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T5538 (13 July 1995)

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T.5538 of 1995)

NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD

 

FULL BENCH
DEPUTY PRESIDENT A ROBINSON
COMMISSIONER R J WATLING
COMMISSIONER R K GOZZI

HOBART, 13 July 1995

Award variation - National Training Wage - extension to list of industries covered - application granted - remainder reserved - operative ffpp 3 July 1995

REASONS FOR DECISION

On 23 June 1995 we decided to make a new National Training Wage (Tasmanian Private Sector) Award having application to forty four private sector awards of the Commission.

In addition we decided to amend three (3) occupational awards in such a manner as to give effect to the extension of the National Training Wage provisions to those awards, making a total of 47.

At a resumed hearing on 7 July 1995 employer and trade union representatives acknowledged that whilst there were circumstances which made it appropriate to exclude seven (7) other awards from the original list of awards whose industries were sought to be covered in TCCI application T5538 of 1995 another twelve (12) were no longer opposed and could be added to schedule "A" of the new award thus making a total of fifty nine (59).

Whereas government and private employer advocates sought that the balance of awards listed in the application should be immediately included in "appendix A" of the new National Training Wage (Tasmanian Private Sector) Award, union advocates said that:

(a) the Abattoirs Award; the Meat Trades Award; the Meat Industries Award and the Furnishing Trades Award should not be included in the schedule;

(b) The AWU-FIME Amalgamated Union, Tasmania Branch (AWU-FIME) may, if given more time, be prepared to consent to the addition of two more awards for inclusion in the new award in the light of new information provided at the hearing and promised to respond quickly in this regard to the Commission in writing;

(c) The AWU-FIME sought an adjournment to provide more time for the various parties to enter into negotiations concerning the appropriateness or otherwise of including in the new award the balance of the industries specified in awards of the Commission.

Having regard for the circumstances we have decided to add the following awards to appendix "A" and to amend the National Training Wage (Tasmanian Private Industry) Award accordingly:

Bootmakers Award
Chemists Award
Clothing Makers Award
Fibreglass and Plastics Award
Fuel Merchants Award
Insurance Award
Produce Award
Retail Pharmacy Award
Softgoods Award
Textile Award
Wholesale Pharmaceutical Award
Wholesale Trades Award

The order arising out of this decision is attached and will be operative from the first full pay period commencing on or after 13 July 1995.

In so far as the balance of outstanding awards is concerned and whose inclusion in appendix "A" is yet to be decided, we will allow further time for closer examination of the ramifications of granting the application in each case and note that it appeared to be an acknowledged fact that in a proportion of cases no formal industry training programs have yet been developed in respect of occupations covered within the scope of some of the awards in this category.

We believe substantial progress has been made to date in settling upon a considerable number of awards whose industries most readily lend themselves to the benefits which will flow from embracing the latest traineeship scheme and without causing unnecessary disputation.

Similarly we believe the parties are capable of building upon the progress made thus far and further refining the number of suitable awards to be considered for inclusion.

 

Appearances:
Mr K O'Brien with Mr D O'Byrne for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Mr P Baker for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr C Brown for the Health Services Union of Australia, Tasmania No 1 Branch
Mr G Cooper for The AWU-FIME Amalgamated Union, Tasmania Branch, the National Union of Workers, Tasmanian Branch, the Textile, Clothing and Footwear Union of Australia, Tasmanian Branch and The Australasian Meat Industry Employees Union, Tasmanian Branch
Mr J Swallow for The Australasian Meat Industry Employees Union, Tasmanian Branch
Mr M Cordwell and Mr J Gill for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr P Noonan for the Shop Distributive and Allied Employees Association, Tasmanian Branch
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union
Mr R Warwick for the Tasmanian Trades and Labor Council
Mr R Joyce for the Tasmanian Automobile Chamber of Commerce
Mr D McDougall for the Tasmanian Chamber of Retailers
Mr S Knott for the Australian Mines and Metals Association (Incorporated) and on behalf of Emu Bay Railway Company Limited and Pasminco Metals - Rosebery (West Coast Mines)
Mr K Rice for the Tasmanian Farmers and Graziers Employers Association
Mr M Flynn for the Meat and Allied Trades' Federation of Australia (Tasmanian Division)
Mr T Edwards with Mr M Watson and Mr B Murray for the Tasmanian Chamber of Commerce and Industry Limited on behalf of the Tasmanian Farmers and Graziers Employers Association, the Tasmanian Sawmillers Industrial Association, the Hop Producers' Association of Tasmania, the Metal Industries Association Tasmania, Pasminco Metals - EZ (Risdon), Goliath Portland Cement Company Limited, Railton, the Retail Traders Association of Tasmania, the Pharmacy Guild of Australia, the Master Builders Association, the Printing and Allied Trades Employers' Federation of Australia and the Community Services Employer Organisation (Tasmania)
Mr T Pearce intervening for the Minister for Industrial Relations and Training

Date and Place of Hearing:
1995
Hobart
June 16
July 7