T2012, T3564 and T3565
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Australian Workers Union
FISH, AQUACULTURE AND MARINE PRODUCTS AWARD
New award - Wage rates - Conditions of work - Structural Efficiency Principle - First Minimum Rates Adjustment - Labour on costs - 3% occupational superannuation - State Wage Case August 1991 - Wage rates and allowances - increase b 2.5% - deletion of all references to fish and marine products, clerical and sales assistants classifications in Poultry, Game and Marine Products Award - applications granted - operative from F.F.P.P. 15 November 1991
REASONS FOR DECISION
The structural efficiency programme for the Poultry, Game and Marine Products Award is, in part, as follows;
On 30 August 1991 the Shellfish Industry Award1 was made and the Australian Workers' Union, Tasmania Branch (AWU) and the Tasmanian Confederation of Industries (TCI) were granted an interest in it on the 25 September 19912.
The parties have yet to complete their submissions on the content of that award.
On 21 June 1991 the Commission also established the Fish, Aquaculture and Marine Products Award arising out of application T.2012 of 1989. The Food Preservers Union of Australia, (Tasmanian Branch) (FPU)3 and the AWU4 and TCI were granted an interest in this award on 7 September 1990.
These applications being the subject of this decision are for the purpose of -
In relation to (a) the parties presented an agreed position on all matters to be contained in the Fish, Aquaculture and Marine Products Award. They included:
Wage Rates - Division A and Division B
Conditions of Employment:
The Commission was informed that the parties, when developing the levels, relativities and classifications contained in Clause 8 - Wage Rates, had particular regard to the Wage Fixing Principles. This also applied to the other clauses in the draft new award.
I am satisfied that the contents of the Fish, Aquaculture and Marine Products Award should be the same as that presented by the parties in Exhibit AWU8 and I decide accordingly.
In doing so I note that the wage rates contained therein include the first minimum rates adjustment and in all other respects it reflects the requirement of the Wage Fixing Principles and does not violate the public interest requirement of the Act.
Before I close application T.2012 of 1989 the Commission will be required to deal with three outstanding matters. They are:
These matters will be listed for hearing on 22 January, 1992.
I now wish to turn to the second matter before me re the 2.5% increase arising out of the State Wage Case of 13 August, 1991 (T.3564 of 1991).
Once again the parties presented an agreed position on this application.
Mr Cooper for the AWU took the Commission to the Structural Efficiency Principle identifying where the parties had complied with subclauses (a) to (g) contained in that Principle.
From the submissions presented by the parties I have been satisfied that the 2.5% increase should be granted to this award as the parties have met all the requirements of the Wage Fixing Principles and I decide accordingly.
As a result of granting application T.2012 of 1989 consequential amendments are required to be made to the Poultry, Game and Marine Products Award. If this is not undertaken then conflicting provisions will exist between that award and employers now falling within the Scope of the new Fish, Aquaculture and Marine Products Award.
This issue is the third part of this decision and deals with application T.3565 of 1991.
I endorse the submissions presented by the parties to vary the Title and Scope of the Poultry, Game and Marine Products Award in such a way as to delete any reference to producers, processors or merchants of marine products as well as all other clauses containing such a reference.
The outcome of not granting this application would be to create total confusion as neither employers nor employees in fish, aquaculture and marine products industries would know which award would be applicable, therefore, the parties request is granted.
Some time ago during earlier hearings of the Commission, it was foreshadowed that the classification of clerks and employees engaged in the selling of fish, game and poultry be deleted from the Poultry, Game and Marine Products Award as part of the structural efficiency programme. This application also goes to that issue.
I endorse the agreed position of the parties on this aspect of the application and as a result clerks and employees engaged in the selling of fish, game and poultry will be covered by the Clerical and Administrative Employees Award and the Retail Trades Award respectively and I decide accordingly.
The operative date of all the issues being the subject of these hearings will be the first full pay period on or after 15 November 1991.
The orders [correction order] giving effect to these decisions are attached and I take this opportunity to remind the parties that the second minimum rates adjustment will not be automatic and will require a separate application.
R J Watling
Date and place of hearing: