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T3055 and T3056 - 19 September

 

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 & T.3056 of 1991)

ABATTOIRS AWARD
MEAT TRADES AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 19 September 1991

Structural Efficiency Principle - second stage

REASONS FOR SUPPLEMENTARY DECISION

These applications by The Australasian Meat Industry Employees Union, Tasmanian Branch, (AMIEU) concerned the variation of the Abattoirs Award (T.3055 of 1991) and the Meat Trades Award (T.3056 of 1991) in respect of the second instalment structural efficiency adjustment. These matters were before the Commission on a number of occasions prior to the awarding of the adjustment operating from the first full pay period to commence on or after 24 May 19911.

Since that time there has been a difficulty in settling the necessary orders. In the circumstances a hearing was conducted for that purpose on 30 August 1991, with the Commission arbitrating on the span of hours to be worked in supermarkets. Mr Swallow was seeking the same arrangements as introduced in the Federal Meat Industry Award consequential to proceedings in the Australian Industrial Relations Commission. Mr Edwards argued however that the provision in that award did not take account of 4% second tier tradeoffs negotiated for that increase in respect of the Meat Trades Award in Tasmania. I concur with that submission.

Accordingly the Meat Trades Award will be varied to reflect a span of hours between 4.00am and 7.00pm Monday to Friday and 6.00am to 6.00pm on Saturdays. This is consistent with the 4 per cent second tier as is the requirement to work up to 10 ordinary hours on any day without penalty. However when ordinary hours for the week are exceeded penalties will apply.

Mr Swallow contended that the work of supermarket employees subject to the Meat Trades Award was undervalued. As has been indicated by the Commission on numerous occasions, leave is reserved to Mr Swallow to seek redress in accordance with the requirements of the Wage Fixing Principles. In that context application for a Special Case would be required to be made.

In addition to the endorsement by the Commission of the draft orders as set out in Exhibit E1 (Abattoirs Award) and Exhibit E2 (Meat Trades Award) the

Commission indicated that it would append to this decision proposals for classification structures for both awards including Memorandums of Understanding. These documents reflect the ongoing requirements, predicated on the outcome of the Federal Meat Industry Inquiry, to finalise the structural efficiency measures in the Abattoirs and Meat Trades Awards.

However as the documentation on classification structures provided by Mr Edwards and Mr Swallow was extensive I have decided, on reflection not to append it here. However the documentation forms part of these proceedings and the Commission has an expectation that the parties will continue to progress the classification structures. Obviously the Federal Meat Industry Inquiry will have an impact, but the way is open to any of the parties to approach the Commission in the event the Inquiry does not settle the issues or indeed if those proceedings become so protracted to make it imperative for the matter of structures to be progressed in this Commission ahead of the finalisation of the Federal Meat Industry Inquiry.

The Memorandum of Understanding for both awards is attached, as are the orders.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr J. Swallow with Mr P. Fenton for The Australasian Meat Industry Employees Union, Tasmanian Branch.
Mr A. Grubb for the Federated Clerks Union of Australia, Tasmanian Branch.
Ms S. Pavlic for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
Mr G. Warn for the Transport Workers' Union of Australia, Tasmanian Branch.
Mr T. Edwards with Mr M. Flynn for the Tasmanian Confederation of Industries, and for the Meat and Allied Trades' Federation of Australia (Tasmanian Branch).

Date and Place of Hearing:
1991:
Hobart
August 30

1 Reasons for Interim Decision dated 17 June 1991