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T2373 and T2374

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Meat and Allied Trades' Federation of Australia
(Tasmanian Division)

(T.2373 and T.2374 of 1990)

ABATTOIRS AWARD
MEAT TRADES AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 8 May 1991

Structural Efficiency Principle - second stage

REASONS FOR DECISION

These applications by the Meat and Allied Trades Federation of Australia (Tasmanian Division) (MATFA) sought the variation of the Meat Trades Award (T.2374 of 1990) and the Abattoirs Award (T.2373 of 1990) in respect of the second structural efficiency adjustment.

Prior to those applications being filed with the Commission, the parties were involved in Monitoring Proceedings1 where Mr Edwards appearing on behalf of the Tasmanian Confederation of Industries (TCI) and MATFA indicated the intention of employers subject to the awards to pursue significant negotiations on structural efficiency measures. Accordingly when these current applications came before the Commission as constituted in this matter, significant "Draft Agendas" were appended to them.

It is indeed unfortunate that The Australasian Meat Industry Employees Union, Tasmanian Branch, (AMIEU) adopted such a negative approach to entering into any meaningful negotiations on the "Draft Agendas". In the light of the refusal of the AMIEU to be involved in anything constructive concerning these applications it is noteworthy that it did not seek to submit any alternative proposals at that time. It was indeed disappointing to say the least, that the AMIEU could seriously contend that it "didn't even read" (transcript p.2) the proposals for discussion put forward by MATFA. Instead deliberate action was taken by the AMIEU to prevent negotiations taking place. It opted to circulate the "Draft Agendas" in the field with the hope that its membership would react unfavourably.

This happened and that was the end of any worthwhile progress being made in these matters for nearly twelve months. For the record I have attached the "Draft Agendas" in question to this decision as Appendices 1 and 2.

Whilst I pass no judgement on any one particular item on the respective agendas, I can indicate that in my opinion the matters identified were appropriately raised in those documents for discussion between the parties.

Given the lack of progress, in fact the lack of anything, in these matters it came as no surprise to the Commission that the applicant sought leave to withdraw the applications so that the Commission could focus on the applications (T.2973 and T.2974 of 1991) filed by the AMIEU in February this year.

Those AMIEU applications sought the second structural efficiency adjustment primarily on the basis of qualified commitment to the outcome of the Federal meat industry inquiry and time off in lieu provisions. My decision in that matter is still to issue but I can indicate here that the comments I made on transcript in those proceedings will be confirmed. That is, on the material presented to the Commission, I was not satisfied that the awarding of the increases sought could be sustained having regard to the requirements of the Structural Efficiency Wage Fixing Principle. As it stands those matters are adjourned sine die.

With regard to this instant case, given that the parties have made precious little progress, leave to withdraw these applications is granted.

 

R.K. Gozzi
COMMISSION

Appearances:
Mr T. Edwards with Mr M. Flynn (9.5.90, 29.6.90 and 30.4.91), Mr S. Clues (9.8.90), Mr G. Carnie (9.8.90 and 30.4.91), Mr O. Jak (30.4.91) and Mr J. Kelly (30.4.91) for the Meat and Allied Trades' Federation of Australia (Tasmanian Division) and the Tasmanian Confederation of Industries.
Mr J. Swallow and Mr P. Jenkins (30.4.91) for The Australasian Meat Industry Employees Union, Tasmanian Branch.
Mr B. Hansch (9.5.90) and Mr G. Warn (29.6.90) for the Transport Workers' Union of Australia, Tasmanian Branch.
Mr A. Grubb for the Federated Clerks Union of Australia, Tasmanian Branch.
Mr M. Clifford for The Building Workers' Industrial Union of Australia (Tasmanian Branch).
Miss S. Pavlic for the Australasian Society of Engineers, Tasmanian Branch.

Date and Place of Hearing:
1990
Hobart
May 9
June 28
August 9
1991
Hobart
April 30

1  TP.19 and TP.20 of 1990 (Refer also decision dated 6 May 1991)