T3129 - 15 August
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Federated Miscellaneous Workers Union of Australia SECURITY AND WATCHING SERVICES AWARD
Wage rates and classification structure REASONS FOR DECISION In this consent matter The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (FMWU), sought the variation of the Security and Watching Services Award to reflect the second instalment structural efficiency adjustment. A number of negotiations had taken place between the FMWU represented in these proceedings by Mr O'Brien and the Tasmanian Confederation of Industries (TCI) represented by Mr Edwards. This culminated in an agreement on an award classification structure and definitions, rates of pay including minimum rates adjustments and a range of structural efficiency initiatives impacting on the award. The classification structure and definitions are identical to those endorsed by the Industrial Relations Commission of Victoria. This was a five level Security Officer structure ranging in pay relativities (after MRA's) from level 1 at 87.4% of the metal industry tradesperson rate of pay to 100.9%. Mr O'Brien tendered Exhibit O1 which was the outcome of the Victorian structural efficiency review. It was indicated in this exhibit that the structure, rates of pay and relativities were adopted in Victoria "following a detailed examination by the parties of the work of security officers. This examination included the structural efficiency inspections and the testing process for the new structure". (Industrial Relations Commission of Victoria decision 90/5806 at page 2). A five level structure was also endorsed by the Industrial Commission of New South Wales in matter 434, 659 and 706 of 1990. Given the consent of the parties and having regard to the fact that the proposed structure for Tasmania has been endorsed elsewhere following extensive scrutiny, I endorse the classification structure and definitions presented by the parties. In the course of the proceedings the parties informed the Commission that minimum rates adjustments (MRA's) have been included in the rates of pay proposals with the first instalment requested to be awarded simultaneously with the second structural efficiency wage increase. The Commission raised some concerns about the implementation of the first MRA in this manner. On further examination the awarding of the first MRA in this way does not offend the Wage Fixing Principles. This is because the three month period before an MRA may be awarded refers to the time gap between the awarding of the first stage structural efficiency adjustment and the first MRA. Obviously as the first structural efficiency adjustment has already been implemented in the award there is no impediment to the awarding of the first MRA at the same time that the second instalment structural efficiency is granted. Mr O'Brien, supported by Mr Edwards, detailed a number of award variations designed to enhance more flexible working arrangements and thereby contribute to productivity. The proposed variations, to be reflected in a draft order, include enterprise flexibility provisions; expanded part-time working arrangements; banking of up to six RDO's; extension of the time before a meal break is required to be taken; remission of a licence fee by the employee to the employer of $12.50 a month to a maximum of $70 where the employee leaves his or her employment in a period of up to six months after a licence renewal has been affected; waterproof clothing issued to Security Guards to remain the property of the employer; inclusion of a suspension from employment clause; time of taking annual leave extended to 12 months with one month's notice to be given of the intention of taking annual leave; superannuation provisions to reflect that any employer subject to the award has one month to apply to become a member of the ARF fund nominated in the award, also the flat money amount contribution has been increased to $14.50 a week (which is to be paid pro rata for part-timers and casuals). Taken as a package I am of the opinion that sufficient has been undertaken in the award to satisfy the requirements of the Structural Efficiency Wage Fixing Principle. Accordingly the award will be varied to reflect the second instalment structural efficiency adjustment operative from the first full pay period to commence on or after 13 August 1991. The parties are to prepare the appropriate draft orders. In this matter I noted the submissions of Mr Grubb for the Federated Clerks Union of Australia, Tasmanian Branch (FCU), that it was the intention of that union to withdraw from the award. I support that this should occur and anticipate an application being made by the FCU to facilitate that process. I also noted that the FMWU and TCI have not at this point resolved where Special Constables employed in the Court of Petty Sessions fit in the new career structure. Both Mr O'Brien and Mr Edwards advised the Commission that further discussions will be necessary in order to finalise this issue. In the event the matter is not able to be resolved the Commission will determine it. A further matter still causing difficulties for the parties concerns the method by which the ordinary time rate should be calculated for a casual working regular night shift. As I understand it the Interpretation, T.1842 of 1989, did not settle the matter and it appears, in the event further negotiations are not fruitful, that the Commission should determine the matter on merit.
R.K. Gozzi Appearances: Date and Place of Hearing: |