TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Australasian Society of Engineers,
Tasmanian Branch
(T.2425 of 1990)

Federated Clerks Union of Australia,
Tasmanian Branch
(T.2529 of 1990)

Transport Workers' Union of Australia,
Tasmanian Branch
(T.3458 of 1991)

Metals and Engineering Workers' Union
(T.3459 of 1991)

AUTOMOTIVE INDUSTRIES AWARD

Wage rates - State Wage November 1989 - Structural Efficiency Principle - second stage

REASONS FOR DECISION

All these applications, which were eventually joined for hearing, were for the second Structural Efficiency Principle (SEP) 3% increase to be applied to the Automotive Industries Award (the Award).

Ultimately there were quite a number of matters agreed between the parties, but there were also some not agreed. This situation apparently followed a number of periods of negotiation at which it had been very difficult to get agreement between all parties.

The unions produced an exhibit which contained award amendment items they considered appropriate and sufficient for the granting of the increase.

The Tasmanian Confederation of Industries (the Confederation) confirmed the agreed items as follows:

• The time of taking annual leave was to be specified in more detail in the Award.

• A subclause requiring "consultative procedures" was to be inserted in the structural efficiency clause of the Award.

• An "enterprise flexibility" clause was to be inserted in the Award including provisions for enterprise agreements to be made subject to reference to the Commission.

• A provision in the contract of employment clause whereby "an employer may direct an employee to carry out" certain duties.

• The addition of the word "wilful" to the proviso in the Damage to Clothing and Tools clause whereby the employer is exempted from liability when such items "are damaged or destroyed through an employee's own (wilful) negligence or misuse."

• The addition of the words "Red Cross or" before the words "St Johns" in the First Aid clause.

• The insertion of a new clause facilitating the employment of adult apprentices.

• The insertion of a new clause providing for the suspension of an employee in the event of misconduct.

• The insertion of a training clause.

• The removal from the Award of the 38 hour week phasing-in requirements.

• The insertion of a traineeships provision for sales assistants.

Having confirmed the agreed items the Confederation went on to explain reasons why some items in the Unions' exhibit were not acceptable. In this context the Confederation had the green to itself, as it were, in that the unions had not identified the matters disagreed nor had they sought to explain why their proposals as to those disagreed matters should be preferred.

I will deal specifically with the disagreed parts only and make no reference to those parts of the disagreed items which were agreed.

1.  Hours - (Conditions - Divisions A, B and G)

The Confederation sought the addition of a proviso paragraph in subclause (e) in the following terms:

"Provided further that work done prior to the spread of hours fixed in accordance with this subclause for which overtime rates are payable shall be deemed for the purpose of this subclause to be part of the ordinary hours of work."

I accept the Confederation's submissions: this is not an unprecedented provision (for example it is to be found in the (Federal) Metal Industry Award 1984) and in any case its application or otherwise will still be subject to agreement between the parties. I believe it is well within the scope and intention of the current Principles; this paragraph will be added to the rest of the Hours of Work clause already agreed.

2. Hours (Conditions - Divisions C and D)

The spread of hours presently prescribed for employees covered by Divisions C and D is between 7.00 am and 6.00 pm. The Confederation sought to change the spread to between 6.00 am and 6.00 pm on the basis that such was consistent with the other Divisions of the Award.

Again, I accept the Confederation's submissions: this is not an unprecedented prescription and I believe consistency between the Award Divisions is desirable subject to any serious objections. No reasonable objections were raised at the hearing.

Divisions C and D will be varied to provide a spread of hours between 6.00 am and 6.00 pm.

3. Holidays with Pay (Conditions - All Divisions)

The Confederation sought the addition of a new subclause as follows:

"By agreement between an employer and the majority of employees in a workplace or section or sections thereof another day may be substituted for any of the holidays prescribed in subclause (a) of this clause.

Further, an employer and an employee may agree to substitute any of the holidays prescribed in subclause (a) of this clause for another day."

In all cases such substituted days shall be treated as a public holiday for all purposes of this Award."

Again, I accept the Confederation's submissions: this also is not an unprecedented prescription, although it does have wider effect than the equivalent prescriptions in both the (Federal) Metal Industry Award 1984 and the (Federal) Vehicle Industry - Repair, Services and Retail Award 1980.

The Award will be varied in the manner sought by the Confederation so as to apply to all Divisions.

I believe these three proposals by the Confederation are well within the meaning and the spirit of the on-going implementation of the SEP. They will provide much greater flexibility in everyday operations.

I am satisfied that the parties to the Award have cooperated positively in a fundamental review of the Award and are implementing measures to improve the efficiency of industry.

The Award will be amended in the manner agreed and additionally in the manner I have decided for those items not agreed.

The operative date of all these amendments will be the first full pay period commencing on or after 29 October 1991.

An order will issue in due course.

P A Imlach
COMMISSIONER

Appearances
S Pavlic for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
D Adams for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
H Dowd for the Federated Clerks Union of Australia, Tasmanian Branch.
D Holden for the Vehicle Builders Employees Federation of Australia, Victorian Branch.
B Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
P Baker for the Metals and Engineering Workers' Union.
P Griffin for the Shop Distributive and Allied Employees' Association - Tasmanian Branch.
T Edwards for the Tasmanian Confederation of Industries and the Metal Industries Association Tasmania.

Date and place of hearing:
1991.
Hobart:
September 26.