Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T3639

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Amalgamated Footwear and Textile Workers' Union of Australia,
Tasmanian Branch)

(T.3639 of 1991)

BOOTMAKERS AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 5 March 1992

Variation to Divisions A, B, C, F, G and H

REASONS FOR DECISION

In this matter The Amalgamated Footwear & Textile Workers' Union of Australia, Tasmanian Branch (the Union) sought the variation of Divisions A, B, C, F, G and H of the Bootmakers Award. The variations were to provide for:

(i) the first minimum rates adjustment;

(ii) occupational superannuation;

(iii) the introduction of a 38-hour week and consequential variations;

(iv) anew classification for Trainee;

(v) broad-banding of various classifications.

In previous hearings1 in respect of this award I indicated my concern to the parties that the award was deficient with regard to some of the issues identified in the above items (i) to (iv). Whilst the award is still in need of further modernisation and rationalisation of award claims, it is pleasing to note that the parties have grasped the nettle to the extent that provisions included in the Federal Footwear Manufacturing and Component Industries Award, 1979, which has application to the majority of employees in this industry, have now found their way into this award.

Minimum Rates Adjustment

In my Reasons for Decision in matter T.3466 of 1991 relating to the 2.5 per cent August 1991 State Wage Case increase, I stated:

    " .. I am concerned that there has been such a delay in instigating the minimum rates adjustment in this award. I understand from the parties that this wi77 be attended to ..."

Mr Holden for the Union and Mr Clues for the Tasmanian Confederation of Industries (TCI) informed the Commission in this matter that the minimum rates adjustment process was by consent based on the establishment of relativities to the Tradespersons rate of $417.20. I endorse the minimum rates adjustment on that premise.

38-Hour Week
The introduction of a 38-hour week in the nominated Divisions of the award was predicated on a number of offsets aimed at minimising the cost impact as is required by the Standard Hours Wage Fixing Principle. These included an extension to the Span of Hours; the increase from 5 to 6 hours, in exceptional circumstances, before a meal break is taken where overtime is worked; reduction of 5 minutes for Rest Periods; overtime payments to commence where 10 minutes or more are worked beyond the period fixed for ceasing work, provided that the provision is not abused; the deletion of Travelling Time provisions.

Taken as a package I am satisfied that the consent arrangements proposed by the parties minimise the cost of the reduction in working hours. The award will be varied accordingly.

Trainee Classification
Mr Clues submitted that the introduction of this classification into the award would enable employers in this industry to engage trainees who, after a three month period would automatically progress to the classification in which they were training. The rationale put to the Commission was in essence that an untrained employee was not of the same value as an experienced employee and in the circumstances a training rate should be included in the award. This was supported by the Union.

I have decided to support this classification level and the definition for Trainee provided by the TCI.

Operative Date
The foregoing variations will operate from the beginning of the first pay period to commence on or after 10 February 1992.

The order will follow.

Occupational Superannuation
The provisions requested to be included in the award are in accordance with the Superannuation Wage Fixing Principle and are endorsed operative from the first pay period to commence on or after 1 January 1992.

It should be noted that the clause title will be shown as Occupational Superannuation. For uniformity, the title applicable to Division D and E has also been altered to include the word "Occupational".

The order is attached.

The parties are aware of my concern regarding this award as expressed earlier in this decision and with regard to its general lack of clarity and the confusion in some provisions as they relate to the various divisions of the award.

I recognise that the award has limited application, however I urge the parties, commensurate with the second minimum rates adjustment, to provide an appropriate draft order remedying the shortcomings inherent in the above comments.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr D. Capstick for The Amalgamated Footwear and Textile Workers Union of Australia, Tasmanian Branch.
Mrs H. Dowd for the Federated Clerks Union of Australia, Tasmanian Branch.
Mr S. Clues for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1992:
Hobart
February 10

1 T.3392 of 1991 - Structural Efficiency Principle - Second Stage
   T.3466 of 1991 - State Wage Case August 1991 - 2.5% increase