IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This joint application seeks the inclusion in the Hospitals Award (the Award) of a new classification and a number of allowances. The applications are agreed to by the Tasmanian Confederation of Industries (TCI) on the basis that they seek to flow into the Award matters which are already contained in the Hospital Employees (Public Hospitals) Award.

It was claimed there has been a long-standing nexus between the two awards with provisions and standards established in the public sector award, almost automatically flowing to the private sector award.

Although there is agreement between the parties I will deal with each claim separately.

Variations are sought to Division A - Staff Employed in Private Hospitals, subdivision 2 - Ancillary Services and Clerical Employees. The first variation seeks, after classification 14 Painter, to insert the following:

"A Carpenter or Painter, as determined by the employer, shall be paid an allowance at the rate of $6.40 per week for the disability associated with any construction work. Other tradesmen, as determined by the employer, may be paid a pro rata allowance on a daily basis for similar work with a minimum payment of one fifth of the weekly rate."

The payment of a construction or disability allowance to compensate for the disabilities associated with construction work is well established and accepted on merit. However, I intend to qualify the above by adding the following proviso:

"Provided that a Carpenter or Painter shall only be paid the allowance when actually engaged on construction work."

The second claim seeks, after classification 15 - Fitter, the insertion of the following:

"A Maintenance Fitter who holds a certificate of Competency as an Electric Welder issued by the Department of Labour and Industry, who is required to carry out high-pressure welding to that Department's standards, on vessels or pipes carrying steam under pressure, shall be paid an allowance of 30 cents per hour in respect of time spent in performing such duties."

The payment of an allowance as provided above is also well established and is justified on the merit. The Award will be varied in relation to this matter as requested by the parties.

The third claim seeks, after classification 16 - Electrical Mechanic, the insertion of the following:

"An Electrical Mechanic who

(a) holds an 'A' Grade Wireman's Licence shall be paid $13.10 in addition to the above salary rates.

(b) holds an 'A' Grade Wireman's Licence and who is the nominee of the Board of Management of a hospital, registered with the Hydro-Electric Commission as an electrical contractor, and provided such electrical mechanic is at all times acceptable to the said Commission, he shall be paid a licence nominee allowance of $36.30 per week, whilst acting as such nominee provided that this allowance shall apply to only one employee in each hospital so registered, except that it may be extended to include a nominee, approved by the HEC on those occasions where such nominee is required to relieve the permanent nominee during periods of approved leave of absence exceeding five working days."

The above provisions cause me considerable concern. It seems to me that the only reason for the claims is that an entitlement exists under the provisions of the Hospital Employees (Public Hospitals) Award. There were no supporting submissions going to the merit of the above allowances. In fact some basic questions from the Commission were not satisfactorily answered.

To highlight my concern, I instance a situation where an Electrical Mechanic currently employed in a private hospital obtains an 'A' Grade Wireman's Licence. Based on the wording of (a) above he would have a legitimate claim for an additional $13.10 per week. However, his duties or responsibilities do not need to change for him to qualify for the payment.

I do not believe the granting of the application in those circumstances sits comfortably with the Wage Fixing Principles of this Commission or the public interest provisions of the Industrial Relations Act 1984.

As the merit of the claims was not debated before me, I will not dismiss this part of the application, but simply defer it to allow the parties to consider their respective positions.

The next section of the applications seek the inclusion of the following:

"17.	Plumber	$
	1st year of service	18,242
	2nd year of service	18,517
	3rd year of service	18,788
	4th year of service	19,313
	5th year of service
	and thereafter	19,588

(1) A Plumber registered as such by the appropriate State Authority shall in addition to the above salary rates be paid a Registration Allowance at the rate of $14.20 per week.

(2) A Registered Plumber, other than a Foreman Plumber (classified as such); who is required to act as the employer's nominee and to assume responsibility in his own name for the plumbing work of a hospital or department of a hospital shall be paid whilst acting as such nominee an allowance of $36.30 per week.

(3) An employee, other than a Plumber, who is competent to and is regularly required to perform plumbing duties shall be paid an allowance of $9.40 per week in addition to the above salary rates.

PROVIDED THAT the employer shall provide a person employed as either an electrical mechanic or maintenance fitter with all hand, power or special tools necessary for the proper performance of such employee's duties.

Where the employer does not supply either an electrical mechanic or a maintenance fitter with hand tools or where an employee is required to provide his/her own tools for use in the service of the employer he/she shall be paid a tool allowance in accordance with the following rates:

	Per Week
Trade	$
Electrical Mechanic	6.30
Maintenance Fitter	6.30
Plumber	7.80
Carpenter	7.80
Painter	6.30
Chef and Cook	3.50

PROVIDED THAT the above allowance shall not be subject to any premium or penalty additions."

I was advised that an employee of a private hospital was already being paid as a Plumber in accordance with the proposed salary scale. The rates are therefore those that are currently being paid and in any case are the same as paid to tradesmen generally, employed under the provisions of the Award.

The classification Plumber and the above annual salaries will be included in the Award.

I have the same concerns about the plumbing allowances as I earlier expressed in relation to the electrical allowances. They are therefore deferred for further consideration by the parties.

The provision relating to the supply of tools, or in lieu, the payment of an appropriate tool allowances is a relatively standard provision which can be sustained on the merit. In those circumstances the agreed proviso will be included in the Award.

If after further consideration of those matters which have been set aside by this decision, the parties wish to support their inclusion in the Award with submissions on the merit, the applications will be relisted at short notice.

The order emanating from this decision will apply from the first pay period commencing on or after 10 September 1987.

JG King
COMMISSIONER