IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

These two applications were variations to the Quarrymens Award (the Award) lodged respectively by the Federated Clerks Union of Australia, Tasmanian Branch (the FCU) and The Australian Workers' Union, Tasmanian Branch (the AWU). The applications were for the implementation of the second Structural Efficiency Principle increase.

At the hearing, apart from one or two minor matters which were eventually resolved, the parties indicated that agreement had been reached. Mr T Abey, appearing for the Tasmanian Confederation of Industries (the TCI) outlined the details of the agreement with the aid of an exhibit.1

Mr Abey stated that the present award classification structure was not intended to be "restructured" at this stage, but the parties would be negotiating in the near future and expected to return soon with a new improved structure for ratification. There was some change to the classification structure however, notably the trades classifications being all the same rate, were expressed under one name. Mr Abey indicated also that, when the parties returned with a completely changed classification structure proposal, the training requirement would be catered for.

In line with the second Structural Efficiency Principle increase the wage rates specified in the exhibit reflected either a $12.50 or a $15.00 per week increase depending on the classification concerned, in particular tradesmen and those classified above received a $15.00 per week increase.

The following restructuring matters to be implemented, amongst others, were noted by Mr Abey whilst he was speaking to the exhibit:

· The provision of extended daily ordinary hours allowed for the introduction of 12 hour shifts.

· Flexibility in work commencement times was provided for.

· Weighbridge attendants were to be given a paid crib break, counted as time worked.

· Time off in lieu of overtime, equivalent to the relevant penalty was made available.

· Sick leave was to be accrued on a pro-rata basis during the first three months of employment.

· An Enterprise Agreement provision, the same as that recently endorsed by the Commission for the Retail Trades Award was introduced.

The following matters, whilst not at present award items were also agreed:

· The classification structure review based on generic definitions and training to be completed in approximately six months.

· When Structural Efficiency training was introduced the Mixed Functions clause would not apply in the circumstances.

· Guidelines as to reasonable overtime were outlined.

Mr D Fry, who appeared for the FCU confirmed his union's agreement to the proposals on the basis that Division B would be deleted from the Award and in future any clerks would be covered by the Clerks General Award. He said there were few if any clerks employed in this area anyway.

Mr V Jacobs who appeared for the AWU also supported the applications and endorsed the agreement between the parties. He confirmed that the operative date sought was the first full pay period commencing on or after 23 July 1990 which was also agreed between the parties.

I am satisfied that the agreement between the parties in these matters has met the requirements and the spirit of the Structural Efficiency Principle even though the areas of classification structures and training are to be investigated and changed in the future, however, a time limit has been set and the parties are already aware of major changes to be introduced. In this latter context, even though it was not raised at the hearing, I take the opportunity to remind the parties of some relevant words in the Principle namely "The measures to be considered should include, but, not be limited to:. .including properly fixed minimum rates for classifications in awards, related appropriately to one another, with any amounts in excess of those properly fixed minimum rates being expressed as supplementary payments."

I expect that the FCU will return in due course with appropriate applications reflecting the adjustments necessary to the Award after the deletion of Division B.

The Structural Efficiency agreement is therefore endorsed, all wage rates in the Award will be increased by $12.50 or $15.00 in line with the State Wage decision as in the agreement and all work-related allowances will be increased by 3%.

An order, reflecting the agreed operative date of the first full pay period commencing on or after 23 July 1990, is attached.

P A Imlach
COMMISSIONER

1 Exhibit A1