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
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 - ((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) (T.5663 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 FURTHER DECISION [Previous Decision] When these proceedings resumed on 26 July 1995 it soon become evident that the intention of the Bench to finalise all outstanding matters in respect of the various applications for the second $8 safety net adjustment could not be realised. This was because some of the Applicants failed to comply with the directions of the Bench to provide draft orders to the Tasmanian Chamber of Commerce and Industries Limited (TCCI) which were to be finalised for presentation to us in the hearing on 26 July. However we acknowledge that some consent draft orders were tendered on that day and these are identified in the Attached Schedule. In the course of the proceedings the Bench was informed that some draft orders provided to the TCCI only required minor adjustment in order to achieve consent. Accordingly the Bench allowed a further opportunity for Applicants to rectify any deficiencies and indeed conclude outstanding draft orders with the TCCI on the basis that these would be submitted to the Bench by close of business on 28 July 1995. These are also identified in the attached Schedule. It should be noted that application T5663, Monumental Masons Award, was joined with these matters for hearing purposes. With regard to the adjustment of work related allowances we confirm our endorsement that these should be adjusted by 1.88 per cent ($8.00 as a percentage of $425.20 being the total weekly wage rate at the 100 per cent level for a tradesperson). In respect of the consent draft orders received by us during the hearing on 26 July 1995 and at the close of business on 28 July 1995 the operative date for the $8.00 second safety net adjustment will be from the first full pay period to commence on or after 26 July 1995. In cases where work related allowances were adjusted in the consent draft orders provided to the Bench by close of business on 28 July 1995, the same operative date will apply to the adjustment of those allowances i.e. the first full pay period to commence on or after 26 July 1995. In the event work related allowances were not adjusted by 1.88 per cent in the consent draft orders, separate applications will be required to give effect to those variations. All draft orders received in accordance with our directions have been referred to members of the Commission who have the respective awards in their assignments for implementation. It is our aim to conclude these proceedings on 8 August 1995. Accordingly we again direct that all outstanding matters be resolved between the parties by that date. As previously indicated we expect that draft orders will be referred to the TCCI in time to permit validation and opportunity to clear up any queries which may arise as a consequence of that process. Applications for the variation of work related allowances if made in sufficient time will be joined with these proceedings. In any event it will be a matter for the Applicants when applications are made for the adjustment of work related allowances and if not received in time to be dealt with in this matter, then it is our view that subsequent applications should be dealt with by individual Commissioners. Obviously draft orders in respect of any applications should also be forwarded to the TCCI in sufficient time to comply with the process previously outlined whether the matters are heard by us or subsequently by Commissioners sitting alone. Finally the Health Services Union of Australia Tasmania No 1 Branch (HSUA) informed the Bench that it wished not to pursue the adjustment of allowances in the Medical Practitioners (Private Sector) Award, Dentists Award and Medical Diagnostic Services (Private Sector ) Award at this stage. Accordingly, as previously the Bench had granted leave to the HSUA to seek the adjustment of work related allowances through the further processing of current applications T5567, T5568 and T5569 of 1995, those applications, as requested by the HSUA, are now regarded as concluded. The HSUA will therefore need to make fresh application, when it is in a position to do so, for the variation of work related allowances in those awards.
Appearances: Date and place of hearing: SCHEDULE PREVIOUSLY FINALISED (11 July 1995)
FINALISED AS AT 26 July 1995
FINALISED AS AT 28 July 1995
OUTSTANDING
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