T1606

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984


T1606 of 1988	IN THE MATTER OF AN APPLICATION BY THE FEDERATED MISCELLANEOUS WORKERS UNION OF AUSTRALIA, TASMANIAN BRANCH TO VARY THE FIBREGLASS AND PLASTICS AWARD

	RE: 4% SECOND TIER INCREASE


COMMISSIONER R.J. WATLING	HOBART, 14 December 1988

REASONS FOR DECISION

APPEARANCES:

For the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch	- Mr. L. Brown (28.9, 2.11 and 9.12.88)

For The Federated Rubber and Allied Workers' Union of Australia, Victorian Branch	- Mr. L. Barry with Mr. G. Snare (9.12.88)

For the Tasmanian Confederation of Industries	- Mr. W. Fitzgerald (28.9.88) - Mr. K. Brotherson (2.11.88) - Mr. T. Edwards (9.12.88)

DATE AND PLACE OF HEARING:

28 September 1988 Hobart 2 November 1988 Hobart 9 December 1988 Hobart

This application comes before the Commission pursuant to the Restructuring and Efficiency Principle for a 4% increase in wage rates contained in the Fibreglass and Plastics Award.

In accordance with the requirements of the Principles, the parties presented a list of agreed offsets to vary the award which can be summarised as follows:

1. Delete provision which requires the taking of Annual Leave within 6 months of its falling due.

2. Insert a provision for the breaking of Annual Leave more than once by mutual agreement between the employee and employer with a proviso that one period be at least 14 days.

3. Vary Sick Leave provision to provide for notification, where practicable, prior to the ordinary starting time.

4. Sick Leave to be accumulated for the first 3 months of employment at the rate of 6.33 hours for each month of employment.

5. Introduce provisions allowing for the engagement of casuals in certain circumstances and part-time employees.

6. Payment of wages to be effected either in cash or by electronic funds transfer at the employer's discretion.

7. Insert provision allowing for the banking of RDO's at the employer's discretion to a maximum of 5.

8. Insertion of provision requiring strict observance of start/finish times i.e. dressed and at the work station.

9. Vary Mixed Functions clause so that higher rate is paid for whole day after 4 hours in lieu of current 2 hours where employees are regularly rotated between classifications.

10. Delete obsolete classification of Cleaner and introduce a new classification of Labourer and/or Cleaner.

11. Insertion of provision allowing for the working of Shift work.

The parties also agreed that the operative date of the variations should be from the first full pay period to commence on or after 9 December 1988.

Mr. Edwards, representing the Tasmanian Confederation of Industries, was of the opinion that if all the offsets were introduced and used to their full extent, the value of those offsets would make the claim for a 4% increase cost neutral.

The provisions to enable (a) Shift Work to be undertaken in the industry and (b) the employment of casuals, in certain circumstances, and part-time employees, form a significant part of the offsets.

I am of the view that the package negotiated by the parties conforms with the Wage Fixing Principles. Therefore, the award should be varied in the manner sought, including the operative date and I decide accordingly.

These types of offsets are those envisaged by the introduction of this Principle.

Order:

An order giving effect to this decision shall be drawn by the parties reflecting the necessary changes arising out of the agreed package and will be issued in due course.

R.J. Watling
COMMISSIONER

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