TASMANIAN INDUSTRIAL COMMISSION

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

See end of Decision for Awards Varied

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
(T.5570 of 1995)
AUTOMOTIVE INDUSTRIES AWARD

(T.5571 of 1995)
DRAUGHTING AND TECHNICAL OFFICERS (PRIVATE INDUSTRY) AWARD
(T.5572 of 1995)
PRINTERS AWARD
(T.5573 of 1995)
SHIPBUILDERS AWARD
(T.5575 of 1995)
SURVEYORS (PRIVATE INDUSTRY) AWARD

The Australian Institute of Marine and Power Engineers
(T.5617 of 1995)
SHIPPING AWARD

Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
(T.5544 of 1995)
BAKERS AWARD
(T.5547 of 1995)
FIBREGLASS AND PLASTICS AWARD
(T.5548 of 1995)
HAIRDRESSERS AWARD
(T.5550 of 1995)
ICE CREAM MAKERS AWARD
(T.5551 of 1995)
INDEPENDENT SCHOOLS (NON-TEACHING STAFF) AWARD
(T.5552 of 1995)
LAUNDRY AND DRY CLEANING AWARD
(T.5553 of 1995)
LEATHER, CANVAS AND SHEET PLASTIC FABRICATION AWARD
(T.5554 of 1995)
MISCELLANEOUS WORKERS AWARD
(T.5555 of 1995)
SECURITY INDUSTRY AWARD
(T.5556 of 1995)
SHIPPING AWARD
(T.5557 of 1995)
WHOLESALE PLANT BAKERIES AWARD
(T.5700 of 1995)
HOTELS, RESORTS, HOSPITALITY AND MOTELS AWARD

Australian Municipal, Administrative, Clerical and Services Union
(T.5578 of 1995)
ABATTOIRS AWARD
(T.5579 of 1995)
AERATED WATERS AWARD
(T.5580 of 1995)
AUTOMOTIVE INDUSTRIES AWARD
(T.5581 of 1995)
BAKERS AWARD
(T.5582 of 1995)
BARRISTERS AND SOLICITORS AWARD
(T.5583 of 1995)
BROADCASTING AND TELEVISION AWARD
(T.5584 of 1995)
BUTTER AND CHEESEMAKERS AWARD
(T.5585 of 1995)
CEMENT MAKERS AWARD
(T.5586 of 1995)
CHEMISTS AWARD
(T.5587 of 1995)
CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD
(T.5588 of 1995)
CONCRETE PRODUCTS AWARD
(T.5589 of 1995)
ESTATE AGENTS AWARD
(T.5590 of 1995)
FUEL MERCHANTS AWARD
(T.5591 of 1995)
FURNISHING TRADES AWARD
(T.5592 of 1995)
INDEPENDENT SCHOOLS (NON-TEACHING) AWARD
(T.5593 of 1995)
INSURANCE AWARD
(T.5594 of 1995)
MEAT TRADES AWARD
(T.5595 of 1995)
OPTICAL INDUSTRIES AWARD
(T.5596 of 1995)
PRODUCE AWARD
(T.5597 of 1995)
PRINTERS AWARD
(T.5598 of 1995)
PUBLIC ACCOUNTANTS AWARD
(T.5599 of 1995)
PUBLIC VEHICLES AWARD
(T.5600 of 1995)
RETAIL TRADES AWARD
(T.5601 of 1995)
ROADMAKERS AWARD
(T.5602 of 1995)
RUBBER TRADES AWARD
(T.5603 of 1995)
SHIPBUILDERS AWARD
(T.5604 of 1995)
SHIPPING AWARD
(T.5605 of 1995)
SOFTGOODS AWARD
(T.5606 of 1995)
TEXTILE AWARD
(T.5607 of 1995)
TIMBER MERCHANTS AWARD
(T.5608 of 1995)
TOTALIZATOR AGENCY AWARD
(T.5609 of 1995)
WHOLESALE TRADES AWARD

The Australasian Meat Industry Employees Union, Tasmanian Branch
(T.5511 of 1995)
ABATTOIRS AWARD
(T.5512 of 1995)
MEAT TRADES AWARD

The Australian Maritime Officers' Union Victoria Tasmania Area
(T.5615 of 1995)
SHIPPING AWARD

