T560

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984


T. No. 560 of 1986	IN THE MATTER OF AN APPLICATION BY THE TASMANIAN CHAMBER OF INDUSTRIES TO VARY THE PLUMBERS AWARD

	RE: INSERTION OF A FORMULA FOR THE COMPUTATION OF HOURLY HIRE RATES

COMMISSIONER R. J. WATLING	17 November 1988

REASONS FOR DECISION

APPEARANCES:

For the Tasmanian Chamber of Industries	- Mr. T.J. Edwards

For The Master Builders' Association of Tasmania	- Mr. A.J. Smith

For The Plumbers & Gasfitters Employees' Union of Australia (Tasmanian Branch)	- Mr. R. Hevey

DATE AND PLACE OF HEARING:

11 November 1986 Hobart

This application to vary the Plumbers Award was made by the Tasmanian Chamber of Industries for the purpose of inserting a formula for the computation of the hourly hire rates appearing in Clause 8, Division A of this award.

Mr. Edwards, representing the Tasmanian Chamber of Industries, tendered an exhibit (E1) which highlighted the changes sought and the consequential amendments that needed to be made to the award if the application was successful. These consequential amendments were mainly of an administrative nature.

The parties also requested that I delete any reference to the Apprentices Act 1942 where appearing in the award and replace it with the Industrial and Commercial Training Act 1985 as the Apprentices Act 1942 had been repealed.

HISTORY

On 22 July 1986, a Full Bench of this Commission handed down its decision on applications T. Nos. 432, 435 and 440 of 1986 (National Wage Case) which granted a 2.3% increase to wage rates and allowances contained in all awards of the Commission to take effect from the beginning of the first full pay period commencing on or after 1 July 1986.

This award was one of those varied by that decision. As a result, certain provisions contained in this award now vary from those applying in the Plumbing Trades (Southern States) Construction Agreement with which this award has had a nexus.

PROCESSING NATIONAL WAGE CASE DECISION

The National Wage Case decision of this Commission was referred back to individual members of the Commission to draw the orders, however, I was given the indication by the parties that, before the orders were drawn, they wished to make an application to insert a formula for computing the hourly hire rates and this is the main purpose of this application.

Mr. Edwards, in support of his application, relied on the following statement made by a Full Bench when dealing with application T. No. 398 of 1986:

"Method of Calculation

Having examined the rates contained in the agreed documents and specifically the hourly hire rates, we have gleaned that they have been calculated by the use of a formula which does not appear in this award.

We are taking this opportunity to give the parties notice that any future variations to this award will be carried out by using the figures contained therein unless an appropriate formula is inserted for the purpose of computing the hourly hire rates.

We are of the view that it is absolutely essential that the parties to, and persons bound by this award should be able to calculate the rates without reference to a different award of another tribunal."(Page 9)

There were no submissions in opposition to the adoption of this proposal.

DECISION

I support the sentiments expressed by the Full Bench in handing down its decision on application T. No. 398 of 1986.

The adoption of the formula to compute the hourly hire rates as outlined by Mr. Edwards and the consequential amendments as outlined in Exhibits E1 and E2 also receive my support.

I take this opportunity to remind the parties that the order arising out of the National Wage Case will not vary the following clauses contained in this award:

Clause No.	9 - Allowance for Distant Jobs
	15 - Damage to Clothing or Tools
	17 - Fares and Travelling Allowance
	23 - Meal Allowance
	41 - Tools and Tool Allowance.

It has been past practice in this award and the Building Trades Award to consider the money amounts contained in the previously mentioned clauses via a separate application as they have been dealt with in accordance with Principle 9(a)(i) which states:

"9(a) - Existing Allowances

(i) Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time, where appropriate, to reflect the relevant change in the level of such expenses."

The same will apply on this occasion as it has in the past.

OPERATIVE DATE:

As nothing hinges on the operative date, I am prepared to accept the agreed position of the parties, that being that the operative date coincide with that of the National Wage Case which is the beginning of the first full pay period commencing on or after 1 July, 1986.

ORDER:

The order reflecting this decision will also contain the variations made by the Full Bench when dealing with applications T. No. 432, 435 and 440 of 1986.

R.J. Watling
COMMISSIONER

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