T3212
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Transport Workers' Union of Australia, TRANSPORT WORKERS GENERAL AWARD
Award variation - labour on-costs - 3% occupational superannuation - notices (posting) 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 an amendment to the Transport Workers General Award (the Award) to include an occupational superannuation provision and to include a notice board provision. At the hearing, the Union produced as an exhibit a draft order reflecting the amendments it sought. Superannuation The Union advised that the terminology of the amendments in relation to the proposed superannuation clause, except for two differences, was the same as currently provided in both the Carriers and Public Vehicles awards of this Commission. The differences were:
The Union also sought for the weekly flat rate contribution for full-time employees to be $17.00 and for the daily contribution for casuals to be $3.40. The Union sought these amounts following the latest variations to the amounts specified in the Transport Workers Superannuation (Consolidated) Award 1987 of the Australian Industrial Relations Commission (the AIRC).1 Specifically, in that decision the increases sought were from $16.00 per week to $17.00 per week for the contribution for full-time workers and from $3.20 per day to $3.40 per day for casual workers. The Tasmanian Confederation of Industries (the Confederation) partly agreed to the application in that it supported the introduction of the proposed superannuation provision in the Award. However, it opposed the flat rate concept for contributions and sought graduated amounts of contributions for casuals as compared to the single flat daily rate proposed by the Union. The Confederation submitted that the flat rate amounts sought by the Union in the light of the relatively low wage rates currently provided in the Award could not be related back in any way to 3% of ordinary time earnings, as specified in the Wage Guidelines. On this basis, therefore, the Confederation said it opposed the flat rate amounts of contributions in principle. The Confederation further submitted that the graduated amounts of contributions for casual employees provided in the Public Vehicles Award following a recent decision of the Commission were more appropriate and ought to be included in the Award instead of the single daily rate sought by the Union. The Confederation argued that equity was the key factor supporting this contention. An exhibit was produced showing the graduated amounts the Confederation sought in lieu. In response to the Confederation's opposition the Union submitted that to accept those arguments would disadvantage a very small number of transport workers as against the hundreds of thousands throughout Australia who had been receiving the benefit of the same standard, across the board amounts (mainly under Federal Awards) for some years. The Union submitted moreover that the amounts claimed had been well established originally by a Full Bench of the AIRC and that had been confirmed by decisions of this Commission originally as well, specifically the Retail Trades and the Wholesale Trades Awards: these were precedents that should not be ignored. As to the graduated amounts sought by the Confederation for casuals, the Union submitted that such existed only in the Public Vehicles Award of this Commission and that particular provision was only inserted there because of a specific argument related to a specific set of circumstances: no such arguments or evidence had been put forward in this case. The Union further argued that the minimum hours of work clause in the Public Vehicles Award prescribed a one-hour minimum so that graduated contribution amounts (based upon hours worked) were appropriate in that award, but in the Award a four hours minimum was prescribed which made the necessity for the graduation of amounts much less imperative. The Union opposed the changes to its application sought by the Confederation. Notice Board The Union submitted that this part of its application ought to be accepted because nearly all other transport awards, State and Federal, contained the same provision. The provision also supported the requirements of industrial laws which required employers to exhibit copies of awards on their premises. The Confederation consented to this part of the application. I endorse the agreement between the parties to introduce a superannuation clause and a notice board clause into the Award. The granting of both items is within the Wage Guidelines and in the public interest. As to the areas of disagreement I decide as follows: The flat rate amounts of contributions will be inserted in the Award because I am satisfied that sufficient precedence has already been established both in the Federal jurisdiction and this Commission for transport workers generally to be treated equally: I do not think it appropriate to depart from the norm in this case. The single amount of $3.40 in contributions for casual employees will also be inserted consistent with the reasons given above. On the basis that there were no examples given as to how the single hourly amount would result in inequities in the area of the Award and the fact that the four minimum work hours applies thus reducing the need for any graduated system. I do not accept that the specific circumstances applying in the Public Vehicles case are any precedent for this case. The parties agreed that the amendments arising from this decision should operate from the same time as the introduction of the 2.5% August 1991 State Wage Case decision increase and I also endorse that agreement. The operative date of this decision will be, therefore, the first full pay period commencing on or after 10 September 1991. An order is attached.
P A Imlach Appearances: Date and place of hearing: |