T395
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This application, T.No. 395 of 1986, was made by the Plumbers and Gasfitters Employees' Union of Australia (Tasmanian Branch) to vary the Plumbers' Award in the following manner: (a) to increase wage rates and allowances in Part I, Section I by 3.8% to reflect the November 1985 National Wage Case decision, operative from the first full pay period to commence on or after 4 November 1985; (b) to increase the hourly hire rates and nominated expense related allowances in Part I, Section. I and Part II, Section I, operative from the first full pay period to commence on or after 19 December 1985; (c) by deleting all references to the Secretary for Labour where appearing in the award and replacing it with the Tasmanian Industrial Commission; (d) by deleting an obsolete reference in Part I, Section I, Clause 2 - Apprentices. An agreed document was presented to the Commission containing the variations sought. The submissions presented by Mr. Hevey, representing the Plumbers and Gasfitters Employees' Union of Australia (Tasmanian Branch), Mr. Edwards, representing the Tasmanian Chamber of Industries and Mr. Smith, representing the Master Builders Association of Tasmania, can be summarized as follows: (i) the Australian Conciliation and Arbitration Commission had varied the Plumbing Trades (Southern States) Construction Agreement to include the 3.8% National Wage Case decision (C. No. 2425 of 1985), operative from the first full pay period to commence on or after 4 November 1985; (ii) this award has a nexus with the Plumbing Trades (Southern States) Construction Agreement; (iii) the Tasmanian Industrial Commission granted to State awards a 3.8% increase to take account of movements in the Consumer Price Index for the March 1985 and June 1985 quarters operative from the first full pay period to commence on or after 4 November 1985; (iv) the Tasmanian Chamber of Industries had requested the Full Bench of the Tasmanian Industrial Commission, during the hearing of applications T. No. 265 and T. No. 266 of 1985, to exclude Section I of the Plumbers Award from any decision, thus enabling a separate application to be considered at a later stage; (v) His Honour Mr. Justice Alley in C. No. 9112 of 1985 had granted an increase in expense related allowances in the Plumbing Trades (Southern States) Construction Agreement which was a flow on from an increase awarded in the National Building Trades Award; (vi) there was a need to increase wage rates contained in Section I - Hourly Hire, as the tool allowance is a component part of the formula used to calculate the hourly hire rates; (vii) the application to vary expense related allowances falls within Principle 9 (a)(i) of the Wage Fixation Principles; (viii)the application to vary the award for movements in the Consumer Price Index falls within Principle 1 of the Wage Fixation Principles; (ix) there is a nexus between the Plumbing Trades (Southern States) Construction Agreement and the hourly hire section of the Plumbers Award and it was essential that the nexus was maintained; (x) there was no violence done to the public interest through the granting of the claim, and it was put to me that the variations sought were very much in the public interest, especially the preservation of the nexus; (xi) the Plumbers and Gasfitters Employees' Union of Australia (Tasmanian Branch) had given a written commitment to abide by the Wage Fixation Principles. DECISION It is my intention to grant the claim. I have also noted the agreement of the parties to both (a) the quantum of the increase in the wage rates and allowances; and (b) the operative dates. I believe the agreement is not inconsistent with the Industrial Relations Act 1984, nor the Wage Fixation Principles. I am also prepared to accept the submissions presented to me on the operative dates of the wage increases emanating from the movements in the Consumer Price Index and the increase in expense related allowances and hourly hire rates. During the concluding stages of the hearing of applications T. No. 265 and T. No. 266 of 1985, the Plumbers and Gasfitters Employees Union of Australia (Tasmanian Branch) gave a 'no extra claims' commitment and I am prepared to accept the commitment given at that time and the standard 'no extra claims' commitment will be included in this award. ORDER I am on this occasion going to issue two consent orders arising out of this application for the following reasons: (i) the first order [Part I] [Part II] reflects movement in the wage rates and allowances reflecting the November 1985 National Wage Case decision; (ii) the second order contains increases in the hourly hire rates and the reimbursement of expense related allowances; (iii) both orders have a different operative date; (iv) it is clearer for those who wish to follow the history of this award. My second order not only contains (ii) above, but also consolidates the award in the new format adopted by the Commission. I have taken this opportunity (at the request of the parties) to delete any reference, where appearing, to the Secretary for Labour and have inserted the Tasmanian Industrial Commission and, removed the redundant provision relating to apprentices. The parties should also note that the consolidated award contains decision T. No. 300 of 1985 handed down by the Full Bench on 7 May 1986. This decision converted the Basic Wage and Margin to a Total Wage. This only applies to Division B - Weekly Hire Employees and Division C - Clerks.
R.J. Watling
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