the Wage Fixation Principles applicable at that time. Consequently all parties concerned acknowledged that reference would need to be made to the Anomalies Conference.

The matter came before the Anomalies Conference as TA.38 of 1988 on 22 April 1988.

As can be seen, the Reference from the Anomalies Conference was forwarded to Commissioner King only after submissions had concluded. This Reference required him to hear submissions on an "inequity".

However, neither party at the original hearing addressed this question as all of the submissions were in relation to work value.

We believe it is only proper for the parties to be given an opportunity to address the matter that was referred from the Anomalies Conference.

For these reasons we uphold the appeal on a technical point and redirect the matter back to Commissioner King for further hearing and consideration of the claim pursuant to the President's finding in the Anomalies Conference.