TASMANIAN INDUSTRIAL COMMISSION

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

Federated Clerks Union of Australia
Tasmanian Branch
(T.2512 of 1990)
(T.2583 of 1990)

and

The Amalgamated Metal Workers' Union
The Plumbers and Gasfitters Employees' Union of Australia
Tasmanian Branch
Master Builders' Association of Tasmania
Air Conditioning Contractors' Employers Industrial Relations Group
The Master Plumbers' Association of Tasmania
Tasmanian Confederation of Industries

BUILDING TRADES AWARD
PLUMBERS AWARD

Deletion of Division G - Clerks - Building Trades Award
Deletion of Division C - Clerks - Plumbers Award - Claim granted - Operative Date F.F.P.P. on or after 1 May 1991

REASON FOR DECISION

In my decision dated 26 October, 1990, which varied the Building Trades Award, Building and Construction Industry Award and the Plumbers Award1 to reflect the second structural efficiency increase, the parties submitted that as part of the ongoing programme to restructure the said awards, agreement had been reached to:

"Remove clerks and carter/driver classification from the Building Trades Award and the Plumbers Award and place those classifications in (1) the newly established Clerical and Administrative Employees (Private Sector) Award in the case of Clerks and (2) the newly established Transport Workers General Award in the case of carters and drivers." (Page 3)

The main reason advanced by the parties at that time for not immediately pursuing the above mentioned course of action was that the appropriate new Clerical and Transport Workers' Awards had not been made in their entirety. That being the case they sought the adjournment of this pursuit until the Commission had finalised the making of those new awards.

These applications seek to remove pay rates and conditions of employment for Clerks currently falling within the scope of the Building Trades Award and the Plumbers Award. The resulting effect of that course of action would mean that those employees would be encompassed within the scope of the Clerical and Administrative Employees (Private Sector) Award.

The parties presented an agreed position on the application as they did during the hearing for the second structural efficiency increase, however,Mr Clues for the Tasmanian Confederation of Industries stated that other parties to the award should not interpret the Confederations submission in support of the applications as one of supporting the removal of clerks classification from all other awards of the Commission when they appear.

Having considered the submissions of the parties, I am prepared to support the applications and make the necessary deletions from the Building Trades Award and the Plumbers Award.

In arriving at my decision I have noted:

(a) the degree of consent by the parties,

(b) that these applications are part of the ongoing programme under the structural efficiency principle for the two awards in question, and

(c) that as a result of granting the applications, employees will now fall within the scope of the Clerical and Administrative Employees (Private Sector) Award and that transfer will not, on the submission of the parties, increase cost for the employer or benefits to employees.

The operative date of this decision will be from the first full pay period to commence on or after 1 May, 1991 and the Orders will follow in due course.

R J Watling
COMMISSIONER

Appearances:
Mr A Grubb for the Federated Clerks Union of Australia, Tasmanian Branch.
Mr R Randall for the Plumbers and Gasfitters Employees' Union of Australia, Tasmanian Branch.
Mr M Clifford for the Building Workers' Industrial Union of Australia, (Tasmanian Branch), the Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch, and the Operative Plasterers and Plaster Workers' Federation of Australia, Tasmanian Branch.

Date and Place of Hearing:
1991
April 23
Hobart

1 T.1183, T.1180, T.1186, T.1175, T.1343, T.1192, T.1213, T.1190 of 1988 and T.2439, T.2500, T.2509, T,2525, T.2579, T.2595, T.2596, T.2597, T.2602, T.2512, T.2583, T.2635, T.2636, T.2580 and T.2627 of 1990