TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Confederation of Industries
(T.2865 of 1990)

MARINE BOARDS AWARD

Structural Efficiency Principle- second stage

This matter concerns an application to vary the Marine Boards Award by consent in relation to an "Enterprise Flexibility" provision.

The particular provision proposed for inclusion in the award is worded as follows:-

ENTERPRISE FLEXIBILITY

(a) Notwithstanding anything contained in this award, but subject to the provisions of this clause, an agreement may be negotiated between the parties.

(b) An agreement shall be subject to the following requirements:

(i) The majority of employees affected by the change must genuinely agree to the change.

(ii) The agreement taken as a whole shall not confer a lesser benefit to any employee than is available under the award.

(iii) The relevant union or unions shall be advised by the employer of his or her intention to commence discussions with employees on an agreement under this clause.

(iv) The relevant union or unions must be a party to the agreement.

(c) Any enterprise agreement shall be signed by the parties, being the employer and the union or unions, and contain the following:

(i) The term of the agreement.

(ii) The parties covered by the agreement.

(iii) The classes of employees covered by the agreement.

(iv) The means by which a party may retire from the agreement.

(v) The means by which the agreement may be varied.

(vi) Where appropriate, the means by which any dispute arising in respect to the agreement may be resolved.

(d) An Agreement shall be referred to the Tasmanian Industrial Commission.

This matter forms part of a package of items which constitute a second stage "structural efficiency" exercise in accordance with the requirements of current Wage Fixation Principles.

The package as a whole was endorsed by the Commission as presently constituted in Reasons for Decision issued on 27 September 19901.

However, an item then titled "Local Ports Agreement" was not found to be acceptable for reasons which were given in Reasons for Supplementary Decision issued on 16 October, 19902.

The present matter, although now differently titled, is acknowledged as representing a revision of the original proposal with deletion of those parts which gave rise to the Commissions earlier rejection, and the addition of the final words:-

"(d) An agreement shall be referred to the Tasmanian Industrial Commission."

Having regard for the history of this matter and after carefully considering the substance of the present proposal compared to that dealt with in matter T.2673 of 1990 I find that my earlier expressed objections have been eliminated.

I further find that the present proposal has merit in that it meets one of the important requirements of the Structural Efficiency Principle in that it acts as an incentive and aid to ensuring that working patterns and arrangements enhance flexibility and the efficiency of the industry.

Such objectives are clearly consistent with public interest.

For these reasons the application is approved and the award will be varied accordingly.

Operative Date

This variation shall have effect from the beginning of the first pay period to commence on or after 18 February 1991.

Order is attached.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr T J Abey for the Tasmanian Confederation of Industries.
Mr B J Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.

Date and Place of Hearing:
1991
Hobart
February 18

1 T2673 of 1990
2 Ibid