TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for the making of a new award

The Australian Workers' Union,
Tasmania Branch
(T.2703 of 1990)

CLAY AND MUD PRODUCTS AWARD

Award - new award

REASONS FOR DECISION

This decision has arisen out of a further hearing in this matter which was an application by The Australian Workers' Union, Tasmania Branch (the AWU) made under Section 23 of the Act, for the making of a new award, the Clay and Mud Products Award (the new Award).

The new Award was made on 1 October 1990.

At the second hearing the parties produced an agreed draft order for the complete new Award.

The Tasmanian Confederation of Industries (the Confederation) made submissions on behalf of the parties seeking endorsement of the draft order. The Confederation reminded the Commission that the purpose of the making of this new Award was to extend the scope to cover mud-brick making and to produce a new flexible award not one bound by old narrow structures like the Clay Products Award: this process was claimed to be exactly in line with the Structural Efficiency Principle (SEP) requirements.

Apart from the provisions of the Clay Products Award which were restated in the draft order the following items were also included as being consonant with the concepts mentioned by the Confederation and with the SEP;

• The number of unions parties to the new Award were reduced to one, the AWU, this being in line with current trends for enterprise based unions.

• The new Award was set out as one single set of provisions whereas the Clay Products Award was divided into sections applying separately to different groups of employees.

• New provisions for part-time employees were included based upon application proportional to the hours worked.

• Unauthorised absences were to be debited under the annual leave clause.

• The 4% second tier increase and conditions changes, the 38 hour week changes and the SEP changes were all incorporated in the new Award where they had been implemented previously by agreement.

• An award superannuation clause in line with a number approved by the Commission in recent times was also included together with the opportunity for employers with acceptable funds currently operating to apply for exemptions from contributing to the new award nominated fund, Tasplan.

• Exemptions were to be sought by those eligible no later than 22 September 1991. One fund or employer exemption already agreed was included in the draft order.

• As previously foreshadowed all the designated classifications specified in the Clay Products Award were subsumed into one graded scale for "Clay and Mud Products Workers." There were four grades and the duties for each grade were specified in the definition for each grade.

• In the wage rates clause provision was also made for apprentices, unapprenticed juniors and leading hands.

The weekly wage rates quoted in the draft order for Clay and Mud Products Workers represented a combination of the current award rate, the second SEP increase and the first Minimum Rates Adjustment (MRA). Three more MRA's were due before the final agreed correlation with the Metal Industry Award standards was reached. All these amounts and increases were detailed in a second exhibit produced. It was confirmed that this and subsequent MRA's were to be absorbed against any existing over-award payments.

The Confederation advised that training modules aimed at assisting progression from Grade 1 through to Grade 4 were yet to be addressed.

The Confederation further submitted, on behalf of the parties, that all the changes agreed were well within the restraints of the current Wage Guidelines covering first awards, superannuation, hours of work, the 4% second tier increase and the minimum rates adjustments. Further, the whole exercise being in line with the Wage Principles and with Section 36 of the Act, and being in the public interest, it was submitted that the new Award now completed should be endorsed.

The AWU confirmed and supported the submissions of the Confederation.

I am well satisfied that the parties have proceeded as originally intended in this matter and, in the words of the present SEP, "have cooperated positively in a fundamental review of that award and are implementing measures to improve the efficiency of industry and provide workers with access to more varied, fulfilling and better paid jobs."

I also am of the view that the completion of the making of the new Award is not against the public interest.

The parties signified agreement at the hearing for the amendments arising out of this application to operate from the first full pay period commencing on or after 22 July 1991 and I endorse that date.

I expect in due course that an application will be made for the rescission of the Clay Products Award.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
V Jacobs for The Australian Workers' Union, Tasmania Branch
T Edwards for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
July 22.