T11349
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 National Union of Workers (Central Branch) RUBBER TRADES AWARD
Award variation - casual loading - application approved - operative date ffpp 11 May 2004 REASONS FOR DECISION [1] On 20 February 2004 an application was lodged by the National Union of Workers (Central Branch), pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Rubber Trades Award (the award). [2] At the hearing Mr P Richardson appeared for the National Union of Workers (Central Branch) (NUW), Mr I Paterson appeared for the Australian Municipal, Administrative, Clerical and Services Union (AMACSU) and Mr M Watson appeared on behalf of the Tasmanian Chamber of Commerce and Industry (TCCI). [3] Public notices advising of the date, time and place for hearing of the application were notified to each of the major newspapers in the State. [4] The application was amended at the hearing, by consent, to vary clause 13(d) of the award to provide that "casual employees shall be paid 20% more than the appropriate rate specified herein for the particular class of work performed." [5] The application seeks to increase the loading payable to casual employees from 15% to 20%. [6] Mr Richardson referred to the Rubber, Plastic and Cable Making Industry - General Award, 1996 [AW794720] an award of the Australian Industrial Relations Commission (AIRC), which would have been the relevant federal award to apply to employees in the absence of an award of this Commission. However he submitted that as a consequence of award restructuring the appropriate federal award at this point in time would be the Vehicle Industry Repair Services and Retail Award 1983 [AW824308CRA] which provides a casual loading of 20%. Although Mr Richardson submitted that there was no acknowledged or accepted nexus between those awards and the award the subject of this application he said that the application seeks to do no more than reflect what applies in the federal award. He submitted that the application could be justified on the merit of the claim and that regard should be had to what would otherwise apply to casual employees subject to other jurisdictions. [7] Some reliance was also placed on the reasoning of Commissioner Imlach in a decision issued following an application to vary the Metal and Engineering Industry Award which sought to increase the casual loading from 20% to 25% [T No. 9626 of 2001]. The award was varied and the Commissioner relied, to some extent, on a nexus between the award of this Commission and the Metal Engineering and Associated Industries Award 1998, an award of the AIRC, which had recently been varied to reflect a casual loading of 25%. [8] The application was supported by Mr Paterson from AMACSU and proceeded with the consent of the employers represented by Mr Watson. [9] The Full Bench was satisfied that the application was in accord with the Commission's principles, and the public interest, and endorsed the consent application. [10] Accordingly the award will be varied to increase the casual loading from 15% to 20% as sought in the amended application. [11] The agreed operative date will be from the first full pay period to commence on or after the date of hearing, 11 May 2004. Order
P L Leary Appearances: Date and place of hearing: |