IN THE TASMANIAN INDUSTRIAL COMMISSION

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

Transport Workers' Union of Australia
Tasmanian Branch
(T.2894 of 1990)

TRANSPORT WORKERS GENERAL AWARD

Wage Rates - State Wage November 1989 - Structural Efficiency Principle - Second Stage and Minimum Rates Adjustment Principle

REASONS FOR DECISION

This was an application made under Section 23 of the Act by the Transport Workers' Union of Australia, Tasmanian Branch (the Union) for the implementation of the second Structural Efficiency Principle (SEP) increase and the first Minimum Rates Adjustment (MRA) in the Transport Workers General Award (the Award).

Mr B Hansch, who appeared for the Union, produced two exhibits (exhibits H1 and H2) providing details of the claim.

As to the second SEP increase application Mr Hansch advised that the present classifications in the Award were to be broadbanded into eight grades and there were to be other changes to the conditions in the Award: they were almost the same as the changes recently made in the Carriers Award, the only differences being (a) two less grades (because of the lesser number of classifications to start with) and (b) no provision for superannuation. Allowances in the Award were to be increased by 3%.

The main SEP award changes proposed were:

• An award modernisation clause was to be introduced.
• The availability of broken annual leave.
• Increased spread of hours.
• The introduction of shiftwork provisions.
• Notice of sick leave within one hour.
• Reduction in the loading for casuals.
• The availability of electronic funds transfer for payment of wages.
• The opportunity to change from weekly to fortnightly pays

As to the first MRA, Mr Hansch confirmed that, as in the Carriers Award MRA, the starting point or the basis for the various percentage differences between the grades was a set percentage of the tradesman's base rate in the Federal Metal Industries Award. One of the Union's exhibits (exhibit H2) tabulated how the base rates had been established and how the MRA's were to be applied in accordance with the current Principles.

Mr Hansch sought for the amendments to the Award, including both the second SEP increase and the first MRA, to apply from the first full pay period commencing on or after 1 March 1991. He also confirmed that any over-award payments were to be absorbed by the MRA's.

Mr S Clues appeared for the Tasmanian Confederation of Industries (the Confederation) and he confirmed agreement to the Union's application and the date of operation sought. He also noted that any over-award payments were to be absorbed.

I am satisfied that "the parties to the Award have cooperated positively in a fundamental review of the Award" as envisaged by the current Wage Guidelines. I am also satisfied that all the requirements of the SEP and MRA Principles have been met. I note that the ultimate rate for a driver in Grade 3 is very close to that listed by the Full Bench of the Australian Commission in its National Wage decision of August 1989 as appropriate for a driver (3-6 tonnes) as a percentage of the tradesperson's rate. The Award will be amended as sought operative from the first full pay period commencing on or after 1 March 1991.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
B Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
February 11.