T2528 and T2606
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
At the commencement of the hearing on this matter, Mr. Abey informed the Commission that the agreement between the Federated Liquor and Allied Industries Employees' Union (FLAIEU) and the Tasmanian Confederation of Industries (TCI) sought to do three things:
Mr. Abey outlined the structural efficiency agreement provisions which, in order of appearance in the award, are:
It was noted that the parties were continuing negotiations on a new classification structure for the award and would be in a position to report progress in September. As to the incorporation of the 4% second tier adjustments in the award, Mr. Abey informed the Commission that one of the three principle companies subject to this award had its second tier negotiations ratified and registered in this Commission on 25 November 1987. The other two companies reached their second tier agreements on an enterprise basis but their agreements had not been registered in the Commission. A similar position existed in relation to the 38-hour week, even though the 38-hour week, as Mr. Abey put it, "has been in place in the field for at least 6 years."2 Documentation of circumstances prevailing at Cascade and Coca Cola was provided to the Commission to substantiate their positions. Mr. Abey submitted that the structural efficiency package provided "every realistic variation to the award to make it more flexible and (that it was) consistent with the structural efficiency principle."3 Mr. Gard supported the agreed package and confirmed the agreement on operative date. After expressing concern that the FCU had not been included in the negotiations, Mr. Fry obtained an assurance from the employers that he would be advised in future when meetings are to be held. Following a brief private conference Mr. Fry indicated that he accepted the proposition outlined by Mr. Abey and requested the Commission to vary rates of pay for clerks in accordance with the structural efficiency principle. CONSIDERATION OF THE ISSUES Whilst I recognise the parties' wishes to conduct their affairs through the medium of enterprise agreements, I consider that the parties have a responsibility to ensure that an award, such as this, should not become so far out of date in respect to such significant factors as rates of pay and hours of work. However, I accept Mr. Abey's reasons why that has occurred and I also accept his argument that the award should now be varied to reflect current rates and standards. I trust that the parties will ensure that the award is kept up to date in the future. The arrangements in respect of the second tier agreement and the 38-hour week are accepted, as is the proposed structural efficiency package which satisfies the Wage Fixing Principles of this Commission, and the award will be varied accordingly with effect from the agreed operative date of the first full pay period commencing on or after 18 July 1990. The order and correction order varying the award is attached to this decision.
F.D.Westwood 1 T.2401 of 1990, decision 29.6.90 |