IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application, jointly made by the Amalgamated Metal Workers' Union on behalf of all employee organisations with an award interest in the Electrolytic Zinc Award and Pasminco Metals - EZ, is for the variation of that award to provide for a flow on of the State Wage Case Decision1 operative from the first full pay period to commence on or after 23 November 1989.

This matter comes before me consequential to a direction from the Full Bench in the above State Wage Case where at page 18 of its 9 November 1989 Supplementary Decision it said, inter alia:

"9. The Electrolytic Zinc Award3 and Mining (Lead-Zinc) Award4 are referred to the Commissioner concerned. They may or may not need to be considered as special cases."

To the extent that the Electrolytic Zinc Award is now requested to be varied in precisely the same terms as other awards of this jurisdiction have been in accordance with the above State Wage Case Decision, this is not a special case.

Mr Jefferies appearing for Pasminco Metals - EZ made comprehensive submissions on the significant initiatives agreed between the parties and which they considered properly satisfied the requirements of the Structural Efficiency Principle for the payment of the 3 per cent first instalment.

A document titled "Agreement for the Implementation of the First Instalment of the October 1989 State Wage Case" (the Agreement) (Exhibit J2) details agreed workplace changes and proposals for change.

Without doubt the agreed position between Pasminco Metals - EZ and Unions signatory to the implementation document is the most extensive array of efficiency measures put before the Commission, as currently constituted, in support of the 3 per cent first instalment structural efficiency increase.

In all, 18 specific agreed work practice changes have been identified for immediate implementation upon ratification of the Agreement by the Commission. Details of the work changes are appended to this decision as Attachment No. 1.

Additionally the Agreement addresses "Competency and Accreditation" of skills for individual employees. That is employees possessing skills which will facilitate the elimination of demarcations will be given recognition for those skills from the date that the demarcation is removed, the change is implemented and the skills can be genuinely utilised by the employer.

In that part of the Agreement outlining "Benefits Flowing from Changes" matters relating to greater flexibility and productivity are identified.

In my view the philosophy behind restructuring is encapsulated in that part of the Agreement.

There is an acknowledgement that employee skills traditionally not available to the Company either because of demarcations or non-possession of the necessary additional skills in the first place, will be addressed to:

(i) provide a wider range of skills for employees, yielding increased flexibility and productivity;

(ii) expand the number of skills available to provide an employee with the opportunity for further advancement through the classification structure.

The parties have made significant progress in their structural efficiency negotiations. An important outstanding issue to be resolved is the relevant "points" score to be allocated to respective employee skills ascertained from a jointly conducted Skills Audit. I encourage the parties to quickly resolve that particular matter.

This will facilitate Training and the formation of Skills Modules which are of course an integral part of maximising employee flexibility and employee rewards on the one hand and Company efficiency, enhanced competitiveness and productivity on the other.

The parties are totally cognisant of the foregoing and are to be congratulated in their endeavours to date.

In respect of Annexure A to the Agreement which relates to the lifting of restrictive practices surrounding the boilermaker /welder interface in the Plate Shop, I support the thrust of those negotiations.

Dealing with the application of the increases determined in the State Wage Case2 the only divergence here is in respect of the commencement point for the $15.00 a week increase. In this matter the commencement point is proposed to be $353.00 a week in lieu of $353.80 a week endorsed in the State Wage Case.

Having regard to the classification structure that is in place and which was endorsed by Mr Commissioner King, as he then was, in matter T.1659 of 1988, I have decided to endorse $353.00 as the threshold for the application of the $15.00 a week increase. To do otherwise would make a nonsense of a classification structure that has been in place since 1988 by virtue of the endorsement by the Commission of the EZ Risdon Restructuring Agreement.

The order operative from the first full pay period to commence on or after 23 November 1989 in respect of Clause 8 - Wage Rates, is attached.

The retrospective operative date is in recognition of the different approach adopted by the parties in dealing with the 3 per cent first instalment structural efficiency increase. I consider, given the significant measure of agreement on the implementation of actual change, that the operative date for the increase should be the same as for all other employees subject to public and private sector awards.

It is to be noted that as a consequence of the variation of the Wage Rates Clause of the award to incorporate the classification structure I have referred to, other consequential changes to definitions will be required to be made.

Accordingly I request the parties to prepare a draft order for my perusal and endorsement. That order, when issued by the Commission, will also operate from the commencement of the first full pay period to commence on or after 23 November 1989.

R.K. Gozzi
COMMISSIONER

AGREED WORK PRACTICE CHANGES

ATTACHMENT 1

1. SERVICES SECTION - LEACHING OPERATIONS

It is agreed that this demarcation will be dropped. The FIA will continue .to discuss the issue with the Company until the final terms and conditions are determined.

