T5570 T5571 T5572 T5573 T5575 T5617 T5544 T5547 T5548 T5550 T5551 T5552 T5553 T5554 T5555 T5556 T5557 T5578 T5579 T5580 T5581 T5582 T5583 T5584 T5585 T5586 T5587 T5588 T5589 T5590 T5591 T5592 T5593 T5594 T5595 T5596 T5597 T5598 T5599 T5600 T5601 T5602 T56
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (T.5571 of 1995) (T.5572 of 1995) (T.5573 of 1995) (T.5575 of 1995) The Australian Institute of Marine and Power Engineers Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (T.5547 of 1995) (T.5548 of 1995) (T.5550 of 1995) (T.5551 of 1995) T.5552 of 1995) (T.5553 of 1995) (T.5554 of 1995) (T.5555 of 1995) (T.5556 of 1995) (T.5557 of 1995) Australian Municipal, Administrative, Clerical and Services Union (T.5579 of 1995) (T.5580 of 1995) (T.5581 of 1995) (T.5582 of 1995) (T.5583 of 1995) (T.5584 of 1995) (T.5585 of 1995) (T.5586 of 1995) (T.5587 of 1995) (T.5588 of 1995) (T.5589 of 1995) (T.5590 of 1995) (T.5591 of 1995) (T.5592 of 1995) (T.5593 of 1995) (T.5594 of 1995 (T.5595 of 1995) (T.5596 of 1995) (T.5597 of 1995) (T.5598 of 1995) (T.5599 of 1995) (T.5600 of 1995) (T.5601 of 1995) (T.5602 of 1995) (T.5603 of 1995) (T.5604 of 1995) (T.5605 of 1995) (T.5606 of 1995) (T.5607 of 1995) (T.5608 of 1995) (T.5609 of 1995) The Australasian Meat Industry Employees Union, Tasmanian Branch (T.5512 of 1995) The Australian Maritime Officers' Union Victoria Tasmania Area The Association of Professional Engineers, Scientists and Managers, Australia The AWU-FIME Amalgamated Union, Tasmanian Branch Construction, Forestry, Mining and Energy Union, Tasmanian Branch (T.5532 of 1995) (T.5533 of 1995) Health Services Union of Australia Tasmania No. 1 Branch (T.5568 of 1995) (T.5569 of 1995) National Union of Workers, Tasmanian Branch (T.5559 of 1995) (T.5560 of 1995) Shop, Distributive and Allied Employees Association, Tasmanian Branch (T.5563 of 1995) (T.5564 of 1995) Textile, Clothing and Footwear Union of Australia, Tasmanian Branch
Award variation - second $8 safety net adjustment REASONS FOR DECISION The applications as set out in the attached schedule were for the variation of nominated awards also specified in the attached schedule, to include the second safety net wage adjustment as provided for by the December 1994 State Wage Case decision1 all applications were listed together for hearing purposes. The Tasmanian Chamber of Commerce and Industries Limited (TCCI) represented by Mr Edwards submitted that applications should be heard singly to permit an examination on progress made on the implementation in awards of the Structural Efficiency Principle. Mr Edwards referred to understandings on this issue between the TCCI and the various unions and the Tasmanian Trades and Labor Council involved in negotiating the consent wage fixing principles put before the Full Bench in the December 1994 State Wage Case proceedings2. He informed the Bench in this matter that those understandings were that the safety net adjustment would be dealt with on an award by award basis. Further Mr Edwards brought to our attention the findings of the State Wage Case Full Bench3 where it said:
Having regard to those submissions we reiterate that it is our view that the ongoing requirement to address structural efficiency issues is not a pre condition to the determination of issues related to the safety net adjustments provided for in the current wage fixing principles. Clearly there should not be a relaxation in respect of pursuing structural efficiency measures in awards designed to improve productivity and efficiency and providing workers with better career path opportunities and better paid jobs. These are ongoing objectives to which we have given continuous encouragement in respect of improving and modernising awards and through promoting in the wage fixing principles a focus on Section 55 enterprise bargaining agreements. With regard to the "understandings" referred to by Mr Edwards we are not in a position to make any observation. However it should be noted that it was the Commission, with the view of expediting safety net adjustment applications, that opted for these matters to be heard in block subject only to the requirements of Principles 7.2.2 and 9.1.2 i.e. the Award level Safety Net Adjustment and Allowances Principles. Moving from those clarifying comments to the conduct of the proceedings, we confirm the substance of what we said at that time. That is there should have been prior consultation between the parties. That this did not occur in nearly all cases clearly impeded the progress that may have otherwise been able to be achieved. The Commission as variously constituted over a considerable period of time has encouraged parties to consult prior to hearings. Indeed the Registrar at the direction of the President wrote to all parties in June 1994 requesting them to
We again commend that approach to the parties and reiterate that it is our expectation that this process will be observed. Given that in these proceedings the necessary consultation did not take place we also confirm the directions given to the parties in the proceedings. These were that:
As some award variations for the $8.00 safety net were able to be agreed between the parties following a period of adjournment of the proceedings on the day of the hearing, we confirm our decision that for the awards listed hereunder, they be varied and be operative from the first full pay period to commence on or after 11 July 1995. Draft orders are to be forwarded to the Associate of the presiding member of the Bench no later than close of business on 19 July 1995. Those draft orders will then be forwarded to the Commissioner concerned for checking and to affect the award variation. Awards to be varied: Dentists Finally it is the intention of the Bench to finalise all outstanding matters on resumption of these proceedings on 26 July 1995.
Appearances: SCHEDULE
1 T.5214 of 1994 |