The Association of Professional Engineers, Scientists and Managers, Australia
(T.5637 OF 1995)
PROFESSIONAL ENGINEERS AND SCIENTISTS (PRIVATE INDUSTRY) AWARD

The AWU-FIME Amalgamated Union, Tasmanian Branch
(T.5612 of 1995)
BUTTER AND CHEESE MAKERS AWARD
DAIRY PROCESSING AWARD
FISH AQUACULTURE AND MARINE PRODUCTS AWARD
SHELLFISH INDUSTRY AWARD
ABATTOIRS AWARD
OPTICAL INDUSTRIES AWARD
POULTRY AND GAME PRODUCTS PROCESSING AWARD
AUTOMOTIVE INDUSTRIES AWARD
CEMENT MAKERS AWARD and Correction Order
CLAY AND MUD PRODUCTS AWARD
CONCRETE PRODUCTS AWARD
FARMING AND FRUIT GROWING AWARD
HORTICULTURISTS AWARD
PLANT NURSERIES AWARD
QUARRYMENS AWARD
ROADMAKERS AWARD
SHEARING INDUSTRY AWARD
TIMBER MERCHANTS AWARD
BUILDING AND CONSTRUCTION INDUSTRY AWARD
BUILDING TRADES AWARD
RUBBER TRADES AWARD

Construction, Forestry, Mining and Energy Union, Tasmanian Branch
(T.5531 of 1995)
BUILDING AND CONSTRUCTION INDUSTRY AWARD
(T.5532 of 1995)
BUILDING TRADES AWARD
(T.5533 of 1995)
FURNISHING TRADES AWARD

Health Services Union of Australia Tasmania No. 1 Branch
(T.5567 of 1995)
DENTISTS AWARD
(T.5568 of 1995)
MEDICAL DIAGNOSTIC SERVICES (PRIVATE SECTOR) AWARD
(T.5569 of 1995)
MEDICAL PRACTITIONERS AWARD

National Union of Workers, Tasmanian Branch
(T.5522 of 1995)
FIBREGLASS AND PLASTICS AWARD
(T.5559 of 1995)
RUBBER TRADES AWARD
(T.5560 of 1995)
WHOLESALE TRADES AWARD

Shop, Distributive and Allied Employees Association, Tasmanian Branch
(T.5558 of 1995)
RETAIL TRADES AWARD
(T.5563 of 1995)
HAIRDRESSERS AWARD
(T.5564 of 1995)
BAKERS AWARD

Textile, Clothing and Footwear Union of Australia, Tasmanian Branch
(T.5541 of 1995)
TEXTILE AWARD

Award variation - second $8 safety net adjustment

REASONS FOR FURTHER DECISION

Applications for the variation of certain nominated awards1 to include the second safety net adjustment as provided for by the December 1994 State Wage Case decision2 were first before the Bench on 11 July 1995. Since then the awards subject of the applications before us have been progressively varied for the $8.00 a week safety net adjustment. The reason that this matter became somewhat protracted was that the applicants responsible for preparing draft orders for checking and confirmation by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) failed to undertake that process within the time frame set. This has necessitated further hearings3 culminating in these latest proceedings on 8 August 1995 in which the remaining applications as identified hereunder were finalised.

Mr Cooper appearing for The AWU-FIME Amalgamated Union, Tasmanian Branch (AWU-FIME) sought the variation of the Shearing Industry Award Division A only. The approach to vary divisions of awards in isolation from the all inclusive simultaneous variation of the entire award was previously rejected by the Bench and again in these proceedings. Accordingly as the parties were not able to proceed in respect of the whole of the award it was referred to Commissioner Gozzi to conclude as appropriate. On that point, as Commissioner Gozzi has resigned, the file has been referred to the President for re-assignment.

In respect of the Automotive Industries Award the Bench was informed that the draft order had still not been settled between the parties. Therefore the file was referred to Commissioner Gozzi for completion. It should be noted that this matter was subsequently finalised by him on 14 August 1995.

With regard to the proposed variation of the Hotels, Resorts, Hospitality and Motels Award the applicant, the Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch was not represented in these particular proceedings. Mr Edwards for the TCCI indicated that he was not aware that the application was to proceed at this time. In the circumstances the file was referred to Commissioner Imlach for finalisation.

