T1649, T1648 and T1650
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
These applications, made by The Plumbers & Gasfitters Employees' Union of Australia, Tasmanian Branch, sought to vary the Plumbers Award in the following manner: (a) Increase certain expense related allowances; (b) Increase 'Special Rates' arising out of the State Wage Case decision (T1524, 1525, 1549 & 1550 of 1988); and (c) Increase the wages rates for Weekly Hire Employees pursuant to the Restructuring and Efficiency Principle. The applications made were supported in their entirety by Mr. Edwards representing the Tasmanian Confederation of Industries and The Master Builders' Association of Tasmania, including the operative date of the first full pay period to commence on or after 16 November 1988. Expense Related Allowances The expense related allowances in this award were last varied arising out of application T395 of 1986 and effective from the first full pay period to commence on or after 19 December 1985. That variation encompassed increases in the Consumer Price Index up to the September 1985. The current application seeks to apply three increases awarded in expense related allowances in the Plumbing Trades (Southern States) Construction Agreement since that time and which have flowed by consent to the Plumbers in Division B of the Building Trades Award. The allowances to be varied, and the figures used to support the application to determine the quantum of increase are as follows: · Wage Rates - Tool Allowance and Tools and Tool Allowance · Allowance For Distant Jobs - Entitlement · Allowance For Distant Jobs - Travelling Expenses - Forward Journey (meal allowance) and Meal Allowance · Allowance For Distant Jobs - Return Journey and Weekend Return Home · Allowance For Distant Jobs - Construction Camps - Camping Allowance These figures in the Building Trades and Plumbers Awards have traditionally moved after the 'Camping Allowance' prescribed in the Australian Workers' Union Construction and Maintenance (Consolidated) Award 1987 has been varied by the Australian Conciliation and Arbitration Commission. · Fares and Travelling Allowances The increases sought in this part of the application conform with the requirements of the Wage Fixing Principles and will be varied in the manner sought. Special Rates On 5 September 1988, a Full Bench of this Commission in handing down the State Wage Case decision, granted increases in all wage rates; leading hands' rates; shift allowances (where expressed in money terms) and the minimum wage. As a result of that decision, it was left to individual Commissioners to process the necessary award variations. As 'Special Rates' were not specifically addressed in the State Wage Case decision, Mr. Hevey, representing The Plumbers & Gasfitters Employees' Union of Australia, Tasmanian Branch, made application to vary the said rates by 3% as they had traditionally moved when the State Wage Case decision granted percentage increases. This part of the application was supported by Mr. Edwards, representing the TCI and MBA. The Wage Fixing Principles envisage these types of allowances being increased as it states, in part, in the 'Allowances' Principle the following: "(a) Existing Allowances (i).. (ii) Existing allowances which relate to work or conditions which have not changed may be adjusted from time to time to reflect State wage increases, except where a flat money amount has been awarded, provided that shift allowances expressed in awards as money amounts may be adjusted for flat money amount State wage increases." I am satisfied that these 'Special Rates', like those contained in the Building Trades Award, have a history of moving when percentage increases are granted arising out of State Wage Case decisions. It is not my intention to depart from that practice on this occasion. Therefore, 'Special Rates' will be varied in the manner sought by the parties and I decide accordingly. 4% Second Tier Increase The application sought to increase wage rates for Weekly Hire Employees contained in Division B of the award by 4% pursuant to the Restructuring and Efficiency Principle. The negotiated offsets agreed to by the parties are as follows: 1. Efficiency agreements negotiated within the industry or at the work site which affect the majority of employees employed in the industry or at the work site shall apply to employees employed under the terms and conditions of Division B of this award. 2. A flexibile approach to rostered days off. 3. Provision to enable payment of wages by electronic funds transfer. 4. Procedures designed to eliminate waste and "double-dipping" in respect to safety equipment and clothing. 5. Supervisors permitted to carry out "hands on" work in certain circumstances. 6. Procedures to resolve demarcation issues without losing production time. 7. Strict observance of starting, finishing and wash-up times and removal of current abuses. These offsets are identical to those presented for Weekly Hire Employees employed under the terms of the Building Trades Award which were endorsed by this Commission. Mr. Edwards, representing the TCI and the MBA, maintained that whilst it was difficult to put a precise value on the offsets, nevertheless, it was his opinion that they were of a sufficient nature to warrant the increases sought. Mr. Edwards also brought to the Commission's attention that, under the agreement, not all classifications would receive a full 4% increase. The application receives my support as it conforms with the Wage Fixing Principles and the award will be varied in the manner sought by the parties. Orders The parties indicated to the Commission that if the applications were successful, they were prepared to draft the orders for my perusal. I now leave it to the parties to carry out that function. Operative Date The parties agreed that the operative date should be from the first full pay period to commence on or after 16 November 1988. This is granted and should form part of the orders being provided by the parties. Order
R.J. Watling
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