Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

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
s.23 application for award or variation of award

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

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
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

(T.5663 of 1995)
MONUMENTAL MASONS 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

 

FULL BENCH:
COMMISSIONER R K GOZZI
COMMISSIONER R J WATLING
COMMISSIONER P A IMLACH

HOBART, 2 August 1995

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:
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:
July 26

SCHEDULE

    PREVIOUSLY FINALISED (11 July 1995)


T No.


    Applicant


    Award


5511
5512
5578
5594
5558
5600
5559
5602
5567
5568
5569


    AMIEU
    AMIEU
    AMACSU
    AMACSU
    SDAEA
    AMACSU
    NUW
    AMACSU
    HSUA
    HSUA
    HSUA


    Abattoirs
    Meat Trades
    Abattoirs
    Meat Trades
    Retail Trades
    Retail Trades
    Rubber Trades
    Rubber Trades
    Dentists
    Medical Diagnostic Services (Private Sector)
    Medical Practitioners

    FINALISED AS AT 26 July 1995


T No.


    Applicant


    Award


5522
5531
5532
5533
5541
5547
5548
5551
5554
5555
5556
5560
5563
5564
5544
5572
5579
5581
5582
5583
5586
5587
5589
5590
5591
5592
5593
5596
5597
5598
5599
5604
5605
5606
5608
5609
5615
5617
5637


    NUW
    CFMEU
    CFMEU
    CFMEU
    TCFU
    ALHMWU
    ALHMWU
    ALHMWU
    ALHMWU
    ALHMWU
    ALHMWU
    NUW
    SDAEA
    SDAEA
    ALHMWU
    AFMEPKIU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMACSU
    AMOU
    AIMPE
    APESMA


    Fibreglass & Plastics
    Building and Construction
    Building Trades
    Furnishing Trades
    Textiles
    Fibreglass and Plastics
    Hairdressers
    Independent Schools
    Miscellaneous Workers
    Security Industry
    Shipping
    Wholesale Trades
    Hairdressers
    Bakers
    Bakers
    Printers
    Aerated Waters
    Bakers
    Barristers and Solicitors
    Broadcasting and TV
    Chemists
    Clerical and Administrative
    Estate Agents
    Fuel Merchants
    Furnishing Trades
    Independent Schools
    Insurance
    Produce
    Printers
    Public Accountants
    Public Vehicles
    Shipping
    Softgoods
    Textile
    Totalizator Agency
    Wholesale Trades
    Shipping
    Shipping
    Professional Engineers & Scientists (Private Industry)

    FINALISED AS AT 28 July 1995


T No.


    Applicant


    Award


5552
5607
5663
5584
5612









    ALHMWU
    AMACSU
    CFMEU
    AMACSU
    AWU-FIME









    Laundry and Dry Cleaning
    Timber Merchants
    Monumental Masons
    Butter and Cheese Makers
    Dairy Processing
    Fish and Aquaculture
    Quarrymens
    Shellfish Industry
    Farming and Fruit
    Horticulturists
    Poultry and Game
    Clay Products
    Plant Nurseries
    Concrete Products
    Roadmakers

5601
5588
5595

    AMACSU
    AMACSU
    AMACSU

    Roadmakers
    Concrete Products
    Optical Industries

    OUTSTANDING


T No.


    Applicant


    Award


5550
5553
5557
5570
5571
5573
5575
5580
5612
5585
5603


    ALHMWU
    ALHMWU
    ALHMWU
    AFMEPKIU
    AFMEPKIU
    AFMEPKIU
    AFMEPKIU
    AMACSU
    AWU-FIME
    AMACSU
    AMACSU


    Ice Cream Makers
    Leather, Canvas & Sheet Plastic Fabrication
    Wholesale Plant Bakeries
    Automotive Industries
    Draughting and Technical Officers
    Shipbuilders
    Surveyors
    Automotive Industries
    Shearing Industry
    Cement Makers
    Shipbuilers