T2779, T2780 and T2781
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Amalgamated Metal Workers' Union Electrical Trades Union of Australia The Minister Administering the Tasmanian State Service Act 1984 TASMANIAN GOVERNMENT DEPARTMENTS (MECHANICAL & ELECTRICAL)
Making of a new award REASONS FOR DECISION In my decision of 3 October 1990, arising out of applications T.2645, 2661 and 2662 of 1990 to vary the Electrical/Electronics Trades (Public Sector) Award and the Metal Trades (State Employees) Award to include the second stage of the Structural Efficiency Principle, I was informed that, "A. By 23 November 1990 a skills audit would be completed. This audit would be on all skills held by current employees falling within the scope of the awards in question, thus enabling career paths to be developed along with training and skills acquisition programs. B. Prior to 20 December 1990 parties will: (a) Make application to the Commission for the making of a new award which will be an amalgam of the two awards subject to these applications. (b) Report progress on a series of meetings outlined in Exhibit AMWU1. C. In January 1991 after the establishment of the new award the intention of the parties is to insert in that award a classification structure similar to the one contained in the Federal Metal Industries Award. D. By the end of February 1991 all employees will be translated to the new career path classifications. I was also informed that it was the parties intention to continue with the existing award in terms of conditions of employment until 30 June 1991." These three applications, made by the Amalgamated Metal Workers Union, Electrical Trades Union and the Minister Administering the Tasmanian State Service Act, seek to make a new award titled the Tasmanian Government Departments (Mechanical & Electrical ) Engineering Award. This is in conformity with the previously outlined programme. The proposed Scope of the new award is as follows: This award is established in respect of mechanical and electrical/electronic engineering work (as defined) performed by State Employees (as defined) employed in Government Departments (as defined) for whom classifications are prescribed in Clause 8 - Wage Rates of this award. (Exhibit P2) The applicants presented an agreed position on the Scope which clearly highlighted: (a) the work to be covered (b) the persons performing the work (c) where the work is performed The definitions for "mechanical and electrical/electronic engineering work"; "State Employees"; and "Government Departments" were presented in the following form:- "Mechanical and Electrical/Electronic engineering work" is work performed by State Employees (as defined), for whom:
"State Employee" means an employee appointed under Section 38 of the Tasmanian State Service Act who performs mechanical and/or electrical/electronic engineering work (as defined) and being an employee for whom there is in force an order-in-council pursuant to Section 3 (5) of the Tasmanian State Service Act. (Exhibit P4) "Government Department" means a Department established by or under the Tasmanian State Service Act 1984 and includes an Agency but does not include a "State Authority". (Exhibit P5) It was put to me during the course of the hearing that it was the intention of the parties to place all employees, currently falling within the scope of the Electrical/Electronic Trades (Public Sector) Award and the Metal Trades (State Employees) Award, under a single award, which, it was stated would eventually lead to the repeal of previously mentioned awards after the proposed new award was finalised in it's entirety. The parties also indicated that they had not formulated a position in respect of Foremen employed by the Department of Construction and employees of the Traffic Signal Engineering Section of the Roads and Transport Department and these questions were to be the subject of further discussions. After considering the submissions, I am satisfied that it is desirable to establish a single award for mechanical and electrical/electronic engineering employees. I note also that the making of the new award is an integral part of the Structural Efficiency discussions taking place in this area of employment within of the State Service. Given the foregoing, I hereby determine that a new award be created, the title of which shall be the Tasmanian Government Departments (Mechanial & Electrical) Engineering Award with the Scope agreed to by the parties and outlined in Exhibit P2. The Order giving effect to this decision is attached with an operative date on and from 12 December, 1990. Having decided to establish this new award, it would now be open to any registered organisation to seek an interest in the award in accordance with the provisions of the Industrial Relations Act 1984. After the completion of that exercise, the Commission will continue to hear submissions on the content of the award.
R. J. Watling Appearances: Date and Place of Hearing: |