T8603 T8613 T8621 T8628 T8629 T8630
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Municipal, Administrative, Clerical and Services Union The Australian Workers' Union, Tasmania Branch The Australasian Meat Industry Employees Union, Tasmanian Branch Shop, Distributive and Allied Employees Association, Tasmanian Branch Australian Liquor, Hospitality and Miscellaneous Workers Union -
Award variation - nominated private sector awards - meal allowance - increase to reflect CPI movements - applications granted - operative ffpp 27 September 1999 REASONS FOR DECISION The proceedings concern seven applications to vary certain private sector awards (see Appendix I) regarding meal allowances. The applications comprise two categories. The first category consists of applications made by the Australian Municipal, Administrative, Clerical and Services Union (ASU)-T8603 of 1999-and The Australian Workers' Union, Tasmania Branch (AWU)-T8613 of 1999. Those applications seek to vary relevant awards to reflect the upward movement in the Australian Bureau of Statistics Consumer Price Index (CPI) for the category "meals out and take away foods" (ABS 6401.0) for the period June 1998-June 1999. The second category comprises applications made by The Australasian Meat Industry Employees Union, Tasmanian Branch (AMIEU)-T8621 of 1999, the Shop, Distributive and Allied Employees Association, Tasmanian Branch (SDA)-T8624 of 1999 and the Australian Liquor, Hospitality and Miscellaneous Workers' Union - Tasmanian Branch (ALHMWU)-T8628, T8629 and T8630 of 1999. In addition to varying meal allowance provisions in relevant awards to reflect the current year's CPI movement, this group of applications seeks to "catch up" the CPI movements of previous years. Appendix II sets out the measure of "catch up" claimed in respect of particular nominated awards. Mr I Paterson (ASU), who presented the lead submission for the applicants, contended that the applications are entirely consistent with principles established by a Full Bench of this Commission in T5763 of 1995. He explained that, in accordance with the formula developed in that case, the relevant Consumer Price Index (Weighted Average of Eight Capital Cities) measure-"Meals out and take away foods"- showed a percentage increase of 2.2 for the 12 months period that ended with the June 1999 quarter.1 Mr Paterson submitted that after applying the Full Bench formula the percentage movement translated to an increase in the current meal allowance standard of 20 cents. As a result, he said, the Commission should vary all the awards before it in these proceedings by increasing the meal allowance from $9.80 to $10.00. Such variations, Mr Paterson added, comply with Principle 10.1.1 of the Wage Fixing Principles (Expense Related Allowances) and contain no elements that are contrary to the general public interest provisions of Section 36 of the Industrial Relations Act 1984. The operative date for the proposed variations, Mr Paterson said, should be the first full pay period commencing on or after the date of this hearing. Mr C Brown, who appeared for the Health Services Union of Australia, Tasmania No 1 Branch (HSUA); Mr I Wakefield, who appeared for The Australian Workers' Union, Tasmania Branch (AWU); and Mr J Long, who appeared for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (CFMEU) all supported Mr Paterson's submissions. Ms J Archer, who appeared for the Australian Liquor, Hospitality and Miscellaneous Workers' Union - Tasmanian Branch (ALHMWU) and Mr P Noonan, who appeared for the Shop, Distributive and Allied Employees Association, Tasmanian Branch (SDA) also supported Mr Paterson's submissions. In addition however, in relation to certain specified awards (see Appendix II), they also applied for a "catch-up" of past meal allowance increases approved by this Commission in matters T6107 of 1996, T6582 of 1997, T7198 of 1997 and T7873 of 1998. Mr D Dilger, who appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI), said the Chamber did not oppose the applications or the suggested operative date, provided that, in the case of the "catch-up" matters, there was no claim for retrospectivity. Mr Dilger also submitted that the proposed variations complied with the Wage Fixing Principles and did not offend the public interest provisions of Section 36 of the Act. In respect of the AWU's application in matter T8613 of 1999, the Australian Mines and Metals Association Incorporated (AMMA), representing Pasminco Rosebery and Pasminco Hobart, consented to the application by way of facsimile letter dated 23 September 1999. At the end of the hearing we indicated that we would approve the variations as listed in Appendix I, with the date of effect being the beginning of the first full pay period to commence on or after 27 September 1999. These Reasons for Decision confirm that oral decision. The Members of the Commission responsible for each of the nominated awards will issue orders in due course.
