T3867
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Federated Miscellaneous Workers Union of Australia MISCELLANEOUS WORKERS AWARD
Wage rates - State Wage Case August 1991 - structural efficiency principle - minimum rates adjustment - new classification structure REASONS FOR DECISION In this application the Federated Miscellaneous Workers union of Australia, Tasmanian Branch (the Union) sought a number of amendments to the Miscellaneous Workers Award (the Award). The Union advised that this application was actually a continuation of the Structural Efficiency Principle (SEP) exercise in the Award begun in matters T.3240 and 3120 of 1991: this continuation had been foreshadowed in those matters. The details of the amendments sought in this application were: · Changes to the Definitions clause to include two divisions of employees, one division relating to video library attendants and the other division relating to all the other classifications specified as being covered by the Award. · The introduction of a new classification structure consisting of three levels for all the general classifications specified and four levels for library attendants. · The introduction of a new Wage Rates clause to fit the new classification structure including provisions for juniors; · The commencement of the Minimum Rates Adjustment (MRA) process by way of Supplementary Payments columns in the Wage Rates clause; · The deletion of a number of allowances currently specified in the Award on the basis that the duties involved were encompassed in one or other of the tasks and responsibilities attached of the various new classification levels; · The correction of a mistake in the Hours of Work clause whereby the word "Saturday" was substituted for the word "Sunday". All the levels in the proposed new classification structure were interrelated in that they were assigned a percentage of the rate of pay prescribed for the Division B - Library Supervisor Level 4 which was set to equate to the standard tradesman's rate after the full implementation of the MRA. The Union acknowledged that any over-award payments currently being made in accordance with the present Guidelines of the Commission would be offset by the amount of the Supplementary Payment. The Union requested that the amendments in the application commence to operate from the first full pay period to commence on or after 5 July 1992: this request was because of the Union's wish to correlate the implementation of the changes with the pay periods of one or all of the employers concerned. The Union submitted that the application should be granted because it was entirely consistent with the SEP Guidelines of the Commission and was a continuation of a process begun on the same basis last year. The Tasmanian Confederation of Industries (the Confederation) confirmed its agreement to all the items sought in the application saying that it all reflected the result of continuing negotiations under the SEP which even then were not complete. The Confederation also confirmed its agreement to the implementation of the first step in the MRA process. As to the operative date the Confederation was against any retrospectivity and preferred a prospective date suggesting the first full pay period to commence on or after 1 August 1992. The Confederation said that, whilst it considered the economic impact of the granting of this application not to be against Section 36 of the Act (the public interest) it did consider that it was important for the employer to have time to prepare for the increase. The Union submitted in response that there had been plenty of time over the long period of negotiations on these matters. This virtually agreed application is granted: I am satisfied that the subject matter is well within the current Guidelines of the Commission and its implementation is not against the public interest. In the same context I am also satisfied that the MRA process in the Award should begin. Mainly because there was no agreement as to the operative date there will be no retrospectivity. The amendments to the Award arising out of this decision will commence to operate from the first full pay period to commence on or after 1 August 1992.
PA Imlach Appearances: Date and place of hearing:
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