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T2486 - 23 April

 

TASMANIAN INDUSTRIAL COMMISSION

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

Pasminco Mining-Rosebery
(T.2486 of 1990)

PASMINCO ROSEBERY (MINING) AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 23 April 1991

Structural Efficiency Principle - monitoring

REASONS FOR FURTHER DECISION [Previous Decision 22 March 1991]

The Pasminco Rosebery (Mining) Award was made operative from 8 August 1990 consequential to the conclusion of structural efficiency proceedings for the second instalment adjustment.

Since that time the Commission has conducted monitoring hearings to receive reports and updates from the parties on the progress made with the implementation of the initiatives endorsed by the Commission in its decision of 8 August 1990.

It was recognised by the parties at the start that implementation of the structural efficiencies would be the more difficult part of the overall process. In that context there have been a number of matters with regard to the performance of shared functions which has required clarification as to what was intended. Also some misunderstandings have arisen on the use of contractors, specifically in respect of the frequency of consultative meetings and the nature of the work to be performed by supplementary labour.

Those issues have been addressed by the Commission in the meetings held on site at Rosebery. Essentially the Commission has emphasised the obligation of the parties to adhere to the spirit and intent of the supplementary labour arrangements entered into. Particularly the parties are encouraged to conduct routine communication meetings as indicated in Appendix 3 of Exhibit S1 in matters T.2486 and T.2487 of 1990.

Pasminco is to be commended on the rapid progress made in providing training for employees. A highly trained and skilful workforce will enable the most significant efficiency gains in the long term. However to realise those efficiencies, once skills have been acquired, employees must be prepared to work within the entire scope of the tasks comprehended in the classification that they hold. Obviously the reduction in classifications from 111 to 5 will be meaningless unless the very much greater work flexibilities in that reduced structure are realised.

At the most recent monitoring conference at Rosebery, which was held at the request of the parties, clarification was sought on how the successful completion of one module of training would impact on the all purpose rate of pay. The matter was somewhat involved given previous historic arrangements whereby the Post Trade allowance was paid for all purposes.

In order to overcome that circumstance and not to proliferate allowances in the new award as this would be totally counterproductive to the structural efficiency principle, I endorse the following proposal of the parties:

1. On completion of the first training module a 3 per cent payment be made for all purposes for tradespersons, except those who were previously paid a Post Trade allowance.

2. For those tradespersons who were previously paid a Post Trade allowance of $17.50 a week they will continue to receive that payment, which is not to be adjusted for any reason, until such time as the all purpose module payment catches up.

3. Base rates in the award will be adjusted in accordance with State Wage Case decisions.

4. In respect to Supplementary payments the parties indicated their intention for variation to be pursued on the basis of separate application to the Commission consequent to a State Wage Case decision. The reason for this is that the supplementary payment component in the award is a reflection of the historic overaward payment made.

In the normal course of events over awards would be subject to minimum rates adjustment with those that are paying over awards able to absorb that component in the base rate. In this instant case this has not been able to be done given the absence of appropriate industry comparisons with respect of rates of pay.

I consider that this issue should be further addressed by the parties ahead of the next State Wage Case.

5. The module payments made will be on the base rate for all hours worked.

As I have indicated to the parties it is my intention to now close this file. The matters subject to the original application have been completed. Issues which have been identified in the monitoring hearings and indeed in this decision may be further progressed as necessary by application to the Commission.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr K.P. Gadd and Mr B. Best or The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch.
Mr G. Bower and Mr K. Becker for the Electrical Trades Union of Australia, Tasmanian Branch.
Mr T. Harding and Mr P. Jordan for The Amalgamated Metal Workers' Union.
Mr R. Murphy, Mr P. Martin, Mr K. Barr, Mr D. Skinner and Mr R. Evetts for Pasminco Mining Rosebery.
Mr L. Jordan, Mr R. Cohen, Mr T. Lewtas, Mr W. Lowe, Mr J. Collins amd Mr L. Turner for The Australian Workers' Union, Tasmania Branch.
Mr. P. Hayes and Mr B. Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.

Date and Place of Hearing:
1991
Queenstown:
March 7, 8.