TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.23 application for award or variation of award
Tasmanian Trades and Labor Council
(T8737 of 1999 )
ALL AWARDS CONTAINING SUPPORTED WAGE SYSTEM PROVISIONS OF THE TASMANIAN INDUSTRIAL COMMISSION
See end of decision for Awards
PRESIDENT F D WESTWOOD
COMMISSIONER R J WATLING
COMMISSIONER P A IMLACH
HOBART, 24 January 2000
Award variation - wage rates clause - "Supported Wage System" - adjust minimum amount payable from $45 per week to $51 per week - variations approved - orders to issue - operative from ffpp 1/2/00
REASONS FOR DECISION
This was an application by the Tasmanian Trades and Labor Council (the TTLC) to vary the Supported Wage System clauses in awards of the Commission by increasing the minimum amount payable to employees engaged under the system from $45 to $51 per week.
The Supported Wage System clauses were inserted in awards following a full bench decision of the Commission in matter T5985 of 1995 (the previous decision), which itself followed a decision of a full bench of the Australian Industrial Relations Commission (AIRC) on 10 October 1995 on the same subject.1
The AIRC described the Supported Wage System as facilitating:
" ... the engagement of workers with disabilities in open employment at a rate of pay commensurate with the employee's assessed productive capacity. The award variations were designed to complement other entitlements available to such employees through the social security system."
Whilst not specifically mentioned in the previous decision, it is clear from transcript and evidence that the minimum amount payable prescribed in the Supported Wage System clause is directly related to the Commonwealth Government's income test applicable to a single person receiving a Disability Support Pension.
In support of its application, the TTLC referred to the previous decision and relied on evidence from a pamphlet "A guide to Commonwealth Government payments", issued by Centrelink for the period 20 September to 31 December 1999, to show that the previous amount of fortnightly income allowable had been increased to $102 per fortnight, ie $51 per week.
The TTLC submitted that the application should be treated as a special case in accordance with the Principles of the Commission because the subject matter stood alone from other provisions in awards and had no connection with them.
The Health Services Union of Australia, Tasmania No. 1 Branch and The Australian Workers' Union, Tasmania Branch supported the submissions of the TTLC.
The Tasmanian Chamber of Commerce and Industry Limited advised the Commission that it was not opposed to the application and submitted that it was consistent with the Principles of the Commission and not against the public interest.
The parties were agreed that the variation sought should operate from the first full pay period to commence on or after 1 February 2000.
We accept the submissions of the parties and we are satisfied that the variation sought by this application ought to be made: the relevant awards will be varied as requested. Orders giving effect to this decision will be issued by members of the Commission and will operate from the first full pay period to commence on or after 1 February 2000.
F D Westwood
Mr P Baker, Tasmanian Trades and Labor Council
Mr C Stringer, Health Services Union of Australia, Tasmania No. 1 Branch
Mr R Flanagan, The Australian Workers' Union, Tasmania Branch
Mr J O'Neill, Tasmanian Chamber of Commerce and Industry Limited, the National Meat Association of Australia (Tasmanian Division), the Metal Industries Association Tasmania; The Hop Producers' Association of Tasmania, the Tasmanian Automobile Chamber of Commerce and the Australian Cement Holdings Pty Ltd.
Date and place of hearing:
1 Print L5723.
Australian Cement Holdings
Automotive Industries and Correction Order
Broadcasting and Television
Building and Construction Industry
Building Trades and Correction Order
Butter and Cheesemakers
Child Care and Childrens Services
Clay and Mud Products
Cleaning and Property Services
Clerical and Administrative Employees (Private Sector)
Community and Health Services (Public Sector)
Concrete Products and Correction Order
Disability Service Providers
Draughting and Technical Officers (Private Industry)
Electrical/Electronic Trades (Public Sector)
Farming and Fruit Growing
Fibreglass and Plastics
Fish, Aquaculture and Marine Products
General Conditions of Employment
Governor of Tasmania Staff
Health and Fitness Centres and Correction Order
Hotels, Resorts, Hospitality and Motels
Ice Cream Makers and Correction Order
Independent Schools (Non-Teaching Staff)
Laundry and Dry Cleaning
Leather, Canvas and Sheet Plastic Fabrication
Licensed Clubs and Correction Order
Meat Processing Industry
Metal Trades (State Employees)
Miscellaneous Workers (Public Sector)
North West Regional Water Authority Employees
Pasminco Hobart Smelter Enterprise and Correction Order
Pasminco Rosebery (Mining) and Correction Order
Port Arthur Authority
Printing Authority of Tasmania
Public Vehicles and Correction Order
Quarrymens and Correction Order
Southern Regional Cemetery Trust Staff
Surveyors (Private Industry)
Tasmanian Ambulance Service
Transport Workers General
Wholesale Plant Bakeries
Wireworking and Correction Order