TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

See end of Decision for Orders

Australian Municipal, Administrative, Clerical & Services Union
(T9729 of 2001)
Barristers and Solicitors Award
Broadcasting and Television Award
Business Services Award
Clerical and Administrative Employees (Private Sector) Award
Community Services Award
Disability Services Providers Award
Estate Agents Award
Fuel Merchants Award
Insurance Award
Medical Practitioners (Private Sector) Award
Photographic Industry Award
Public Accountants Award
Softgoods Award (Rescinded)
Textile Award
Totalizator Agency Award
Wholesale Trades Award

The Australian Workers' Union, Tasmania Branch
(T9738 of 2001)
Australian Cement Holdings Enterprise Award
Automotive Industries Award
Bootmakers Award
Butter and Cheesemakers Award
Civil Construction and Maintenance Award (Rescinded)
Clay and Mud Products Award
Concrete Products Award
Dairy Processing Award
Farming and Fruit Growing Award
Fish Aquaculture and Marine Products Award
Horticulturists Award
Leather, Canvas and Sheet Plastic Fabrication Award
Meat Processing Industry Award
Metal and Engineering Industry Award
Monumental Masons Award
Optical Industries Award
Pasminco Hobart Smelter Enterprise Award
Pasminco Rosebery (Mining) Award
Plant Nurseries Award
Produce Award
Public Vehicles Award
Quarrying and Lime Processing Award
Rubber Trades Award
Shellfish Industry Award
Silviculture and Afforestation Award
Timber Merchants Award
Wireworking Award

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch
(T9740 of 2001)
Aerated Waters Award
Automotive Industries Award
Baking Industry Award
Cleaning and Property Services Award
Fibreglass and Plastics Award
Furnishing Trades Award
Health and Fitness Centres Award
Hotels, Resorts, Hospitality and Motels Award
Ice Cream Makers Award
Independent Schools (Non Teaching) Staff Award
Laundry and Dry Cleaning Award
Leather, Canvas and Sheet Plastic Fabrication Award
Licensed Clubs Award
Miscellaneous Workers Award
Restaurant Keepers Award
Retail Trades Award
Security Industry Award
Shipping Award
Veterinary Services Award
Wholesale Plant Bakeries Award

The Shop, Distributive & Allied Employees Association, Tasmania Branch
(T9741 of 2001)
Automotive Industries Award
Bootmakers Award
Hairdressers Award
Insurance Award
Retail Pharmacy Award
Retail Trades Award
Timber Merchants Award
Wholesale Trades Award

The Australasian Meat Industry Employees Union, Tasmanian Branch
(T9778 of 2001)
Meat Retailing Award

Award variation - nominated private sector awards - meal allowance - increase to reflect CPI movements - 11.78% - applications granted - operative date ffpp 3 September 2001

REASONS FOR DECISION

[1] These five applications were made for the purpose of varying certain private sector awards to increase meal allowances, however expressed. At the commencement of the hearing the Commission, with the consent of all parties, joined the applications.

[2] Mr I Paterson, for the Australian Municipal, Administrative, Clerical and Services Union (AMACSU), who presented the lead submission for the applicants, contended that the applications were entirely consistent with principles established by a Full Bench of this Commission in T5763 of 1995. He submitted that, consistent 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 11.78 percent from the June quarter 2000 up to and including the June quarter 2001, resulting in an increase of $1.20. This in turn will increase the current meal allowance of $10.40 to $11.60.

[3] Mr Paterson submitted that the Commission should vary all the awards, being the subject of these applications, by increasing the meal allowance by the said 11.78 percent. Such variations, Mr Paterson contended, complied with the Wage Fixing Principles (Allowances) and contain no elements that were 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 3 September 2001.

[4] Mr R Flanagan, for The Australian Workers' Union, Tasmania Branch and the Shop, Distributive and Allied Employees Association, Tasmanian Branch; and Mr P Tullgren, for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch; Mr T Kleyn, for the Health Services Union of Australia, Tasmania No 1 Branch; all supported Mr Paterson's submissions.

[5] Mr M Watson, who appeared for the Tasmanian Chamber of Commerce and Industry Limited (the TCCI), said the he did not oppose the applications nor the suggested operative date. He submitted that the TCCI was not seeking at this time to discount the increase as a result of what he called "the GST factor".

[6] At the conclusion of the hearing we indicated our intention to approve the applications. We now confirm that oral decision to vary the meal allowances, however expressed, in all awards listed in Appendix I attached hereto, by 11.78 percent (rounded off to the nearest 5 cents) from the beginning of the first full pay period to commence on or after 3 September 2001. The Members of the Commission responsible for each of the nominated awards will issue orders in due course.

P L Leary
PRESIDENT

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union.
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch and the Shop, Distributive and Allied Employees Association, Tasmanian Branch.
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
Mr T Kleyn for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing:
2001
September 3
Hobart

APPENDIX I