TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

The Australasian Meat Industry Employees Union,
Tasmanian Branch
(T.4495 of 1993)

and

Blue Ribbon Meat Products Pty Ltd

Industrial dispute - underpayment of wages

REASONS FOR DECISION

In this matter The Australasian Meat Industry Employees Union, Tasmanian Branch (AMIEU) sought the assistance of the Commission in respect of an industrial dispute with Blue Ribbon Meat Products (Blue Ribbon) concerning underpayment of wages.

At the outset it is appropriate for the Commission to restate its view that a matter going to purported underpayment of wages is within the jurisdiction of the Commission to hear and determine. In that regard reference is made to matter T.4265 of 1993 and a copy of the decision in that matter is attached.

In the AMIEU and Blue Ribbon dispute the jurisdiction of the Commission to deal with the subject matter was not raised by the parties. However I consider it to be worthwhile to bring to the attention of the parties the Commission's approach, as set out in T.4265 of 1993, in dealing with these type of matters.

Turning now to the details of the dispute.

Mr Swallow appearing for the AMIEU submitted that boning and rolling briskets is now undertaken at Blue Ribbon whereas previously that work was performed by Woolworths in their supermarket butcher shops. The Commission was informed by Mr Swallow that traditionally:

"... carcases go into the butcher shops and supermarkets, they're broken down by the butcher and, of course, they're packed and wrapped and put in the cabinets for sale".

Transcript p.2

It was stated by Mr Swallow that whereas boners at Blue Ribbon break down meat and pack it, the requirement now was for boners to also roll briskets to the standard required by Woolworths. Mr Swallow contended that this requirement represented a transfer of butchers' work from supermarkets to Blue Ribbon. He said:

"The only thing that has happened is that the butcher's work has been transferred from the supermarket to the Killafaddy boning room (Blue Ribbon) where the brisket is now boned by an employee, who incidentally, is a retail butcher."

In brackets mine Transcript p.2

Mr Swallow submitted that the work in question should attract a rate of pay contained in the Meat Trades Award which, inter alia, has application to supermarkets which are defined in the award in the following terms:

"'Supermarket'

For the purposes of Section II of this award a supermarket shall mean a section of a diverse retail store engaged in the preparation and display of prepacked meat for retail sale within those premises.

This definition shall not be taken to include a separate and distinct retail butcher shop which may be located within the premises of a diverse retail store."

Having regard to the provisions of the Meat Trades Award, Mr Swallow submitted that the rate of pay applicable to the work in question is $378.10 per week which is the rate of pay contained in Division A of the award for "Other General Butchers not called on to serve in shops". In support of that rate of pay Mr Swallow also indicated rolling of briskets is undertaken in butcher shops and that this had always been the case. He said:

"It's part and parcel of the trade. It's an apprenticeship trade, it's part and parcel. And you've got to be pretty good at it otherwise you get your strings that don't run even, they start crisscrossing and you can't cut the meat, you cut the meat instead of the string, then the meat falls apart and looks shabby rather than a good product."

Transcript p.5

Mr Swallow contended that if this type of work was to be performed in the Blue Ribbon butcher shop located at Killafaddy, then the rate of pay would be $393.40 a week. This rate is applicable to a "General butcher who in the course of his duties acts as shop-person or who is engaged principally cutting for window display or for sale as prepacked meat". He submitted that as there was no room in the butcher shop and accordingly this work is now undertaken -

"... in another area of the plant"

Transcript p.3

In the circumstances Mr Swallow considered that the claimed rate of $378.10 per week for a butcher not called on to serve in shops to be the correct one. I was informed by Mr Swallow that in discussions with Blue Ribbon it was held by the company that as the employee concerned in this matter was employed under the Abattoirs Award that the appropriate rate of pay is $348.20 for the classification of "other boners" as set out in Division B(i)(b) of the award.

Mr Cameron appearing for Blue Ribbon submitted that:

"... this matter came to our attention initially under the revised requirements of our customers, as was referred to by Mr Swallow, we were faced with a need in the boning rooms areas generally to have some of our employees either acquire or utilise the skills they already had in value adding these briskets by rolling them."

