TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Confederation of Industries
(T.3726 of 1992)

ICE CREAM MAKERS AWARD

Wage Rates - State Wage August 1991 - Structural Efficiency Principle Minimum Rates Adjustment Principle

REASONS FOR DECISION

This was an application made by the Tasmanian Confederation of Industries (the Confederation) for variations to be made to the Ice Cream Makers Award (the Award) consistent with the Structural Efficiency Principle (SEP) and the Minimum Rates Adjustment (MRA) process. It is a continuation of SEP changes commenced in matters previously before the Commission.1

In its submissions at the hearing the Confederation advised that the proposed amendments to the Award had been agreed between the parties after lengthy negotiations. There was in fact only one employer involved, the Peters Ice Cream Company.

The SEP changes proposed included:

. the deletion of any references to clerks leaving only production classifications specified in the Award.

. the inclusion of a reference to the incidental "manufacture of pastry and pastry products" in the scope clause

It was submitted that this process was a necessary part of the Company's frozen foods operations and there was no attempt to move into pastry work generally.

. A new graded list of classifications made up of four levels specified in detail in the proposed new definitions clause. The details for each level were listed under five headings (a) Entry Criteria, (b) Induction Training, (c) General, (d) Indicative Skills/Duties and (e) Promotional Criteria.

Level Four was allocated a relativity percentage of 100% to which the other three levels were tied (at 82%, 87.4% and 92.4% respectively). It was noted that with the full implementation of the MRA, the wage rate allocated to Level Four would equate to that of a tradesman in say the Federal Metal Industry Award.

· The Wage Rates clause also included a provision for Supplementary Payments which clause in turn specified full absorption into existing overaward payments.

As to the introduction of the MRA the Confederation also proposed a four step process with the first step being introduced with this application.

The Confederation confirmed (in the absence of the Federated Clerks Union of Australia, Tasmanian Branch) that discussions had been held and undertakings given so that the FCU was agreeable to the proposals in this matter: correspondence to that effect from the FCU was read into transcript.

The Confederation sought for the proposed amendments to the Award to operate from the first full pay period to commence on or after the date of the hearing, 16 April 1992.

The Federated Miscellaneous Workers Union, Tasmanian Branch (the FMWU) confirmed its agreement to the Confederation's proposals which had followed earlier discussions between the parties. The FMWU advised that the proposed classification structure was similar to that already settled interstate.

The FMWU also agreed to the operative date sought by the Confederation.

I am satisfied that the changes agreed and proposed by the parties in this matter are appropriate and consistent with the present Guidelines of the Commission: the Award will be amended as requested operative from the first full pay period commencing on or after 16 April 1992.

Once the clerical classifications have been removed from the Award it will be for the FCU to apply to have its interest in the Award deleted in the appropriate manner.

An order is attached.

PA Imlach
COMMISSIONER

Appearances:
M Sertori for the Tasmanian Confederation of Industries.

K Dando for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.

Date and place of hearing:
1992
Launceston
April 16

1 T3238 et al