T2332_T4325
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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Woolclassers' Association of Australia
Australian Workers' Union
SHEARING INDUSTRY AWARD
Award variation ‑ first award ‑ wage rates and conditions of employment ‑ consent matter ‑ award varied ‑ ffpp 16 August 1993
REASONS FOR INTERIM DECISION
On 27 April, 1990, the Commission handed down a decision arising out of application T.2332 of 1990, which granted an application made by the Woolclassers' Association of Australia to make a new award known as the Shearing Industry Award.
Having determined that principal matter the following organisations sought and were granted an interest in the award. They are:
1. the TFGA Industrial Association (T.2423 of 1990);
2. the Australian Workers' Union, Tasmania Branch (T.2461 of 1990); and
3. the Woolclassers' Association of Australia (T.2464 of 1990).
Those organisations, having been granted an interest in the new award, then sought to present submissions to the Commission on its contents.
This decision arises out of the continuation of application T.2332 of 1990, made by the Woolclassers' Association of Australia and T.4325 of 1993, being an application made by the Australian Workers' Union, Tasmania Branch.
The parties presented the Commission with an agreed position on wage rates and conditions of employment for Shearers, Shed Hands, Woolpressers, Cooks and Woolclassers (as defined).
They also informed the Commission that the contents of the award were very similar and in most cases identical, to the awards of the Australian Industrial Relations Commission prevailing in this industry.
Even though the Commission expressed some concern about the outdated verbage contained in the agreed draft award, nevertheless, the parties requested the Commission to endorse the draft as presented.
Without going into the finer detail of all the submissions presented I make the following observations in relation to the agreed draft award:
1. Clause 2 ‑ Scope has been varied to provide a number of exemptions to the award;
2. the wage rates appearing in Clause 8 ‑ Wage Rates, Division A, are only interim rates and will be subject to further review pending the outcome of an application before the Australian Industrial Relations Commission relating to the Economic Incapacity Principle contained in the Wage Fixing Principles;
3. the wage rates appearing in Clause 8 ‑ Wage Rates, Division A, contain the 2.5% arising out of the State Wage Case August 1991 decision and the first minimum rates adjustment arising out of the State Wage Case November 1989;
4. even though the contents of the agreed draft award were virtually identical to the awards of the Australian Industry Relations Commission for this industry, it was emphasised by Mr Rice, of the TFGA Industrial Association, that it was not the intention of the organisation that he represented, to create an unbreakable nexus with those federal awards. The union parties to the award were put on notice by the TFGA Industrial Association that they may, at some stage in the future, wish to review certain aspects of the award via a separate application.
It was emphasised that this agreement was to get the award `up and running' and would provide a starting point for any review which may take place in the future.
5. Clause 8 ‑ Wage rates, Division B, does not contain the 2.5% wage increase arising out of the State Wage Case August 1991.
During the course of this hearing, I expressed some concern that the agreed draft award did not appear to have undergone the award modernisation process and many of the clauses contained therein were difficult to interpret and left a lot to be desired, especially in relation to Division A ‑ Shearers, Shed Hands, Woolpressers and Cooks.
I note the submissions of the parties that this is the first award within the Tasmanian jurisdiction for this industry, and as such, was only the starting point which reflects the current arrangements in the industry. I hope at some stage in the future the contents of the award may be considered in greater depth and rewritten in such a way as to make it user friendly.
Having heard the submissions of the parties and appreciating their desire to establish this new award, I am prepared to endorse the contents of Exhibit C2 as the wage rates and conditions of employment for the shearing industry in this State.
Nothing was put to me during the course of the hearing that would have me arrive at the conclusion that the contents of Exhibit C2 were contrary to the Wage Fixing Principles or the Public Interest requirements of the Act.
This decision is an interim one as it has been foreshadowed that further consideration may need to be given to Clause 8 ‑ Wage Rates, Division A, pending the outcome of a decision before the Australian Industrial Relations Commission.
That being the case, these applications will remain open, however, they will be adjourned sine die.
The Order giving effect to this decision is attached and will be operative from the first full pay period on or after 16 August 1993.
R J Watling
Appearances:
Date and place of hearing: June 16 July 30 |