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Tasmanian Industrial Commission

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T8413 and T8483 - 7 April 2000

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Trades and Labor Council
(T8413 of 1999)

Private Sector Awards

Tasmanian Chamber of Commerce and Industry Limited
(T8483 of 1999)

Private and Public Sector Awards

 

FULL BENCH:
DEPUTY PRESIDENT B R JOHNSON
COMMISSIONER R J WATLING
COMMISSIONER P A IMLACH

HOBART, 7 April 2000

Wage Rates - State Wage Case July 1999 - applications to review the Wage Fixing Principles and to vary awards in a manner consistent with the Australian Industrial Relations Commission decision in Print number R1999 Safety Net Review - Wages - flow-on of federal safety net adjustment approved - operative date ffpp 1 August 1999 - partial revision of Wage Fixing Principles - full review of Wage Fixing Principles to begin no later than October 1999

PROCEDURAL RULING AND DIRECTIONS - REVIEW OF WAGE FIXING PRINCIPLES [Previous Decion]

Hearing of the above matters resumed before us on Friday 7 April 2000 for the purpose of determining procedural issues in relation to the proposed full review of the current Wage Fixing Principles. During the course of that hearing the Tasmanian Chamber of Commerce and Industry Limited sought to adjourn the Review until a later time. After hearing the parties, we gave the following oral ruling on the adjournment application and issued the accompanying directions.

"During the course of the 1999 Safety Net Adjustment hearing, after hearing the parties' submissions, we decided to separate a review of the Wage Fixing Principles from considerations relating to the Safety Net Adjustment. In doing so, we rejected the employers' submission to the contrary.

The application now before us, to the extent that it seeks to adjourn this review until the outcome is known of current federal proceedings concerning the Safety Net Adjustment case for 2000, is slightly different. However, it seems to us to come down to the same thing-that Safety Net Adjustments and review of Wage Fixing Principles should occur contemporaneously. We are reinforced in that view by the fact that, in these proceedings, the employers rely on the same grounds as those relied on in the 1999 proceedings.

We do not believe it is open to us to revise our 1999 decision as to its substance, since it was a decision taken with the benefit of full and comprehensive submissions as distinct from the brief propositions, necessarily so, that were put to us today. We are also of the view that the Industrial Relations Bill currently before the Parliament affords no grounds for supporting an adjournment of this review because there is nothing in it, in our opinion, that impinges upon or affects the Wage Fixing Principles. In that context, concerning the 1999 proceedings, we remind the parties that the content of the Bill was not then known.

In the circumstances, we refuse the adjournment application in relation to this review.

We now issue the following directions, which are somewhat slightly amended from those that we invited the parties to address at the commencement of these proceedings. We have amended them slightly to take account of some aspects that the parties brought to our attention.

The parties are to let us have written submissions on the following issues:

(a)  whether and on what grounds we should abolish the Wage Fixing Principles in their entirety;

(b)  whether and on what grounds we should amend the Wage Fixing Principles by abolishing some principles and/or retain others with or without amendment.

Written submissions on the above matters, including full details of proposed amendments, must be in our hands in triplicate, with copies to other parties, by the close of business on Friday, 5 May 2000.

We propose to reconvene these proceedings on 9 May 2000 for the purpose of hearing the parties in relation to such explanatory comments as they might wish to make regarding:

(a)  their own written submissions; and

(b)  the submissions of other parties.

At the conclusion of that process, we would expect to reserve our decision.

There is nothing in our directions that, in our opinion, should operate to prevent the parties from conferring and from negotiating outcomes in relation to any or all of the matters to be considered by this review. Indeed, we would encourage such an approach.

That concludes our directions in relation to the Wage Fixing Principles Review process."

 

B R Johnson
DEPUTY PRESIDENT

Appearances:
Mr I Paterson for the Tasmanian Trades and Labor Council and the Australian Municipal, Administrative, Clerical and Services Union
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
Mr P Baker for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr C Brown for the Health Services Union of Australia, Tasmania No 1 Branch.
Mr P Noonan for the Shop, Distributive and Allied Employees Association, Tasmanian Branch.
Mr R Miller for The Community and Public Sector Union (State Public Services Federation Tasmania}.
Mr M Watson with Mr T J Edwards for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2000
April 7
Hobart