T6647
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia PLUMBERS AWARD
Award variation - first safety net adjustment - increase expense related allowances - correction of cross referencing in parental leave clause - consent matter - application granted - operative ffpp 21 May 1997 REASONS FOR DECISION This was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for variations to be made to the Plumbers Award (the Award). At the hearing the Union produced a draft order reflecting the variations it was seeking which comprised:- · the implementation in the award of the first $8.00 per week arbitrated safety net adjustment (SNA), introduced by the Commission in matter T4692 of 1993 · proportionate increases to work related allowances provided in the Award on the basis of the $8.00 per week SNA; and · increases in the expense related allowances provided in the Award based upon the formula for such increases known in the jurisdiction of the Australian Industrial Relations Commission (the AIRC) as the 'Ludeke' formula. The Union submitted that the variations claimed ought to be granted because they came within all the relevant requirements of the Wage Fixing Principles of the Commission. The Union noted in particular the traditional connection between the Award and its Federal counterpart, the Plumbing Trades (Southern States) Construction Agreement 1979 (the Federal counterpart), where historically movements in the award often followed similar movements in the Federal counterpart. This connection was a major factor in the timing and nature of this application in that award restructuring negotiations (which, under the Commission's Wage Fixing Principles, were a contingency upon which the granting of this application depended) and hearings surrounding the Federal counterpart had been taking place over a protracted period and any appropriate changes emanating would be eventually applied to the Award. As to the claimed work related allowances increases, the Union advised that, as well as reflecting increases proportionate to the $8.00 per week SNA, they were the same as those currently provided in the Federal counterpart. As to the claimed expense related allowances increases the union advised that the total amounts also were the same as those currently provided in the Federal counterpart and they were based upon percentage increases granted in the Federal counterpart and under the 'Ludeke' formula which was itself based upon relevant increases in the Australian Bureau of Statistics Consumer Price Index. The Union noted that for three specific allowances (First Aid, Leading Hand and Tools and Equipment) the application of the 'Ludeke' formula did not result in the same amounts specified in the Federal counterpart, they were a little less. The Union said that it would address that anomaly at a later time. In support of its submissions the Union produced as exhibits: · Extracts from the Australian Bureau of Statistics Consumer Price Index publications specifically relating to the June quarters for 1993, 1994, 1995 and 1996; · Relevant calculations for each annual Consumer Price Index increase; and · Copies of the variations implemented in the Federal counterpart as a result of those four June quarter Consumer Price Index increases. The Tasmanian Chamber of Commerce and Industry (the Chamber) advised its consent to the proposed draft order and also submitted that the application complied with the requirements of the Industrial Relations Act 1984 and the Wage Fixing Principles of the Commission. The Chamber noted that there were moves in the industry for the introduction of enterprise bargaining The parties agreed that a cross-reference error in Clause 19 Parental Leave of the Award be corrected. The parties also agreed that the variations sought ought to come into operation from the first full pay period to commence on or after 21 May 1997. I accept the submissions of the parties and I am satisfied that the application complies with the requirements of the Act and the Wage Fixing Principles of the Commission. The Award will be varied as requested from the first full pay period to commence on or after 21 May 1997. An order is attached.
P A Imlach Appearances: Date and place of hearing:
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