B R Johnson Appearances: Date and Place of Hearing: |
APPENDIX I
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AWARD |
CLAUSE |
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| Aerated Waters | 21 - Meal Allowance | ||
| Australian Cement Holdings Enterprise | 22 - Overtime | (k) | Meal Money |
| Automotive Industries | 22 - Overtime 40 - Vehicle Salesperson - Conditions for Employees |
(i)
(f) |
Tea Money
Meal Allowance |
| Baking Industry | 21 - Overtime | (e) | Meal Money |
| Barristers and Solicitors | 29 - Tea Money | (a) | |
| Bootmakers | 23 - Meal Money 46 - Tea Money |
(a) (a) |
|
| Broadcasting and Television | 21 - Meal Allowance | ||
| Butter and Cheesemakers | 21 - Meal Interval and Allowance | (b) | |
| Civil Construction and Maintenance | 23 - Meal Allowance | ||
| Clay and Mud Products | 22 - Meal Allowance | ||
| Cleaning and Property Services | 19 - Meal and Meal Allowance | (b) | |
| Clerical and Administrative Employees (Private Sector) | 38 - Tea Money | (a) | |
| Concrete Products | 25 - Meal Intervals and Allowances | (c) | |
| Dairy Processing | 19 - Overtime | (f) and (g) | |
| Disability Service Providers | 22 - Meal and Meal Allowance | (c) | |
| Estate Agents | 29 - Tea Money 32 - Travelling Time, Allowances and Board |
(a) | |
| Farming and Fruit Growing | 9 - Allowances | (b) | Meal Allowance |
| Fibreglass and Plastics | 16 - Meal Interval and Meal Allowance | (b) | |
| Fish, Aquaculture and Marine Products | 19 - Meal Allowance | (a) | |
| Fuel Merchants | 25 - Meal Times | (c) | |
| Furnishing Trades | 25 - Overtime - Day Workers 68 - Tea Money |
(g)(I) (a) |
Meal Money |
| Hairdressers | 18 - Meal Allowance | (a) | |
| Health and Fitness Centres | 15 - Meal Allowance | (a) | |
| Horticulturists | 21 - Meal Interval and Allowance | (b) | |
| Hotels Resorts Hospitality and Motels | 23 - Meal Money | ||
| Ice Cream Makers | 18 - Meal and Meal Allowance | (b) | |
| Independent Schools (Non-Teaching Staff) | 22 - Meal and Meal Allowance | (b) | |
| Insurance | 19 - Meal Money | (a) | |
| Laundry and Dry Cleaning | 20 - Overtime | (b) | |
| Licensed Clubs | 23 - Meal (Tea) Money | ||
| Marine Boards | 22 - Meal Allowance | ||
| Medical Practitioners (Private Sector) | 18 - Meal Allowance | ||
| Meat Processing Industry | 9 - Allowances | Meals | |
| Meat Retailing | 9 - Allowances | Meals | |
| Metal and Engineering Industry | 22 - Overtime | (g) | Meal Allowance |
| Miscellaneous Workers | 9 - Allowances | (d) | Meal Allowance |
| Monumental Masons | 15 - Meal Allowance | (a) | |
| Optical Industries | 37 - Tea Money | (a) | |
| Pasminco Hobart Smelter Enterprise (formerly Electrolytic Zinc) | 20 - Overtime | (n) and (o) | |
| Pasminco Rosebery (Mining) | 22 - Overtime | (i) | |
| Photographic Industry | 29 - Tea Money | (a) | |
| Plant Nurseries | 9 - Allowances | (b) | Meal Allowance |
| Produce | 23 - Meal Allowance | ||
| Public Accountants | 30 - Tea Money | ||
| Public Vehicles | 22 - Overtime (Division A) 40 - Overtime (Division B) |
