T5455 and T6585
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Automotive, Food, Metals, Engineering, AUTOMOTIVE INDUSTRIES AWARD
Award variation - structural efficiency - major restructuring and rationalisation of conditions - insertion of supported wage provision - order issued - operative ffpp 22.4.97 REASONS FOR DECISION Application T5455 of 1995 by the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (the AFMEPKIU), which commenced before Commissioner Gozzi in April 1995, was for the purpose of effecting a major restructuring and rationalisation of the conditions of the Automotive Industries Award which covers a broad and complicated array of activities. Those activities range from service station operation to driving school instruction, from motor vehicle repairer to motor vehicle seller. By way of Application T6585 of 1996 the AFMEPKIU sought to include the common provisions for the supported wage system established by a full bench of the Commission on 15 March 19961. After a number of hearings and conferences in the Commission and outside the Commission, the parties were able to present an agreed draft order which covers areas originally regarded as contentious and many other areas of less contention. The Definitions clause is re-arranged to separate General Definitions from Classification Definitions and Classification Structured Definitions. New or revised definitions were agreed for: Automotive parts interpreter (specialist) The supported wage provision is inserted at Clause 8 - Wage Rates. The Annual Leave clause is varied to exclude the commission earnings of vehicle salespersons from payments when proceeding on annual leave. The Compassionate Leave clause is varied to allow leave on the death of a grandchild. Clause 17 - Holiday Work, which provides for payment to be at the rate of double time and a half, has been varied to include the proviso applying to clerical classifications and sellers of motor vehicle parts and accessories which requires a minimum payment as for four hours. The Hours provisions which previously had been contained in four clauses are now amalgamated into Clause 18, and they cover all employees with the exception of Motor Vehicle Salesperson and Commercial Traveller. The Occupational Superannuation clause has been revised to reflect the current standards and the parties have reserved the right to address this matter more fully at a later stage. Overtime provisions have been rationalised and the conditions set out in Clause 22 now apply to all employees with the exception of Motor Vehicle Salespersons or Commercial Travellers. A revised Rest Period clause has been agreed which will apply to all employees, with the exception of Motor Vehicle Salespersons. It provides a ten minute rest break between the start of work and the midday meal break. Afternoon tea is to be taken at the work station without the cessation of work. A rest period is not to apply on a Saturday morning for persons classified as Clerical Employees or Sellers of Automotive Replacement Parts and Accessories. Work on Saturday is provided for in Clause 29, which applies to all employees with the exception of employees classified as Commercial Traveller or Motor Vehicle Salesperson. Clerical Employees and Sellers of Motor Vehicle Replacement Parts and Accessories working in premises normally open for business on Saturday morning are to be entitled to payment at double time with a minimum payment of 2 hours worked; provided that an employee engaged prior to the first full pay period commencing on or after 9 January 1989 shall be entitled to a minimum payment of 3 hours worked. Where premises are not open for normal business the payment is to be at the rate of time and a half for the first 2 hours and double time thereafter. Sunday Work payment is to apply to all employees other than those classified as Commercial Traveller or a Motor Vehicle Salesperson. The payment is to be at double time; provided that clerical employees and Sellers of Motor Vehicle Replacement Parts are to receive a minimum payment as for four hours worked. A new provision has been agreed dealing with Travelling, Accommodation and Use of Motor Vehicles for all employees other than Commercial Travellers who have special conditions to apply where they provide their own vehicle for work purposes. Conditions for Vehicle Salespersons are set out in a new clause. Those conditions relate to the calculation of wages; commission payments; contract of employment; casual employment; part-time employees; days off; meal allowance; payment of wages; travelling allowances; use of motor vehicles; work on a Sunday and work on Holidays and Days Off. Preference of Employment and Preference on Retrenchment clauses have been deleted from the award having regard to the provisions of the Act as amended in 1992. This consent document is a major step in the restructuring of this award and is the result of the persistent efforts of all parties. I am informed that further rationalisation of the award is likely in the near future. The exercise conforms to the requirements of the Commission's Wage Fixing Principles and has no negative impact on the public interest tests established by way of section 36 of the Act. Accordingly the award will be varied in the terms of the consent document. The order [Correction Order] which is attached is to take effect form the first full pay period to commence on or after 22 April 1997.
F D Westwood Appearances: Date and place of hearing: Before President Westwood: |