Transcript p.5

Mr Cameron appropriately made the distinction that boning the brisket was part of a boner's normal work and that the issue in question related to rolling of briskets. He submitted that it was acknowledged by Blue Ribbon that the Abattoirs Award does not make specific reference to rolling of briskets and that he had advised Mr Swallow, in essence that it was the view of Blue Ribbon that as there were employed:

"... a mixture of people who could carry out the work, (rolling briskets) either they carried those skills in when they joined us or they had been trained in the work whilst with it, we thought that an appropriate rate fir the work when they were doing it, would be the other boner rate of $348.20"

In brackets mine. Transcript p.5

In the process of informing the Commission about the work performed by the employee on behalf of whom this matter was brought before the Commission, Mr Cameron indicated that the rolling of briskets was also undertaken by other employees including non butchers who had acquired the necessary skills. Mr Cameron also submitted that:

"... quite frequently lately, a butcher from one retail butcher shop who, when the demand for work so indicates, is seconded temporarily from the butcher shop across into the boning activity to meet that requirement".

Transcript p.6

When that butcher undertakes this work he continues to be paid in accordance with the Meat Trades award as a butcher i.e. his substantive classification.

The further submissions of Mr Cameron outlined other work performed by the employee in this matter and the classifications contained in the Abattoirs Award relied on by Blue Ribbon when performing different tasks. I was also informed that in earlier discussions between Mr Swallow and Mr Cameron that Mr Swallow considered that the "export boner" rate of pay of $374.30 a week contained in the Abattoirs Award should apply. Mr Cameron said that this was not necessarily accepted by Blue Ribbon and an offer to further discuss the matter was made to Mr Swallow. Subsequently an application was made to the Commission which Mr Cameron indicated was surprising, given the offer of discussions. Mr Cameron stated:

"So we are in a position, Mr Commissioner, that we continue, as I have described to you, we have not got any information or advice that we believe would help us further in determining what it, in fact, an appropriate rate. We do want to stress that ...., who seems to have been something of a trigger for this application in the eyes of AMIEU, is being paid, as are all others when they do this work, the $348.20. But if the commission were to decide that some other rate were appropriate to people doing this work then, of course, we would abide by the decision of the Commission.

We'd want to make the point that it does involve various classes of employee who, if you like, step up into this role on a needs basis and should, of course, be paid appropriately whatever is determined as being appropriate. That is really our response to this application, thank you, Mr Commissioner."

Transcript p.7

Decision

My recommendations in this matter were given in transcript on 25 August 1993. Essentially I indicated that I accepted that rolling of briskets formed part of the work normally performed by Butchers in butchers shops and that the skill was comprehended in the apprenticeship in butchery. In the circumstances I considered that the Meat Trades Award classification referred to by Mr Swallow provided the appropriate rate of pay.

Mr Cameron expressed concern that there may be other duties, when viewed in isolation which could be regarded as the duties of a butcher. In that regard I make the point that my recommendation here relates to the task of rolling briskets only. It may be, in light of this recommendation that the parties may wish to seek to vary the Abattoirs Award to include a new classification established on work value criteria. However, in the interim, my recommendation concerning the rate of pay should be applied on a mixed functions basis only.

I also take this opportunity to again bring to the attention of the parties that in my opinion the Abattoirs and Meat Trades Awards should be reviewed in the context of structural efficiency. The problem in this dispute would most likely be easily overcome as a consequence of including in the awards classification structures more relevant to the needs of the industry taking into account the changing demands of customers and the impact this has on operational requirements. Obviously broad banding of classifications and introduction of new classifications to enhance flexibility are but two ways to provide benefits for employees and employers alike.

R K Gozzi
COMMISSIONER

Appearances:
Mr J Swallow for The Australasian Meat Industry Employees Union, Tasmanian Branch
Mr G Cameron for Blue Ribbon Meat Products Pty Ltd

Date and Place of Hearing:
1993
Launceston
25 August