TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

The Federated Engine Drivers' and Firemen's Association of Australasia,
Tasmanian Branch
(T.3306 of 1991)

and

Electrical Trades Union of Australia,
Tasmanian Branch
(T.3361 of 1991)

EMU BAY RAILWAY AWARD

State Wage Case August 1991 - 2.5% increase - granted

REASONS FOR DECISION

In this matter The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch (FEDFA), sought the variation of the Emu Bay Railway Award to increase in wage rates and work-related allowances in accordance with the 13 August 1991 State Wage Case decision1. An identical application was made by the Electrical Trades Union of Australia, Tasmanian Branch (ETU). The applications were joined for hearing purposes.

With the exception of explicit consultative mechanism procedures and work as directed provisions, the parties in these matters satisfied the Commission that they had complied with the pre-conditions for the granting of the increases as set out in paragraphs (a) to (g) of Principle 2 - Structural Efficiency.

Whilst the Commission accepted that the implementation of structural efficiencies and the ongoing initiatives flowing from the granting of the second instalment structural efficiency increase2 required the parties to consult on a continuing basis, agreement was reached in these proceedings that specific consultative mechanisms and work as directed provisions should be included in the award in the following terms:

"CONSULTATIVE PROCEDURES

(a) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the industries and those establishments covered by Clause 2 - Scope, and to enhance the career opportunities and job security of employees in these industries and establishments.

(b) At each enterprise or establishment, the employer, the employees and the relevant union or unions, shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that enterprise or establishment. Measures raised by the employer, employees or union or unions for consideration consistent with the objectives of subclause (a) herein shall be processed through that consultative mechanism and procedures.

TERMS OF ENGAGEMENT

(a)   (i) An employer may direct an employee to carry out such duties as are within the limit of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

(ii) An employer may direct an employee to carry out such duties and use tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

(iii) Any direction issued by an employer pursuant to paragraphs (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy working environment."

Given the arrangement of the award each of the above clauses will be included in Conditions for Employees in Divisions A and B and Conditions for Employees in Divisions C and D, respectively.

Having regard to the above award format it would be appropriate in my opinion for the parties to rationalise clauses commensurate with the award modernisation review currently under way3. This may be undertaken by appropriate cross-referencing.

In all of the circumstances I consider that the parties have complied with Principle 2 - Structural Efficiency and therefore the award will be varied as requested operative from the first pay period to commence on or after 6 September 1991.

The order is attached.

R.K. Gozzi
COMMISSIONER

Appearances:
Mr M. Grey for The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch.
Mr K. Becker for the Electrical Trades Union of Australia, Tasmanian Branch.
Mr M. Hill for the Metals and Engineering Workers' Union.
Mr W. Neil for the Australian Railways Union (Tasmanian Branch).

Date and Place of Hearing:
1991:
Hobart
September 6

1 T.3069 and T.3166 of 1991
2 T.2822 of 1990
3 T.2822 of 1990