TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

Automotive, Food, Metals, Engineering,
Printing & Kindred Industries Union
(T5574 of 1995)

Tasmanian Chamber of Commerce and Industry Limited
(T6095 of 1996)

SHIPBUILDERS AWARD

Award variation - structural efficiency - applications approved - operative ffpp on or after 18.4.96

REASONS FOR DECISION

As a consequence of continuing discussions between the parties to this award and following decisions in Matters T5574 and T5576 of 1995 concerning, amongst other things, the classification structure of Division A1 and the removal of clerical classifications2 from the award, the Tasmanian Chamber of Commerce and Industry Limited (the TCCI) lodged an application, T6095 of 1996, to vary the award in relation to other specific issues. The application was joined with Matter T5574 to conclude this particular award restructuring exercise.

Application T6095, as amended, sought to extend from 5 to 6 hours, by agreement between the employer and employee(s), the number of ordinary hours which may be worked before a meal break is taken. It also sought to provide for time off with pay to be taken in lieu of payment for overtime worked.

Ms Thomas for the TCCI, tendered Exhibit T1, which set out the full restructuring proposals which had the consent of the parties. Those proposals were:

(i) to rework the provision dealing with the calculation of an annual leave loading equivalent for employees engaged in the dunnaging of ships' holds;

(ii) to correct the title of the safety, health and welfare legislation in the Amenities and First Aid Equipment provisions, clauses 9 and 16 respectively;

(iii) to insert a new subclause in the Holidays with Pay clause to allow the employer and employee(s) to agree on an alternative date for a paid holiday;

(iv) to insert a Right of Entry clause in keeping with the Industrial Relations Act 1984; and

(v) to insert a new superannuation provision which conformed with current legislation.

The parties submitted that the amendments reflected the requirements of the Structural Efficiency Principle and were not against the public interest as set out in section 36 of the Industrial Relations Act 1984.

The two matters contained in Application T6095 which were said to require arbitration were discussed in conference during which a mutually satisfactory resolution was achieved and the parties were able to advise the Commission of the consent to the Chamber's amended application.

I am satisfied that this package of amendments will improve productivity and efficiencies in the shipbuilding industry and that they are in the public interest. Accordingly the award will be amended in the manner sought by the parties with effect from the first full pay to commence on or after 18 April 1996.

F D Westwood
PRESIDENT

Appearances:
Mr S Walsh (15.12.95) and Mr P Baker (1.2.96 and 26.2.96) for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr T Benson for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1995
Hobart:
December 15
1996
Hobart:
February 1, 26

1 20 February 1996
2 21 February 1996