T3260, T3302, T3312, T3337 and T3358
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Building Workers' Industrial Union of Australia, The Federated Engine Drivers' and Firemen's Association of Australasia The Australian Workers' Union, Tasmania Branch Federated Clerks Union of Australia, Tasmanian Branch Electrical Trades Union of Australia, Tasmanian Branch CEMENT MAKERS AWARD
Wage rates - State Wage August 1991 - Structural Efficiency Principle REASONS FOR DECISION These applications which were joined at the outset were for the August 1991 State Wage Case (SWC) decision 2.5% increase to be implemented in the Cement Makers Award (the Award). The Unions party to the Award and present at the hearing sought the 2.5% increase in wages and work related allowances on the basis that most of the requirements listed in the SWC decision under the Structural Efficiency principle (SEP) had been met already in the Award. This followed the previous SEP exercise finalised in October 1990.1 The Unions put forward draft orders aimed at satisfying those SEP requirements still outstanding which were:
The unions also confirmed that negotiations were intended aimed at settling a new classification structure for the Award including the commencement of the Minimum Rates Adjustment process. Those unions which had not forwarded the required formal commitment to the new Wage Guidelines promised to do so with the exception of the Metals and Engineering Workers' Union (MEWU) whose representative Mr Harding, as well as expressing some disagreement with the draft order, advised that his instructions did not extend that far (as his union was giving commitments award by award), but he said he would refer the matter to his superiors immediately for attention. The unions sought an operative date of the first full pay period commencing on or after 12 September 1991. The Tasmanian Confederation of Industries (the Confederation) advised agreement to the unions' applications and pointed out that the MEWU had not lodged an application. The Confederation submitted that the proposals were all in accordance with the requirements of the SWC decision and it agreed to the operative date sought. The Confederation submitted that if the MEWU persisted in its objections the matter should be arbitrated. At the hearing I indicated that, subject to all the unions' commitments being received, I was satisfied that the requirements of the SEP had been met and the Award would be amended as requested from the date agreed. Unfortunately, the MEWU has failed to produce a commitment in this matter nor has it indicated any reason for so doing. On my understanding of the commitment clause of the SWC decision Principles, "no adjustments will be approved ... unless a union concerned in an award gives a commitment..." It is with great regret, therefore, that I decline to endorse these applications even though all parties except one have agreed.
P A Imlach Appearances: Date and place of hearing: |