TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s35 application for increase in Tasmanian minimum wage

Tasmanian Trades and Labor Council
(T13781 of 2011)

s23 applications for award or variation of award

Minister administering the State Service Act 2000
(T13783 of 2011)
Public Sector Awards

Minister administering the State Service Act 2000
(T13784 of 2011)
Public Sector Awards

PRESIDENT P L LEARY
DEPUTY PRESIDENT TIM ABEY
COMMISSIONER J P MCALPINE  
HOBART, 18 August 2011

Wage Rates - State Minimum Wage rate determined at $589.30 - s.47AB – work related allowances increased by 2.92% - supported wage varied - operative date 1 August 2011

REASONS FOR DECISION (Clarification)

[1] An application pursuant to s.35(10)A of the Industrial Relations Act 1984 (the Act) lodged by Mr Harkins, on behalf of the Tasmanian Trades and Labor Council (TTLC) (Unions Tasmania) seeks to increase the Tasmanian minimum wage to reflect the determination of Fair Work Australia (FWA) in its Annual Wage Review 2010-11 decision [T13781 of 2011].

[2] Applications pursuant to s23(1) of the Act have been received from the Minister administering the State Service Act (MASSA) seeking to vary the Supported Wage [T13783 of 2011] and to vary work related allowances by 2.92% [T13784 of 2011].

[3] The operative date sought for all three applications is 1 August, 2011.

[4] The three matters were formally joined.

[5] In accordance with previous practice the Commission placed the following advertisement in the three daily newspapers in Tasmania:

“Application No T13781 of 2011 - Tasmanian Minimum Wage
Pursuant to s.35[10A] of the Industrial Relations Act 1984 a Full Bench must conduct a hearing annually to determine the Tasmanian Minimum Wage. The Tasmanian Trades and Labor Council (Unions Tasmania) has lodged an application seeking a review of the Tasmanian Minimum Wage. The application seeks “to increase the Minimum Wage and all relevant allowances in line with the recent decision by Fair Work Australia (FWA).” FWA issued an order providing: A national minimum wage of $589.30 per week or $15.51 per hour. It is proposed that the hearing be conducted by way of written submissions. Accordingly, persons or organizations with an interest in these proceedings are invited to provide a written submission either supporting or opposing the application marked attention Alison Oakes, Associate (alison.oakes@justice.tas.gov.au) or faxed (6223 8012) by not later than 5pm on Friday 1 July 2011. Copies of submissions received will be published on the TIC website.”

[6] The application was supported by the Minister administering the State Service Act.

[7] Submissions supporting the application were also received from the Minister for Workplace Relations and the Tasmanian Chamber of Commerce and Industry (TCCI). There were no other submissions.

[8] The Act prescribes at s35(10)A:

“A Full Bench of the Commission must convene and conduct a hearing annually to determine the Tasmanian minimum wage specified in s.47AB.”

[9] In our decision in the application to vary the Tasmanian minimum wage in 2010 [T13680 of 2010] we said:

“We agree with the position adopted by the parties that there are good reasons why the Tasmanian Minimum Wage should now be aligned with that determined by FWA......”

[10] In its Annual Wage Review 2010-11 decision FWA said in summary (where relevant):

“The outcome of the review in relation to modern award minimum wages is that from the first full pay period on or after 1 July 2011 minimum weekly wages are increased by 3.4 per cent, with commensurate increases in hourly rates on the basis of a 38 hour week. The increase applies to minimum wages for junior employees, employees to whom training arrangements apply and employees with disability, and to piece rates through the operation of the methods applying to the calculation of those wages. Wages in the NTWS will be adjusted by 3.4 per cent.”

[11] The national minimum wage order will contain:

(a) a national minimum wage of $589.30 per week or $15.51 per hour.”

[12] Accordingly pursuant to s.47AB of the Act we determine that the Tasmanian minimum wage for an adult in full-time employment will be $589.30 per week effective from 1 August, 2011.

[13] The applications to vary work related allowances by 2.92% in the named awards attached to the application [Exhibit A1] and to vary the supported wage to a figure of $75.50 per week were not opposed.

[14] The Minister submitted that the application to vary work related allowances reflected calculations in accordance with the established practice of this Commission.

[15] The application to vary the Supported Wage included the insertion of a model clause, [Appendix A Supported Wage System], to be inserted in all public sector awards.  It was submitted that the new clause reflected a ‘modern context’.

[16] The applications were not opposed, accordingly the named awards will be varied to reflect the increase to work related allowances and all public sector awards will be varied to reflect the new model clause and weekly rate for the supported wage.

[17] All variations will be effective from 1 August, 2011.

[18] The Commission will issue orders in due course to give effect to this decision.

 

P L Leary
President

 

 

Appearances:

Mr K Harkins for Tasmanian Trades and Labor Council
Mr P Baker and Mr K Grey for the Minister administering the State Service Act 2000
Mr Greg Cooper for United Firefighters’ Union of Australia - Tasmania Branch

Date and place of hearing:

2011
August 1
Hobart

 

Public Sector Awards Varied:

AWU (Tasmanian State Sector)
Custodial Officers
Health and Human Services (Tasmanian State Sector)
Legal Practitioners
Miscellaneous Workers (Public Sector)
Nurses (Tasmanian Public Sector) 2005
Polytechnic and Skills Institute Teaching Staff
Port Arthur Authority
Tasmanian Ambulance Service
Tasmanian State Service
Teaching Service (Tasmanian Public Sector)