T811
|
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This matter concerns an application by the Tasmanian Confederation of Industries (TCI) to vary the Cement Makers Award by deleting the amount of '$308.20' appearing opposite classification 1 - Cement Burner No. 4 Kiln, in Section II, subclause 1, of Clause 8 - Wage Rates, and inserting in lieu thereof the figures '$300.60' (wage rates pre $10 National Wage increase). The effect of the variation sought therefore is to reduce the wage rate for this particular classification by $7.60 per week, operative retrospectively to the beginning of the first pay period to commence on or after 24 April 1987. In matter T.571 of 1986 I awarded a wage increase of $7.60 per week to the classification of Cement Burner No. 4 Kiln on the basis of a work value assessment, operative from the first pay period to commence on or after 24 April 1987. This assessment was made following inspections and submissions at the Goliath Portland Cement Company works at Railton in relation to an application by the AWU following the installation of a new PIROJET burner system. Following the quoting of Principle 4, Work Value, I said in my earlier decision, at pages 5 and 6: "Applying those tests to the new situation as it relates to the new PIROJET burner alone, does not totally convince me that sufficient case has been made out to justify an increased wage rate. I acknowledge that change has occurred requiring the exercise of additional skill and responsibility factors. However the additions in this regard do not sit comfortably as significant', as expressed within Principle 4. Notwithstanding that situation, the employer requires changes in the nature of the work in the form of 'housekeeping in the immediate environs'. Thus, not only are there added skills and responsibilities (albeit of a moderate degree) being imposed, but they are to be accompanied by new and separate additional duties which go to changes in the nature of the work. Whilst each factor alone may not meet the strict requirements of the Principles, I have no doubt that in combination they add up to a significant addition to work value. Provided there is an acceptance of the new duties proposed I am prepared to grant an increase in the wage rate under review for 'Cement Burner No. 4 Kiln', but not to the full extent claimed." It has transpired that employees classified as Cement Burner No. 4 Kiln have thus far refused to accept the new extra duties which basically involve sweeping, cleaning and dusting of specified areas in and adjacent to the work area. Since it was made perfectly clear to all concerned that the $7.60 increase was entirely dependent upon an acceptance of extra duties being carried out, I have no alternative other than to revoke the Order varying the award back to the original date of effect in accordance with the present application by TCI, which is granted. Since it is unusual to reduce award wage rates in this manner, leave is reserved for the AWU to seek reinstatement of the $7.60 at a later date in the event that the employees concerned reconsider their position. Further Order attached.
A. Robinson | ||||||||||||||||||||||||||||||||||||||||||