T2997
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Confederation of Industries MARINE BOARDS AWARD
Mooring lines-recall REASONS FOR DECISION This matter concerns an application to vary clause 29 "Overtime (Day Workers)", of the Marine Board Award. The applicant seeks to make special provision for employees of the Hobart Marine Board only who are called to perform work in connection with the handling of ships mooring lines. Whereas the terms of the new provision originally sought to confine itself to the question of minimum payment for call-outs, an amendment to add the actual hourly rate of payment was allowed. By consent the final figures agreed upon will be confirmed and submitted to the Commission after giving to all award parties the opportunity to verify such figures. Since 12 July 1976, the Hobart Marine Board has been party to an agreement titled the "Marine Contractors Mooring Gang Agreement 1976" and various contractors have undertaken such work from to time. Rates of pay for each engagement have been regularly adjusted since the inception of the agreement. Now that this particular employer has decided to no longer use contractors from 1 May 1991 it is necessary that the award be amended to formalise the continuation of the earlier arrangement as it will now apply to Hobart Marine Board employees. Whilst initially the Marine and Harbour Trust Employees Association and others had a number of concerns in relation to foreshadowed changes there have now been discussions and negotiations which produced a consent arrangement, and which, to the extent necessary, will be reflected in the new award prescription. Assurances were given to the Commission that rates of pay to be expressed in the award will reflect the status quo and therefore will not offend Wage Fixation Principles requirements as they relate to the extension of an award to previously award free work. Given the fact that the point has now been reached where dialogue has resulted in total agreement, and the new measures presumably accommodate the best interests of the employer and employees, I am satisfied that to accede to the application would be consistent with public interest requirements specified in Section 36 of the Act. Accordingly the application is granted and the award will be varied by amending Clause 29, Overtime (Day Workers) by adding a special provision relating to call back provisions for Hobart Marine Board employees in the terms agreed to by the parties. Operative Date: This amendment shall have effect on and from 1 May 1991. Order: The parties are to submit a draft Order to the Commission.
A Robinson Appearances: Date and Place of Hearing: |