The Bench was informed that the draft order for the variation of the Cement Makers Award was agreed. Accordingly that award will be varied operative from the first full pay period to commence on or after 8 August 1995. The order in that matter was issued by Commissioner Gozzi on 21 August 1995.

All other applications as set out earlier in this decision were struck out as we were advised by Mr Edwards that notwithstanding attempts by the TCCI the draft orders were not able to be finalised and that in some cases queries raised by the TCCI had not been responded to. The applications struck out and the awards they related to are clearly set out in the attached Schedule. It will be a matter for the applicants to make fresh applications when they are in a position to do so.

Appearances:
Mr G Cooper for the AWU-FIME Amalgamated Union, Tasmania Branch in Applications T5612 of 1995 and a number of other applications that impact
Mr P Baker for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union in Applications T5570, T5571, T5572, T5573, T5575, T5580 and T5603 of 1995
Mr K O'Brien for the Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch and for the Australian Institute of Marine and Power Engineers in Application T5617 of 1995
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union in Applications T5578 to and including T5609 of 1995 (and some others)
Mr P Griffin for the Shop, Distributive and Allied Employees Association, Tasmanian Branch in Applications T5558, T5563 and T5564 of 1995
Mr C Brown for the Health Services Union of Australia, Tasmania No. 1 Branch in Applications T5567, T5568 and T5569 of 1995
Mr R Warwick with Mr R Devine for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch in Applications T5531, T5532 and T5533 of 1995
Mr D Strickland for the National Union of Workers, Tasmanian Branch in Applications T5522, T5559 and T5568 of 1995
Mr D Shirkey for the Textile, Clothing and Footwear Union of Australia, Tasmanian Branch in Application T5541 of 1995
Mr J Swallow for the Australasian Meat Industry Employees Union, Tasmanian Branch in Application T5511 and T5512 of 1995
Mr T Curtain for the Meat and Allied Trades' Federation of Australia, Tasmanian Division in Applications T5511 and T5512 of 1995
Mr L Morgan for the Australian Maritime Officers' Union Victoria Tasmanian Area in Application T5615 of 1995
Mr T J Edwards for the Tasmanian Chamber of Commerce and Industry Limited in all matters
Mr T Pearce acting as agent for the Totalizator Agency Board in Application T5608 of 1995, and also intervening in all matters on behalf of the Minister for Industrial Relations
Mr K J Rice for the Tasmanian Farmers and Graziers Employers Association in Applications T5558, T5600, T5587, T5612, T5584 of 1995, and for the Retail Traders Association of Tasmania in Applications T5558, T5600 and T5607 of 1995
Mr D A C McDougall for the Tasmanian Chamber of Retailers in Applications T5558, T5560, T5586, T5600 and T5609 of 1995

Date and place of hearing:
1995.
Hobart:
August 8

SCHEDULE

FINALISED AS AT 8 AUGUST 1995

REFERRED TO COMMISSIONER SITTING ALONE

STRUCK OUT

1 T5570 of 1995 et al
2 T5214 of 1994
3 11 July 1995; 26 July 1995 and 8 August 1995

Awards Varied:
Aerated Waters
Barristers and Solicitors
Broadcasting and Television
Building and Construction Industry
Building Trades
Butter and Cheesemakers
Cement Makers and Correction Order
Chemists
Clay and Mud Products
Clerical and Administrative Employees (Private Sector)
Concrete Products
Dairy Processing
Dentists
Estate Agents
Farming and Fruit Growing
Fibreglass and Plastics
Fish, Aquaculture and Marine Products
Fuel Merchants
Furnishing Trades
Hairdressers
Horticulturists
Independent Schools (Non-Teaching) Staff
Insurance
Laundry and Dry Cleaning
Meat Trades
Medical Diagnostic Services (Private Sector)
Medical Practitioners (Private Sector) and Correction Order
Miscellaneous Workers
Monumental Masons
Optical Industries
Plant Nurseries
Printers
Professional Engineers & Scientists (Private Industry)
Produce
Public Accountants
Public Vehicles
Quarrymens
Retail Trades
Rubber Trades
Security Industry
Shellfish Industry
Shipping
Textile
Timber Merchants
Totalizator Agency
Wholesale Trades