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Tasmanian Industrial Commission

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T3269 and T3387

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Transport Workers' Union of Australia,
Tasmanian Branch

(T.3269 of 1991)

Federation of Industrial, Manufacturing and Engineering Employees
Tasmania Branch

(T.3387 of 1991)

 

COMMISSIONER P A IMLACH

25 September 1991

Wage rates - State Wage August 1991 - Structural Efficiency Principle

REASONS FOR DECISION

These applications, which were joined at the outset, were made under Section 23 of the Act by the Transport Workers' Union of Australia, Tasmanian Branch (the TWU) and the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch (FIMEE) for the implementation of the August 1991 State Wage Case decision (the decision) 2.5% increase in the Carriers Award (the Award).

In support of its application the TWU sought the 2.5% increase in wages and all work related allowances. The TWU also referred to a recent decision of the Australian Industrial Relations Commission (the AIRC) whereby the same increase was granted in the Transport Workers Award, 1983 of that jurisdiction.1

Consistent also with the AIRC decision already mentioned the TWU sought for the minimum rates adjustment (the MRA) process to be speeded up and completed as a result of this application.

The TWU also submitted that the previous structural efficiency principle (SEP) process in the Award had resulted in changes which meant that all except one of the requirements under the new SEP had already been met. The outstanding item related to the requirement in subparagraph (e) of the SEP for an award provision specifying that "an employer may direct an employee to carry out" certain duties. In its draft order the TWU put forward a proposed amendment to the contract of employment clause aimed at satisfying the outstanding item.

The TWU also sought additional provisions relating to (a) the reimbursement of the cost of required medical checks and (b) the specific exclusion of casual employees from certain provisions in the Award. These additional claims by the TWU were made to bring the Award into line with the same provisions already existing in the equivalent Federal Award.

An operative date of the first full pay period commencing on or after 10 September 1991 was also sought by the TWU.

It was confirmed that the TWU already had submitted a formal written commitment to the Wage Principles as required.

The FIMEE supported the submissions of the TWU and confirmed that it had lodged the required commitment. It sought the same operative date.

The Tasmanian Confederation of Industries (the Confederation) confirmed its agreement to and support for the major elements of the application including the 2.5% increase in wage rates, the MRA process completion, the 2.5% increase in work-related allowances and the operative date. The Confederation also confirmed its agreement to the extra claims by the Union.

The Confederation pointed out that the TWU had omitted to acknowledge the requirement in subparagraph (c) of the SEP for an award consultative mechanism provision and read into transcript a suggested further amendment to the Award taken from other proceedings before the Commission. The TWU accepted the proposed addition.

The extra items claimed by the TWU relating to medical check reimbursements and some exclusions for casuals which were accepted by the Confederation are granted and will be included as part of the order arising out of this application.

As indicated at the hearing, I am satisfied that the previous SEP changes together with the necessary agreed amendments proposed in this application have met all the requirements of the decision. The Award will be amended as requested operative from the first full pay period commencing on or after 10 September 1991.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
B Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
S Pavlic for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmanian Branch.
P Targett for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
September 4

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