T1126
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This is an application by the Australian Workers' Union (AWU) to vary the Cement Makers Award by re-inserting the amount of $308.20 opposite Classification 1, "Cement Burner - No. 4 Kiln", in Section II, sub-clause (i) of Clause 8 - Wage Rates, in lieu of $300.60. On 24 April 1987 I handed down a decision in T.571 of 1986 granting $7.60 increase to this particular classification on work value grounds, with effect from the date of decision. However, the granting of this increase was contingent upon the employees concerned undertaking further additional duties in the form of housekeeping in the immediate environs. Reference to this fact may be found at page 6 of the decision: "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 Principlers, 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." Subsequently the Tasmanian Confederation of Industries made application to the Commission to reduce the wage rate for the self same classification by $7.60 per week because employees had thus far refused to accept the new extra duties which basically involved sweeping, cleaning and dusting of specified areas in and adjacent to their work area. This was application T.811 of 1987. In my decision of 23 September 1987, I revoked the earlier Order which granted $7.60 increase and commented as follows: "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 these 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 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." The employees concerned apparently did further consider their position and decided to perform the additional duties required of them as from 13 November 1987, and the Company has been paying them a further $7.60 per week on the understanding that the award would be again amended in an appropriate manner. The agreed position of the parties is that my original decision of 24 April 1987 be re-instated, and that wage rate for the classification of "Cement Burner No. 4 Kiln" be increased by $7.60 per week as from the first pay period to commence on or after 13 November 1987. I grant the claim for the same reasons stated originally but specify that the additional duties to be carried out are those read into transcript of 17 February 1988, at page 3. An Order reflecting this decision is attached.
A Robinson | ||||||||||||||||||||||||||||||||||||||