2. SERVICES SECTION - CELL ROOM OPERATORS

The current practice with respect to cathode repairs, is operating in an efficient manner with respect to the standard of cathode repairs.

Therefore, this demarcation issue does not warrant further attention.

3. OTHER NON-TRADES/OPERATOR INTERCHANGE

It is agreed that the operator/non-trades demarcation will be dropped. However, the following procedure will be adopted:

• Where experienced operators have been reclassified to general servicepersons, they could be made available for coverage of an operating position.
• The general servicepersons would only be engaged in an operating position for which they were qualified, within their division.
• The first choice of utilising these servicepersons would be firstly confined to the Division then, if no-one was available, it could be extended to other Divisions.
• The procedure for achieving this interchange would be premised by offering the work to Divisional operators first. If this was unsuccessful, then it could be offered to other non-trades personnel.

4. ALL NON-TRADESPERSONS TO OFFSIDE FOR TRADESPERSONS

It is agreed that Non-Tradespeople can assist tradesmen. This situation will be dependent on the individual capability of the employee.

This flexibility could be achieved by utilising operators within the Division concerned, who have knowledge of the operation. Firstly, the non-tradesperson in the area should be approached. Should he be unavailable, then an operator in the area could be approached. Then, if need be, a non-tradesperson from another area could be approached.

Note with respect to 3 and 4

The Company undertakes to release predicted three year employee levels in September of every year. In this way employees will be kept informed of numbers forecast for three years in advance.

5. FLEXIBILITY WITH RESPECT TO SLINGING AND LIFTING

It is agreed that personnel other than riggers will perform basic slinging and lifting tasks.

The Performance, Conditions, and Standards for this activity will be decided after consultation with the Riggers Locker.

6. NON-TRADESPERSONS USING HAND TOOLS

In Casting Division, mould dressing is usually carried out with an air driven drill, electric drills are used as a last resort. The mechanical tradesmen, management and operators will meet to determine the scope of any workplace change.

7. FLEXIBILITY WITH RESPECT TO LIGHT VEHICLES

a. It is agreed that investigations and discussions will take place, beginning as soon as possible, to determine vehicular requirements of each Division.

b. The issue of finished goods being collected after hours will be included in these investigations.

c. Transportation of equipment/stores and materials within Division will also form part of this investigation.

Where agreed, operating division will transport equipment or stores within a division, even where such movement involves travelling from various entrances to other entrances an any roads.

8. TRANSPORTATION OF CATHODE ZINC

It is agreed that on those rare occasions when Casting Division cannot cope with the cathode zinc produced, the Electrolytic Division, Casting Division and General Transport will transport these cathodes to remote storage areas, and return the cathode zinc when conditions change.

Similarly, excessive cathode zinc scrap should be handled by Electrolytic Division, Casting and General Transport.

9. CHANGING LIGHT GLOBES ETC.

It is agreed that any competent employee will change light globes that are connected to extension leads.

The Electrical Department will be consulted as to the establishment of a suitable training programme.

10. ELECTRICIANS TO WELD WITHIN LIMITS OF THE TRAINING

It is agreed that an electrician will be able to weld within the limits of the electrical trade training syllabus.

11. TRADESMEN TO OPERATE LATHES IN FIELD WORKSHOPS

It is agreed that lathes are to be installed in mechanical maintenance field workshops.

The parties will discuss and agree upon the size and types of lathes to be installed in these workshops and also the types of work to be performed on these lathes. Parties to include workshops involved and the machine shop.

12. SHOP TRADESMEN - FIELD SKILLS

It is agreed the parties will discuss the use of field skills in the mechanical workshops.

13. ANY PERSON TO PAINT

It is agreed that any person can perform minor painting jobs.

The limitations will be agreed with the Painters Shop.

14. BOILERMAKER/WELDER DEMARCATION - PLATE SHOP

It is agreed that the parties will discuss the demarcation problem as outlined in annexure A with a view to this being dropped.

15. LAGGING/CLADDING OF PIPES - REFRACTORY WORK

At present, two gangs are involved with the lagging and cladding of pipes, these being the leadburners/sheetmetal workers, and bricklayers.

Either gang should have total control of the job, depending on availability. This is an opportunity for both groups to share a variety of new skills.

It is agreed that the performance of these tasks will be equally allotted to the two groups in order that they remain competent, and are both subject to accreditation of these skills.

16. AMMONIA JUMBO GAS BOTTLES

It is agreed that operators can change jumbo gas bottles provided a set spanner is made up and chained to handrail.

17. PACKAGE BOILERS GAS BOTTLES

It is agreed that operators can change Boilers Gas Bottles provided a set spanner is made up and chained to handrail.

18. BATTERY CHANGES

S.E.S. personnel to change batteries in fire truck or ambulance in emergency situation.

1 T.2146, T.2147, T.2152 and T.2167 of 1989
2 Ibid