IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

The application in this matter has two primary purposes, they are:

1. The making of a new award to have application to employees currently award free. The award is to be known as the Metal Trades (State Employees) Award.

2. The implementation of the 4% second tier package as agreed between the parties.

This decision confirms my stated intention, at the conclusion of proceedings on 9 August 1988, to make the new award and include in it wage rates and appropriate provisions to implement the second tier package.

The history behind this application goes back over a period of some twelve (12) years, when moves were made by unions to delete State Government Departments from the respondency list, of the Federal Metal Trades Award. This initiative was ultimately successful during 1978, resulting in employees affected being paid rates and conditions prescribed by the State Automotive Industries and the Mechanical Engineers and Founders Awards.

Subsequent to 1980 an agreement was negotiated between the parties, however, it was never registered in either the State or Federal jurisdictions.

In proceedings in one of the first applications lodged with this Commission 1, Commissioner Gozzi advised the parties that the agreement referred to above was not capable of being carried forward into this jurisdiction.

In October of 1985 the parties advised Commissioned Gozzi that it was their intention to come back to the Commission in due course seeking the registration of an agreement.

On 25 March 1986, an application by the Minister for Public Administration2 for the making of a new award was lodged with the Registrar. However, proceedings in that matter lapsed and the application withdrawn without an award being made.

On 10 April 1987 an application for the registration of an agreement3 was lodged with the Registrar. On 12 June 1987 a Full Bench of the Commission reserved a decision on the ratification of the agreement. However, the parties were subsequently advised of some technical difficulties which would prevent the Commission approving the agreement. In the absence of changes being made to the document, this application also lapsed and was withdrawn on 29 July 1988.

The current application was lodged with the Registrar on 1 July 1988, and listed for hearing on 29 July and 9 August 1988.

On 29 July, proceedings were adjourned as only one union, the Amalgamated Metal Workers Union of Australia, (Tasmanian Branch) (AMWU), was represented.

Prior to 9 August, unions with an interest in this matter were contacted by the Commission and advised that proceedings would be concluded on that date and a decision reserved on whether or not an award should be made.

In spite of that advice, the only union represented on the day was the AMWU.

The non appearance of representatives of unions with an interest in this matter has caused me concern in arriving at a decision on aspects of this application.

It takes little effort by an official to contact the Commission and advise of the inability to attend a hearing and the position of an organisation regarding an application. With one possible exception this was not done, I can therefore only conclude that the relevant officials attached little or no priority to this matter. They have certainly caused inconvenience to other parties and the Commission.

It is of some significance that I received phone calls the day after the hearing from representatives of each of the organisations, all indicating they wished to be bound by any award made.

As indicated earlier, after hearing the very detailed and succinct submissions from Mr Pearce going to merit and being advised of the AMWU's consent in this matter, I intend making the new award as requested.

I believe the award, including the second tier package is not contrary to the Wage Fixing Principles of this Commission or the public interest provisions of the Industrial Relations Act 1984.

The new award attached to this decision is self explanatory. However, to ensure that all concerned clearly know the intention of the Commission in relation to the second tier package, a copy of the detail of Exhibit B will be attachment "A" to this decision. That attachment details the cost offset package which must be accepted by all parties if they are to receive the benefit of this award.

I now address some specific aspects going to the making of this award.

Exhibit A, the draft award prepared by the Minister, does not contain a Savings provision, infact it was agreed by the parties represented that one was not necessary. Having carefully considered this aspect I have decided to include a Savings clause for which for obvious reasons must be very general.

The prime intention of the new award is to properly reflect in one document the existing wage rates and working conditions of metal trades employees in certain nominated agencies. That document is to be given status by being processed as an award of this Commission . It is the clear intention of the parties and certainly this Commission, that with the obvious exception of the second tier package, the rates and conditions spelled out in the award should not result in any employee gaining or losing anything. In other words the status quo should be retained.

Whilst I accept not all matters are contained in this award and there is no previous award, I believe it important to emphasise that no employee should be disadvantaged as a result of these proceedings. The Savings provision included at least makes that clear.

The Parties and Persons Bound clause for obvious reasons causes me some concern.

In other circumstances if organisations were not represented in proceedings such as these, I would not entertain considering them as parties to a new award. However, this and similar applications have, I believe, already taken up too much time of the Commission and the parties. Additionally I have been involved in the previous matters involving a Full Bench of the Commission , I am therefore well acquainted with the background and history. I have also been contacted since the proceedings by representatives of the "interested" organisations .

I therefore include the Electrical Trades Union, the Australasian Society of Engineers and the Federated Storemen and Packers Union as parties bound by the award.

The date of operation of the order in this matter is on and from 9 August 1988.

