T886, T899, T911, T916, T917 and T918
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
On 14 August 1987 His Honour Mr. Justice Ludeke of the Australian Conciliation and Arbitration Commission handed down a decision (Print 68850) granting on-site building industry awards (except Queensland) a 4% increase in wage rates and allowances relating to work or conditions under which work is performed. This was granted under the second tier of the Wage Fixation Principles. The decision led to similar applications being made in this jurisdiction by the Australian Building Construction Employees' and Builders' Labourers Federation (Tasmanian Branch), the Amalgamated Society of Carpenters and Joiners of Australia (Tasmanian Branch), the Building Workers' Industrial Union of Australia (Tasmanian Branch), the Plumbers and Gasfitters Employees Union of Australia (Tasmanian Branch) and the Operative Painters' and Decorators Union of Australia (Tasmanian Branch) to vary Division A, Division B - Plumbers and Division C - Builders Labourers of the Building Trades Award. Application was also made by the Plumbers and Gasfitters Employees Union of Australia (Tasmanian Branch) to vary Division A - Plumbers Employed on Construction Work Only (as defined) of the Plumbers Award. All these applications have been joined as the subject matter is the same. The parties came to the Commission in agreement on the restructuring and efficiency offsets. They also informed the Commission that agreement had been reached on the operative date of the two award variations. They are as follows:
The offsets presented by the parties can be summarised as follows: 1. Rostered Day Off The industry RDO's to be scheduled 15 months in advance to coincide with public holidays. It will be possible for an employer to agree with one or more of his employees to substitute another day for the industry RDO. 2. Dispute-settling Procedures The parties have adopted dispute-settling procedures dealing with general disputes, safety and demarcation disputes. 3. Inclement Weather It was agreed that the "one out - all out" shall not be applied to the inclement weather award clause where:
No industrial action shall be taken in support of demands for payment for weekend work not provided, when such work had been planned and then cancelled on the working day immediately prior to the weekend due to inclement weather. 4. Annual Leave/Annual Close Down It was agreed that the granting and taking of annual leave to be in accordance with the award provision. All sites shall be considered open unless annual close down notice is given to employees in accordance with award provisions. 5. Safety Procedures It was agreed that whenever a safety hazard is identified, all employees in the vicinity of that hazard and likely to be affected by the hazard, will be transferred to perform other meaningful work until the hazard has been rectified. If access to safe working areas is unsafe, it will be immediately rectified and workers will use any alternative safe access to safe working areas whilst the usual access is being rectified. No industrial action will be taken where this procedure is being carried out. It was agreed that the purpose of this clause was to ensure the prompt rectification of safety hazards with as little disruption to on-site production as possible. Where it is agreed between the employer and the unions that a whole site is considered unsafe, workers will not leave the site, but remain in the sheds whilst rectification is effected. As areas become safe, work shall resume in those areas. 6. Site Allowances It was agreed that all site allowance claims will be dealt with in accordance with the procedures prescribed by the award, and without prejudice to the legal rights of any party under the Industrial Relations Act 1984 all decisions of the Commission shall be final and binding on all parties. This agreement proscribes any industrial action to obtain a payment or condition beyond that decided by the Commission. Decision: The previously mentioned restructuring and efficiencies were basically the same as those presented to His Honour Mr. Justice Ludeke and found to be in accordance with the Wage Fixation Principles. In this matter the parties also sought to vary the awards by:-
In arriving at my conclusion to grant the claim, I want it to be known that I have some reservations with the agreement as it could be said it does little more than fulfil the normal work requirements enunciated in the award. Having made this point during the course of the hearing, the parties still strenuously argued that some of the offsets were entrenched work practices going back many years, and the agreement was a genuine contribution to cost savings and productivity, and they urged that it be endorsed by the Commission. I recognise that the building industry is unique in many aspects. However, I do not believe it is that unique that the parties could not have looked deeper and harder at the industry to find more efficiency savings. I have taken some comfort from the fact that a National Restructuring Sub-Committee has been established with the objectives of:
The Sub-Committee will also consider:
Having recognised that the Australian Conciliation and Arbitration Commission has granted the claim to persons employed on-site in this industry in Tasmania, I would be bereft of industrial reality if I was to deny certain employees covered by this award the second tier for "trading-off" the same things as their colleagues covered by the federal award who were granted the increase. In varying the awards in the manner sought, (including the operative dates), I give the parties notice that I will be closely monitoring the agreement, and I may not look too kindly on any disputes arising out of matters which form part of the agreement. The Orders giving effect to this decision are attached.
R. J. WATLING |
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