IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

My 'Interim Decision' dealing with this application (T. No. 131 of 1985) was handed down on 5 June 1985, at which time I had this to say:

"It is my intention, in dealing with this application, to hand down an 'interim' decision and a 'final' decision.

The 'interim' decision will involve that part of the claim which seeks to amend the following Sections of the Building Trades Award

PART I - WAGE RATES

SECTION I,
SECTION II - Plumbers, and
SECTION VI - Weekly Hire, Maintenance and Workshops, CLAUSE 5 - Tools and Tool Allowance.

and

PART II - CONDITIONS

SECTION I, and
SECTION II - Plumbers.

My 'final' decision when handed down, will deal with the following Sections of the Building Trades Award

PART I - WAGE RATES, SECTION III - Builders Labourers,

and

PART II - CONDITIONS, SECTION III - Builders Labourers.

I have decided upon this course of action because the Federal Award, so far as it relates to Builders Labourers, has not yet been amended by the Australian Conciliation and Arbitration Commission to incorporate the National Wage Decision because of a number of disputes involving Builders Labourers.

Mr. A.J. Smith, representing the Master Builders' Association of Tasmania, requested that the Commission reserve its decision on that part of the Award affecting Builders Labourers, pending the outcome of any decision from the Federal Commission.

Mr. T. J. Edwards, representing the Tasmanian Chamber of Industries, stated that the position of the Tasmanian Chamber of Industries was similar to that of Mr. Smith, except they (T. C. I.) wished to reserve their rights and, if necessary, ask the Commission to reconvene the hearing, depending on the outcome of the Builders' Labourers Federation claim currently before the Australian Conciliation and Arbitration Commission.

As this Award has a strong nexus with the Federal Award, the request put to me by the Master Builders' Association of Tasmanian and the Tasmanian Chamber of industries receives my support.

Therefore, I only intend dealing with

PART I, SECTION I, SECTION II and SECTION VI Clause 5 of the Building Trades Award. and

PART II, SECTION I and SECTION II of the Building Trades Award

in this 'interim' decision."

On 14 August 1985, the Commission received a request from Mr. A.J. Smith, the Industrial Officer for the Master Builders' Association of Tasmania, asking that the matter be relisted for hearing in view of the decision by Alley, J. of the Australian Conciliation and Arbitration Commission.

The hearing was duly reconvened on 27 August 1985, to hear further submissions from the parties.

It was acknowledged by the parties that Mr. Justice Alley of the Federal Commission had made an Order to vary the Building Construction Employees and Builders Labourers (Consolidated) Award of 1982, by increasing the wage rates and certain allowances by 2.6%, thus reflecting the last National Wage increase.

It was also recognised that the operative date of that variation was from the first full pay period to commence on or after 13 August 1985.

Mr. Bacon, representing the Australian Building Construction Employees' and Builders' Labourers Federation (Tasmanian Branch) presented the bulk of his submissions to vary the award by 2.60, to reflect the movements in the Consumer Price Index for the previous quarters, at the earlier hearing on 22 May 1985.

He confined his remarks on this occasion to the question of the operative date.

Mr. Bacon, whilst recognising the Federal Award had been varied from the first full pay period to commence on or after 13 August 1985, nevertheless, requested the Commission to vary the State Building Trades Award, in relation to Part I - Wage Rates, Section III - Builders Labourers, and Part II - Conditions, Section III Builders Labourers, Clause 2- Special Rates and Clause 3 - Multi Storey Allowance, from 6 April 1985, in line with the variations made to other sections of the award arising out of the 'Interim' decision handed down on 5 June 1985.

He said,

"We believe that those members of ours who are employed under the State Building Trades Award, in fact, have carried out their obligations, commitments and so on, and have not been involved in any breaches of those commitments, and they should not be penalised as a result of something that has happened outside of the State."

Mr. A.J. Smith, representing the Master Builders' Association of Tasmania, and Mr. T.J. Edwards, representing the Tasmanian Chamber of Industries, indicated that they had no objections to the award being varied by 2.6% to reflect the increases granted in the Federal Award but,

1. they were totally opposed to the operative date claimed. by the Australian Building Construction Employees' and Builders' Labourers Federation, and

2. they requested a similar undertaking to be given by the Australian Building Construction Employees' and Builders' Labourers Federation (Tasmanian Branch) to the Commiss-ion, as was given to Mr. Justice Alley, before the Federal Award was varied.

In answer to the latter request, Mr. Bacon had this to say -

"Being a member of the Federal Management Committee which made the undertaking to the Federal Commission, I have no difficulty whatsoever making the same commitment on behalf of the State Branch of the B.L.F."

This statement was accepted by the Employer organisations, in the spirit in which it was offered.

This then leaves the question of the operative date.

Mr. Smith of the Master Builders' Association of Tasmania said that it was his organisation's strong submission that the operative date should be from the first full pay period to commence on or after 13 August 1985, in order that the nexus between the Federal and the State Award be maintained.

He said that the Commission, and indeed the parties, had always recognised the nexus, and to grant. any operative date other than that determined by the Federal Commission would be,

"tantamount to tearing up that nexus and opens the floodgates for all other sorts of arguments concerning that nexus."

Mr. Edwards, representing the Tasmanian Chamber of Industries, agreed with the submissions made by Mr. Smith, and further added that the State Building Trades Award has a precise nexus with, and virtually mirrors the provisions of the Federal Award.

He said -

"In the past employers covered by this section of the award have been required to cop substantial retrospective adjustment of the award so that it would align precisely with the Building Construction Employees' and Builders' Labourers Federal Award."

He too argued that the operative date should be from the first full pay period to commence on or after 13 August 1985, to keep the precise nexus situation.

DECISION

I have noted that the Employers and the Unions have reached agreement to vary specified wage rates and allowances by 2.60, thus reflecting the movements in the Consumer Price Index for the September and December 1984 quarters, arising out of T96 and T99 of 1985.

I believe the agreement is in accordance with the Wage Fixation Principles of this jurisdiction and is not inconsistent with the provisions of the Industrial Relations Act 1984.

On the question of operative date, I support the submissions of the Master Builders' Association of Tasmania and the Tasmanian Chamber of Industries that the operative date should be from the first full pay period to commence on or after 13 August 1985, and I decide accordingly.

There is no doubt that this award has a long standing nexus with the Federal Award and this was not disputed by any of the parties during this hearing.

It is obvious from the history of this award that the Unions have consistently argued for the maintenance of the nexus, yet on this occasion that line of argument was not presented.

If the Unions are to be consistent, and wish to maintain this nexus, then they must accept it 'warts and all'.

The inconsistent approach of requesting an operative date different from that which was granted under the Federal Award does not receive my support, nor do I countenance the theory that you can have 'the best of both worlds'.

The Orders reflecting my decision in this matter, including the operative date, are attached. Order Part I and Order Part II

R. J. WATLING
COMMISSIONER