J.G. King
COMMISSIONER

ATTACHMENT A

SECOND TIER OFFSET PACKAGE

METAL TRADE EMPLOYEES

COST OFFSETS

1. Non-cash Payment of Wages

The employer to be able to elect, without prior approval of employees or employee organisations, to change from payment by cash to payment by electronic funds transfer, or direct deposit, or cheque subject to the employer giving three month's notice.

2. Spread of Hours

Extend the spread of hours from the times of 7.00 am 6.00 pm to 6.30 am - 6.00 pm.

3. Part-time Employment

Adoption of the Metal Industry Award provision, to permit the employment of part-timers.

4. Overtime - Elimination of "one-in, all-in" Practice

Adoption of the Metal Industry Award provision prohibiting the union demand that overtime should be worked only if all employees are involved.

5. Flexibility for Rostered Days Off (RDO's)

(a) Fifteen months advance programming of RDO's to coincide with other day labour areas.

(b) RDO's to be adjusted to coincide with public holidays.

(c) RDO's to be deferred, with a minimum of 5 days' notice, where continuing work on a particular project is desirable or necessary.

(d) Up to 5 RDO's permitted to be banked as a result of (c).

6. Adult Apprenticeships

Agreement to accept adult apprentices subject to the Training Authority's requirements.

7. Long Service Leave

Minimum period of 21 consecutive days to be taken when proceeding on such leave.

8. Annual Leave

Agencies to review their annual leave systems, i.e. rostered leave throughout the year, or annual "close down", to select the appropriate method having regard to financial and productivity considerations.

Changes to current practices to be effected after consultation with, and agreement of, the affected employee organisations.

9. Abandonment of Employment

Adoption of the Metal Industry Award provision; Clause 6(g)·

10. Grievance Procedures

Agreed procedures in the attachment are to be adopted.

11. Wash Up and Change Times

(a) Employees to be changed, ready to commence work, at the prescribed starting time.

(b) Wash up times will be limited to a period of up to 5 minutes, if necessary, depending on the conditions prior to the prescribed time for cessation of work.

12. Truck and Heavy Equipment Allowance

That Forestry employees receive the allowance calculated in the same method as used by the Department of Main Roads; that is on an hourly basis rather than per week.

13. Flexibility of Employment

(a) Agreed that Motor Mechanics and Diesel Mechanics may use oxy-welding equipment for minor repair work, but not structural work, provided they have exhibited evidence of ability to perform the work at the necessary skill level, further provided that this arrangement is not extended to work in DMR depots.

Work of a safety nature shall be done by qualified tradesmen.

(b) That tradesmen working in the Forestry Commission workshop at Geeveston may be required, as part of the normal duties, to use the Herless Metal Lathe as, and when, necessary.

(c) That provided the employees have the necessary skills, the following occupations are to be regarded as interchangeable to suit fluctuating work demands in the non-trade classifications .- Bender, Dogman/Chaser, Lubritorium Attendant, Second-class Machinist, Storeman (Tools and Materials), Trades Assistant, including overhead crane and mobile crane, where employees have the appropriate qualifications.

14. Pre-employment Medicals

To be introduced where necessary; employer to meet the costs, employees to have access to the report if they wish.

15. Sick Leave

Notification to the employer to be reduced from "within 48 hours where practicable"to "as soon as reasonably practicable within 24 hours" as per the Metal Industry Award.

16. Foreman - Using Tools of the Trade

Recognition of foreman using tools of the trade for teaching and instruction purposes only; not for production work.

17. Overtime - Education Department

Special provisions to apply to Storemen.

GRIEVANCE PROCEDURES

The objectives of this procedure are to promote the resolution of grievances and disputes by measures based on consultation, co-operation and discussion; to reduce the level of industrial disputation; and to avoid interruption to the performance of work and the consequential loss of service to the community and of wages.

(a) In the first instance, the employee(s) and/or union(s) shall attempt to resolve the grievance or dispute with the immediate work supervisor. The local union representative(s) shall be present if desired by either party.

(b) If the grievance or dispute is not settled at that stage, the matter shall be referred to the site, plant or depot manager. The local union representatives shall be present if desired by either party.

(c) If the grievance or dispute remains unresolved, the matter shall be referred to the Agency head and the state secretary of the union(s).

(d) It is agreed that steps (a) to (c) shall take place within seven (7) days.

(e) If the grievance or dispute remains unresolved, the matter shall be referred to the Tasmanian Industrial Commission for decision which shall be accepted by all parties as settlement of the grievance or dispute.

(f) Except as to bona fide health and safety issues and until the grievance is ultimately resolved through any or all of the steps (a) to (e), work shall continue normally in accordance with custom and practice existing before the grievance or dispute arose.

No party shall be prejudiced as to the final settlement of a grievance or dispute by the continuation of normal work as above.

1 T.11 of 1985
2 T.364 of 1986
3 T.741 of 1988