T7873, T7876 and T7894
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Australian Municipal, Administrative, Clerical and Services Union
Aerated Waters Award
The Australian Workers' Union, Tasmania Branch
Automotive Industries Award
Shop, Distributive and Allied Employees Association, Tasmanian Branch
Retail Trades Award
Award variation - nominated private sector awards - meal allowance - increase to reflect CPI movements - applications granted - operative ffpp 31 August 1998
REASONS FOR DECISION
These applications, which were joined at the outset, were made by the Australian Municipal, Administrative, Clerical and Services Union (AMACSU), The Australian Workers' Union, Tasmania Branch (AWU), and the Shop, Distributive and Allied Employees Association, Tasmanian Branch (SDAEA). They sought to vary the meal allowance provided in the nominated awards by increasing the allowance to reflect the upward movement in the Australian Bureau of Statistics Consumer Price Index (CPI) for the category of 'meals out and take away foods'.
The AWU, AMACSU and the SDAEA sought an increase in the meal allowance, however specified, in each of the nominated awards of 1.78 percent or 15 cents, resulting in the allowance moving from $9.65 to $9.80.
Mr Paterson, for AMACSU, submitted that the applications are entirely consistent with the principles established by a Full Bench of this Commission in T5763 of 1995. In that case the Full Bench observed, among other things, that:
and, further, that:
Mr Paterson went on to explain that, according to the formula established in that case and followed subsequently, the relevant Consumer Price Index (Weighted Average of Eight Capital Cities) measure, "Meals out and take away foods"1, showed a percentage increase of 1.78 for the twelve months period ending with the June quarter 1998.2 That movement, he said, when applied to the current meal allowance of $9.65 and "rounded", would result in an increase of 15 cents, bringing the amount of the allowance to a new level of $9.80. The resultant award variations, he added, should take effect from the first full pay period to commence on or after the date of this hearing, ie 31 August 1998.
Mr Paterson further submitted that, in addition to complying with Principle 10.1.1 of the Wage Fixing Principles 1998, the applications satisfy all the general public interest requirements of Section 36 of the Industrial Relations Act 1984.
Mr R Flanagan for AWU, Mr G Cooper for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Mr C Brown for Health Services Union of Australia, Tasmania No 1 Branch all supported the applications and the submissions of Mr Paterson.
Mr J O'Neill, who appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI), did not oppose the applications. He said they complied fully with the Wage Fixing Principles and did not offend the public interest requirements of Section 36 of the Act. TCCI did not object to the proposed operative date.
At the conclusion of the hearing we announced our intention to approve the applications. We accordingly confirm that oral decision and approve the appropriate variation of relevant clauses in the nominated awards, ie those that appear in the Appendix attached to these Reasons for Decision.
The Commissioners responsible for each of the nominated awards will issue orders in due course. The orders will take effect from the first full pay period to commence on or after the 31 August 1998.
B R Johnson
Date and place of hearing: