TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Metals and Engineering Workers' Union
(T.2756 of 1990)

METAL AND ENGINEERING ON-SITE CONSTRUCTION INDUSTRY AWARD

Making of a new award

REASONS FOR DECISION

In my decision of 10 October 1990, which saw the granting of the second stage Structural Efficiency increase to the Mechanical Engineers and Founders Award1, I indicated, that as part of the ongoing programme for that award, the parties were committed to the creation of two new awards, one for the metal and engineering industry and the other for metal and engineering industry on-site construction.

The Metal and Engineering Industry Award was established and became operative from 3 December 19912.

This application (T.2756 of 1990) was originally lodged by the Association of Draughting, Supervisory and Technical Employees, Tasmanian Branch which, after amalgamating became part of the Metals and Engineering Workers' Union. The applicant sought to establish a new award to be titled the Metal and Engineering On-Site Construction Industry Award. This, it was said, was in keeping with the previously mentioned Structural Efficiency programme for the Mechanical Engineers and Founders Award.

In this consent matter, it was the submission of all the parties that the award should be established in respect to on-site construction work (as defined) in the metal and engineering industry (as defined) and it would not apply to:

"work carried out within a permanently established place of employment such as a workshop, factory or warehouse where products are manufactured or services rendered"

as that work would fall within the scope of the Metal and Engineering Industry Award.

For the purpose of this proposed new award the parties defined the Metal and Engineering Industry to mean:

Every operation process or function carried on in connection with or incidental to any of the following:

(a) Mechanical and electrical engineering;
(b) Smithing;
(c) Boilermaking, and erection and/or repairing thereof;
(d) Bridge and girder construction, erection and repairing;
(e) Steel fabrication construction, erection and repairing;
(f) Welding;
(g) Metal machining;
(h) Ironworking;
(i) Metal window frame making and repairing;
(j) Safe and strong-room making and repairing;
(k) The erection and installation, maintenance and repair of all forms of electrical machinery, apparatus and appliances;
(l) Engine driving in all its branches which is incidental to the metal and engineering industry;
(m) Sorting, packing, dispatching, distribution and transport in connection with any of the foregoing.

They also defined on-site construction work as:

(a) Metal and Engineering Work (as defined), performed in the work of construction, fabrication, erection and/or installation work or work incidental thereto when it is carried out at a construction site which is specifically established for the purpose of construction, fabricating, erecting and /or installing the following;

(i) power stations, oil refineries, terminals and depots; chemical, petro-chemical and hydrocarbon plants; and associated plant, plant facilities and equipment;

(ii) major industrial and commercial undertakings and associated plant, plant facilities and equipment including undertakings for the processing and/or smelting of ferrous and non-ferrous metals, the processing of forest products and associated by-products, acid and fertiliser plants, cement and lime works, and other major industrial undertakings of a like nature;

(iii) plant, plant facilities and equipment in connection with the extraction, refining and/or treatment of minerals, chemicals and the like;

(iv) transmission and similar towers, transmission lines and associated plant, plant facilities and equipment;

(v) metal trades work on other engineering projects.

(b) Maintenance and/or repair and/or servicing work carried out on site by the employees of contractors or sub-contractors in connection with contracts for on-site construction work referred to in paragraph (a).

PROVIDED that it shall not include any work which is incidental to or of a minor nature in relation to the work normally performed by an employee of an employer not engaged substantially in metal and engineering construction, including any such work associated with installation or servicing of any of the following equipment or systems:

- telephone;
- telegraphic;
- alarms;
- surveillance;
- electronic cash registers;
- intercommunication;
- sound;
- internal security systems;
- safes or other equipment designed to protect valuable items;
- signs including illuminated signs.

In presenting submissions on the terms and conditions for the creation of the Metal and Engineering On-Site Construction Industry Award the Metals and Engineering Workers' Union, the Electrical Trades Union of Australia, Tasmanian Branch, the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch and the Tasmanian Confederation of Industries recorded the following memorandum of understanding:

" 1. The Award shall initially be established as on " ons i te" Award but that as a starting point the wage rates and conditions will be those prescribed in the Metal and Engineering Industry Award.

2. This interim position does not prejudice the position of any party as to the final make-up of the wage rates and conditions in the Award.

3. The parties are committed to the on-going pursuit of appropriate wage rates and conditions relevant to the on-site construction sector of the metal and engineering industry.

4. The parties further recognise that certain impediments exist to the finalisation of the Award art this time and that the award created represents a starting point for the on-going negotiation of wage rates and conditions."

After giving due consideration to the submissions presented by the parties I hereby endorse the application for the following reasons:

(1) It is part of the ongoing Structural Efficiency programme for the Mechanical Engineers and Founders Award which will see the eventual repeal of that award.

(2) The new award will be more industry specific and clearly identifiable throughout the scope clause and the industry definition.

(3) It is in keeping with the thrust of the Wage Fixing Principles.

(4) All registered organisations appearing at the hearings supported the application.

Having decided to establish this new award, it would now be open to any registered organisation to seek an interest in the award in accordance with the provisions of the Industrial Relations Act 1984.

As the making of this award has not been finalised and further submissions still have to be presented in respect to wage rates and conditions of employment, employers falling within the scope of this award shall observe the wage rates and conditions of employment contained in the Metal and Engineering Industry Award following its finalisation.

The Order giving effect to this decision will follow in due course and will have the same operative date as application T.2757 of 1990 (i.e. the making of the Metal and Engineering Industry Award) and T.3722 of 1992 (i.e. the repeal of the Mechanical Engineers and Founders Award).

R J Watling
COMMISSIONER

Appearances:
Mr P Baker for the Metals and Engineering Workers' Union.
Miss S Pavlic and Mr J Long intervening for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
Mr K Becker intervening for the Electrical Trades Union of Australia, Tasmanian Branch.
Mr M Clifford and Ms D Moncrieff intervening for the Federated Engine Drivers' and Firemen's Association, Tasmanian Branch and the Building Workers' Industrial Union of Australia, (Tasmanian Branch).
Mr D Strickland intervening for the National Union of Workers, Tasmanian Branch.
Mrs H Dowd intervening for the Federated Clerks Union of Australia, Tasmanian Branch.
Mr A Grubb intervening for the Amalgamated Society of Carpenters and Joiners of Australia, Tasmanian Branch.
Mr R Randall intervening for the Plumbers and Gasfitters Employees Union of Australia, Tasmanian Branch.
Mr D Pyrke intervening for the Association of Professional Engineers and Scientists, Australia, Professional Engineers Branch, Tasmania.
Mr G Warn intervening for the Transport Workers' Union of Australia, Tasmanian Branch.
Mr T Edwards and Mr S Clues intervening for the Tasmanian Confederation of Industries.
Mr S Knott intervening for the Australian Mines and Metals Association (Incorporated).

Dates and places of hearings:

1991
March 25
May 1
August 27
December 3
November 15
1992
February 17
March 26
Hobart

1 T.2317, 2376, 2553, 2611, 2613 of 1990
2 T.2757 of 1990