T3518
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Metals and Engineering Workers' Union
Wage rates - State Wage August 1991 - Structural Efficiency Principle REASONS FOR DECISION This was an application made under Section 23 of the Act by the Metals and Engineering Workers' Union (the MEWU) for the implementation of the August 1991 State Wage Case (SWC) 2.5% increase in the Cement Makers Award (the Award). The application follows a number of previous applications for the same increase made by other Unions (T3260 of 1991 et al) which failed because the MEWU did not agree to certain parts of the otherwise agreed amendments put forward at the hearing of those previous applications. In my decision rejecting those previous applications I made it clear that, on the whole, I would have endorsed the substance of the matters agreed by all the parties (except the MEWU) and granted the increase sought. In this matter, therefore, which is essentially the same, I had but to arbitrate on the items about which the MEWU had a different view and to which the Tasmanian Confederation of Industries (the Confederation) still disagreed. Quixotically, the other unions in this matter changed and supported the MEWU. The MEWU also sought a variation to the previously proposed Structural Efficiency clause: the Confederation (and the Unions) accepted this change. The items requiring arbitration, therefore, may be set out as follows:
It seems that I have to decide whether or not (1) in subclause (a) of the Enterprise Agreements clause proposal, the word "parties" ought to replace the words "all or some of the employees engaged by that employer." and (2) subclauses (iii) and (iv) in the Enterprise Agreements clause ought to remain. 1. I am satisfied that the words "all or some of the employees engaged by that employer" ought to remain since they in no way constitute a threat to the interests of any group, but especially the unions. Each enterprise agreement (under the proposed clause) will require prior notification to the union/s and the formal consent of the union/s before it may be implemented. It is unreasonable to expect that the union/s would be excluded from any negotiations once, on being notified initially, their interest was indicated. This is particularly so when any agreement to vary the Award must ultimately be endorsed by the Commission and any disagreement may be the subject of a Section 29 dispute hearing application to the Commission. 2. I am also satisfied, for the same reasons given in the previous paragraph, that these proposals will not constitute a threat to the interests of any party. The Award will therefore be amended by the inclusion of the Structural Efficiency clause agreed between all parties in this matter and by the inclusion of the Enterprise Agreements clause sought by the Confederation in this matter (Exhibit W1 in matter T3260 et al). With the implementation of those amendments, as indicated in the previous decision in matters T3260 of 1991 et al, all the requirements under the SEP for the SWC 2.5% increase will have been met. Also, all unions have submitted an appropriate commitment letter. The Award will therefore be further amended to include a 2.5% increase in all wage rates and work related allowances in the Award. The date of operation for the amendments will be the first full pay period commencing on or after 28 October 1991.
P A Imlach Appearances: Date and place of hearing: |