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T3055 and T3056 - 17 June

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australasian Meat Industry Employees Union,
Tasmanian Branch

(T.3055 and T.3056 of 1991)

ABATTOIRS AWARD
MEAT TRADES AWARD

 

COMMISSIONER R K GOZZI

HOBART 17 June 1991

Structural Efficiency Principle - second stage

REASONS FOR INTERIM DECISION

These applications by the Australasian Meat Industry Employees Union, Tasmanian Branch (AMIEU) concern the variation of the Abattoirs Award (T.3055 of 1991) and the Meat Trades Award (T.3056 of 1991) to reflect the second instalment structural efficiency adjustment. The applications were joined by the Commission for hearing purposes.

Other applications1 in respect of the same subject matter have been previously considered by the Commission and rejected primarily on the basis that insufficient material was provided by the parties to satisfy the Commission that an increase in wage rates could be sustained having regard to the Structural Efficiency Wage Fixing Principle and to the general thrust of decisions of this Commission on second instalment structural efficiency adjustment matters.

In these proceedings Mr Swallow for the AMIEU again informed the Commission that all "meat workers" apart from those in Tasmania had received the second instalment increase. On this occasion however Mr Swallow was able to indicate that in respect of structural efficiency initiatives the parties were in agreement on a number of issues notwithstanding that the outcome of the Federal Meat Industry Inquiry would ultimately form the basis of the major review of the awards in question. Mr Swallow said:

"...the first part of my submission is that there is agreement on seven items"
Transcript p.9

Those seven award items are as follows:-

"1. Ordinary hours of work in retail butchers shops have been extended to 6 a.m. to 6 p.m. Monday to Saturday and 9 p.m. on any designated late night shopping night. Ordinary hours worked on Saturdays or late night shopping nights to be paid for at time & a quarter.

2. Salespersons duties extended to include preparation of counter ready products.

3. Time off in lieu of overtime in Retail shops.

4. Qualifying period of 4 weeks and less than $50 earned per week for super.

5. Load-out gangs ordinary hours now 4 a.m. to 4 p.m. rather than 6 a.m. to 6 p.m. Work from 4 a.m. to 6 a.m. paid at time and a half.

6. Accrual of RDO's classified - RDO's falling in Annual Leave, LSL or workers comp. are lost by employee (i.e. extra day not added). If sick on RDO can't claim sick leave.

7. Procedures re consultation."

Exhibit AMIEU 1.

Whilst ordinarily the Commission as constituted in these proceedings would require at least timetabling for the presentation to the Commission for endorsement and subsequent implementation of fundamental structural efficiencies in the awards including the review of classification structures, work practices and the establishment of career path training programmes and the identification of employee skills, I have decided to adopt the approach of other tribunals by granting the second instalment structural efficiency adjustment. I have also had regard to the unequivocal assurance given by Mr Swallow that the outcome of the Meat Industry Inquiry will be tailored to meet the requirements of the meat industry in this State. I was informed by Mr Swallow that substantial award changes will be brought forward.

The Commission was also assured that in the event of any disagreement between the parties on any aspect of the Meat Industry Inquiry relevant to Tasmania will be brought forward to the Commission for determination.

Having regard to my decision in this matter the parties are directed to prepare draft orders for consideration of the Commission. The orders when issued by the Commission will be operative from the first full pay period to commence on or after 24 May 1991.

In preparing the draft order for the matter identified in Exhibit AMIEU 1 and for the adjustment of wage rates, the parties are reminded to also provide the Commission with the documentation as requested in the proceedings. (Transcript p. 24 to 26). Given that this documentation was not available to append to this decision, notwithstanding that I requested it by 11 June 1991, it is my intention to append it to a Supplementary Decision which will also have attached to it the orders referred to above.

For the guidance of the parties the draft orders should include reference to those items in Exhibit AMIEU 1 that are agreed and incorporating enterprise agreement and traineeships provisions. Additionally the documentation should also contain the commitment of the parties to adopt those elements from the Meat Industry Inquiry relevant to this State; their intention to pursue in the Commission non agreed matters and the ability of any of the parties to the proceedings to add extra agenda items for discussion and which are deemed relevant to the meat industry in Tasmania.

 

R K Gozzi
COMMISSIONER

Appearances:
Mr J Swallow for The Australasian Meat Industry Employees Union, Tasmanian Branch
Mr B Hansch for the Transport Workers' Union of Australia, Tasmanian Branch
Mr T Edwards with Mr M Flynn, Mr J Kelly, Mr O Jak and Mr G Carnie for the Tasmanian Confederation of Industries and the Meat and Allied Trades' Federation of Australia (Tasmanian Division)

Date and place of hearing:
1991
Hobart
May 24

1 T.2973