(c) (b) |
|
| Quarrymens | 26 - Overtime | (d) | Meal Money |
| Restaurant Keepers | 21 - Meal Allowances | (a) | |
| Retail Pharmacy | 19 - Meal Breaks, Rest Periods and Meal Allowances | (b) | Meal Allowance |
| Retail Trades | 38 - Tea Money | (a) | |
| Rubber Trades | 18 - Meal Allowance | ||
| Security Industry | 21 - Meals and Meal Allowances | ||
| Shellfish Industry | 18 - Meal Allowance | ||
| Shipping | 18 - Meal Allowance | (a) | |
| Softgoods | 34 - Tea Money | (a) | |
| Textile | 32 - Tea Money 52 - Overtime |
(a) (c) |
|
| Timber Merchants | 26 - Overtime, Saturday, Sunday and Holiday Payments | (c)(I) | Meals and Meal Allowances |
| Totalizator Agency | 17 - Rest Pauses and Meal Breaks 38 - Tea Money |
(a) | |
| Veterinary Services | 17 - Meal and Meal Allowance | (b) and (c) | |
| Wholesale Plant Bakeries | 21 - Overtime | (e) | Meal Money |
| Wholesale Trades | 18 - Meal Hours and Tea Money | (d) | |
| Wireworking | 22 - Overtime | (g) | Meal Allowance |
APPENDIX II
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T8621 (AMIEU) |
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|
Award |
Previous Variations |
Amounts Claimed |
| Meat Retailing Award | T7198 (25/9/97) |
$9.45 to $9.65 |
| T7873 (31/8/98) |
$9.65 to $9.80 |
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T8624 (SDA) |
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|
Award |
Previous Variations |
Amounts Claimed |
| T6582 (4/2/97) |
$9.25 to $9.45 |
|
| Retail Pharmacy Award | T7198 (25/9/97) |
$9.45 to $9.65 |
| T7873 (31/8/98) |
$9.65 to $9.80 |
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T8628 (ALHMWU) |
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|
Award |
Previous Variations |
Amounts Claimed |
|
Cleaning and Property Services Award
Fibreglass and Plastics Award Health and Fitness Centres Award Ice Cream Makers Award Laundry and Dry Cleaning Award Miscellaneous Workers Award Security Industry Award Veterinary Services Award Wholesale Plant Bakeries Award |
T6107 (22/3/96)
T6582 (4/2/97) T7198 (25/9/97) T7873 (31/8/98) |
$4.80/$4.90/$5.00 to $9.25
$9.25 to $9.45 $9.45 to $9.65 $9.65 to $9.80 |
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T8629 (ALHMWU) |
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|
Award |
Previous Variations |
Amounts Claimed |
| T6582 (4/2/97) |
$9.25 to $9.45 |
|
| Baking Industry Award | T7198 (25/9/97) |
$9.45 to $9.65 |
| T7873 (31/8/98) |
$9.65 to $9.80 |
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T8630 (ALHMWU) |
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|
Award |
Previous Variations |
Amounts Claimed |
| Hotels, Resorts, Hospitality and Motels Award |
T7198 (25/9/97)
T7873 (31/8/98) |
$9.45 to $9.65 $9.65 to $9.80 |
| Licensed Clubs Award | T7198 (25/9/97) |
$9.45 to $9.65 |
| T7873 (31/8/98) |
$9.65 to $9.80 |
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1 ABS Consumer price Index 6401.0 - June Quarter 1999. From 122.5 (June quarter 1998) to 125.2 (June quarter 1999).