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T582

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.582 of 1986

IN THE MATTER OF AN APPLICATION BY THE AUSTRALASIAN SOCIETY OF ENGINEERS TO VARY THE OPTICAL INDUSTRIES AWARD

   
 

RE: WAGE RATES AND DEFINITIONS

   

COMMISSIONER J.G. KING

HOBART, 1 August 1988

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Australasian Society of Engineers Tasmanian Branch

- Mr. J. Forster

   

For the Tasmanian Confederation of Industries

- Mr. W. Fitzgerald
  Mr K Brotherson

   

DATE AND PLACE OF HEARING:

 

17 February 1987 Hobart
16 March 1987 Hobart (including inspections)
13 August 1987 Hobart
13 July 1988 Hobart

 

This application seeks to vary the Optical Industries Award (the Award) as follows:

"Vary Part I - Wage Rates - Clause 2 - Margins

(a)   Adults

By deleting: (iii) Optical Worker and wage rate

And inserting: (iii) (a) Optical Worker $233.90 p.w.

(b)    Optical Worker Senior $286.20 p.w.

Vary Part II - Conditions - Clause 27 - Definitions -

By inserting:

Optical Worker Senior, means an adult employee whose duties include material selection, material ordering and computer calculations."

The application was lodged with the Registrar on 25 November 1986, but to suit the convenience of the parties was not listed for hearing until 17 February 1987. I was advised on that day that agreement had been reached between the applicant and Tasmanian Optical Company Pty Ltd on an appropriate variation to the Award.

However, I had been contacted the same day by another employer bound by the Award who was opposed to the application.

Proceedings were adjourned to allow discussions to take place to see if total agreement could be reached.

This process took many months during which further proceedings and inspections at the Tasmanian Optical Company took place.

On 4 July 1988, the Registrar received the following communication:

"The Registrar
Tasmanian Industrial Commission
GPO Box 1108 L
HOBART 7001

Dear Sir

Optical Industries Award

We refer to the matter placed before the Commission for hearing on 3 August 1987, regarding the inclusion of a new classification as follows:

'(b) Optical Worker Senior - $296.20

Optical Worker Senior means an adult employee whose duties will include the interpretation and selection of grind materials, ordering of grind materials and prescription computer calculations.'

We understand that previously another Company, namely Peter Healy Agencies had an objection to this matter. We wish to advise the Commission that Tasmanian Optical Co Pty Ltd has purchased the manufacturing/workshop operation of Peter Healy Agencies effective from 1 July 1988. Accordingly, any objection by them to this matter would lapse.

We await your advice on this matter.

Yours faithfully
Ian Parker
State Manager"

On 13 July 1988, I was advised by the Tasmanian Confederation of Industries, that there was no objection to the Award being varied as outlined in the letter detailed above.

Having had the benefit of inspections in the workplace and submissions going to the merit, I am prepared to endorse the agreement of the parties. I accept Principle 12 as the appropriate principle under which this claim can be processed. While it could be said that the claim runs into difficulty with the second tier ceiling, I have accepted the submission of the ASE that in fact the work involved falls within the lesser functions of the Tradesman's role.

Therefore, rather than this new classification being an upgrading of an existing non trades position, it is in fact a recognition that the consistent performance of some of the lesser functions of a tradesman does not necessarily justify the payment of the Tradesmans rate.

The Award  Correction Order  will be varied from the first pay period commencing on or after 1 August 1988.

 

J.G. King
COMMISSIONER