TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T.4927 of 1994)

CEMENT MAKERS AWARD

Wage rates - structural efficiency principle - minimum rates adjustment principle - new classification structure

REASONS FOR DECISION

This was an application for a variation to the Cement Makers Award (the Award) made by the Tasmanian Chamber of Commerce and Industry Limited (the Chamber).

In fact the Award covers the one and only cement maker in the jurisdiction of the Commission, the Goliath Portland Cement Company Ltd of Railton in the North West of the State (the Company).

The application was made under the Structural Efficiency Principle and included a number of major changes to the format and provisions of the Award.

Negotiations between the parties for the restructuring of the Award took place over a considerable period of time both before and after the lodging of the application by the Chamber. Five hearings were held in both Hobart and on site at the Company's cement works, Railton, mainly to hear reports on the progress of negotiations and to assist in settlement.

Finally, on 13 July 1994, the parties advised the Commission that full agreement had been reached on the form of the amendments proposed for the Award.

The main items of agreement were as follows:

• Amendments to the definitions and wage rates clauses of the Award introducing new classifications and grades for all employees matched by detailed definitions of the responsibilities, skills and duties for each grade.

  Apart from special provisions for junior employees and apprentices there were to be three classes of employees only, production, maintenance and administration.

• Arising from the deletion of previous divisions in the Award and the "across the board" application to all employees of most conditions of employment a number of consequential deletions and amendments were made thus simplifying and streamlining the Award.

As part of the agreement between the parties an explanatory document and a translation document were also drawn up. These two documents confirmed various changeover arrangements and detailed explanations as to the changes resulting from the Award variation and further changes agreed for the future. In particular, amongst all the items contained in the two documents (relating to one item only) was a provision for an unresolved issue to be referred to the Commission for arbitration. It was noted at the final hearing and is confirmed now, that such access is available to the parties at any time on any subject covered by the Award variations or the explanatory and translation documents.

It should be noted that all these Award changes and other industrial settlements have taken place in the context of major investments by the Company at its Railton works and in its shipping division resulting in the introduction of new and modern plant and machinery which has dramatically upgraded the efficiency and production of the cement works in recent times. There has been also a reduction in the number of workers required to operate the whole enterprise.

The parties are to be congratulated that the major changes to date have been achieved by negotiated settlements and without serious industrial disputation.

All parties requested that the variation to the Award be made to commence from the first full pay period commencing on or after 19 May 1994. In view of the unanimity of the parties, the long period of fruitful negotiations and the significant changes involved, I endorse the agreed date of operation.

I am satisfied that the proposed variation to the Award is not against the public interest and it complies with the requirements of the Structural Efficiency Principle.

The Award will be amended as sought operative from the first full pay period to commence on or after 19 May 1994.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
G. Cooper with P. Mason and K. Jago for The AWU-FIME Amalgamated Union, Tasmania Branch.
M. Hill and G. Adams (28/3) with A. Bielman and B. Marney for the Automotive, Food, Metals and Engineering Union.
H. Dowd (23/2), A. Grubb (28/3) and D. Costello with D. Kenney for the Australian, Municipal, Administrative, Clerical and Services Union.
B. Hansch and J. Lynch with R. McCarthy for the Transport Workers' Union, Tasmanian Branch.
B. Best and B. Hansch (23/2) with T. Sutcliffe for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch.
K. Becker with B. Smith, G. Bannon and T. Russell for the Electrical, Electronic, Plumbing and Allied Workers Union of Australia.
P. Targett with A. Arnold and J. Nevine for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1994.
Hobart:
February 23.
March 28.
Railton:
May 2, 19.
July 13.