|
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.23 application for award or variation of award
Australian Municipal, Administrative, Clerical and Services Union
(T7906 of 1998)
PRODUCE AWARD
| DEPUTY PRESIDENT R J WATLING |
HOBART, 6 October 2000 |
Award variation - application amended - consent matter - give effect to Principles 2 and 12 - award varied
REASONS FOR DECISION
On 11 August 1998 an application was lodged by the Australian Municipal, Administrative, Clerical and Services, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Produce Award.
This matter came on for hearing on 23 September 1998; 4 November 1998, 4 October 1999, 13 October 1999, 23 November 1999, 9 December 1999 and 16 December 1999.
During the course of the hearing on 23 November 1999, Mr I Paterson, on behalf of the applicant, sought and was granted leave to amend the application,1 to vary the award to give effect to:
"1. principle 2 Structural Efficiency of the 1999 State Wage Case decision;
2. principle 5 Minimum Rates Adjustment of the 1999 State Wage Case decision;
3. principle 16 Award Review Process of the 1998 and 1999 State Wage Case decisions."
The hearing on 16 December 1999 proceeded by way of private discussions. At the conclusion of the conference the parties requested the hearing be adjourned sine die to enable final documentation to be completed.
That request was granted.
The matter was relisted for hearing on 5 September 2000 and 3 October 2000.
At the commencement of the hearing on 3 October 1999, Mr Paterson, on behalf of the applicant, sought and was granted leave to further amend the application2 to vary the award to give effect to:
"Principle 2 - Previous State Wage Cases, of the Wage Fixing Principles specifically previous decisions relating to Structural Efficiency and minimum rates adjustments; and
Principle 12 - Award Review Process of the Wage Fixing Principles."
Mr Paterson, with the consent of all parties to the award, tendered a draft Order which, among other matters:
- contained the first of three minimum rate adjustments (MRA);
- reformatted the award consistent with the Commissions requirements;
- removed discriminatory provisions;
- removed obsolete or amended inaccurate award provisions;
- updating Clause 6 - Parties and Persons Bound (Award Interest);
- attempted to express the award in plain English.
A complete summary of the award variations can be seen in Appendix 2 attached to this decision.
Insofaras the minimum rate adjustment process is concerned, Mr Paterson tendered Exhibit ASU 4 which outlined the agreed movements for the third and fourth MRA's.
Having heard the submissions and noting the degree of unanimity of the parties, I am satisfied that the application is consistent with the Wage Fixing Principles and does not offend the public interest. Therefore, the award will be varied in the manner sought, from the following operative dates:
- The variations contained in Appendix 1 from the first full pay period commencing on or after 3 October 2000;
- The variations contained in Appendix 2 from the first full pay period commencing on or after 3 October 2000;
The Order giving effect to this decision is attached.
It should also be noted that the Order arising out of this decision also contains the Order arising out of T8963 of 2000 which deleted obsolete training provisions and has an operative date from the first full pay period commencing on or after 7 September 2000.
R J Watling
DEPUTY PRESIDENT
Appearances:
Mr I Paterson (23.9. 98, 4.11.98, 4.10.99, 13.10.99, 23.11.99, 9.12.99, 16.12.99, 5.9.00 and 3.10.00) for the Australian Municipal, Administrative, Clerical and Services Union
Mr R Flanagan (23.9. 98, 4.10.99, 13.10.99, 23.11.99, 9.12.99, 16.12.99, 5.9.00 and 3.10.00) for The Australian Workers' Union, Tasmania Branch
Mr J Long (4.10.99) Mr B White (13.10.99) Mr A Benson (16.12.99) for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr P Richardson (23.11.99) with Mr D Strickland (13.10.99 and 23.11.99) Mr C F Van Buren (16.12.99) Mr R Flanagan (5.9.00) for National Union of Workers, Tasmanian Branch
Mr P Noonan (23.11.99, 9.12.99 and 16.12.99) of the Shop, Distributive and Allied Employees Association, Tasmanian Branch
Mr T Edwards (23.9.98) Mr A Flood (4.11.98, 4.10.99, 13.10.99, 23.11.99, 9.12.99, 5.9.00 and 3.10.00) Mr D Dilger (16.12.99) and Mr P Mazengarb (4.10.00) for the Tasmanian Chamber of Commerce and Industry Limited and for The Hop Producers' Association of Tasmania
Date and place of hearing:
1998
September 23
November 4
Hobart
1999
October 4, 13
November 23
December 9, 16
Hobart
2000
September 5
October 3
Hobart
APPENDIX 1
Comparative Schedule of Old Classifications to New Broad banded Wage Group Levels
Upon the commencement of this award, an employer is required to translate old classifications under the previous award to new classification levels under this award by using this schedule as a guide.
| Old Classification |
New Level |
| Accountant or chief clerk |
8 |
| Assembler |
3 |
| Auctioneer |
3 |
| Brander |
3 |
| Breaker-out for shipment or show purposes |
3 |
| Classer of hides |
3 |
| Classer of sheepskins or furs |
3 |
| Clerk in charge of and responsible for -
5 or more employees
3 or 4 employees
- 2 employees |
7
6
6 |
| Clerks - 1st year of experience
- 2nd year of experience
- 3rd year of experience
- 4th year of experience
- 5th year of experience
- 6th year of experience |
3
4
5
6
6
6 |
| Commercial traveller - country traveller
- town or local traveller
- probationary traveller |
6
5
3 |
| Driver - up to 12 tonnes |
4 |
| Employee handling green rabbit skins |
3 |
| Employee handling green sheep skins or hides |
3 |
| Employee in and responsible for an outstore |
4 |
| Employee in charge of dumping press |
3 |
| Employee in charge of hide section |
4 |
| Employee in charge of sampling grain |
3 |
| Employee in charge of show floor or inter-lotting |
4 |
| Employee in charge of skin press |
3 |
| Employee stacking or carrying grain |
3 |
| Employee weighing, shipping or receiving |
3 |
| Employees on grain cleaners or graders |
3 |
| Engine driver |
4 |
| Field serviceman mechanic |
6 |
| Fitter and/or motor mechanic |
6 |
| General salesperson |
4 |
| Head furred skin classer |
4 |
| Head sheep skin and rabbit skin classer |
4 |
| Head shipping clerk |
4 |
| Leader of gangs |
3 |
| Loader |
2 |
| Mobile press operator |
3 |
| Motor driver's assistant |
2 |
| Operator hand press in bailing reclassed wool |
3 |
| Operator of motor driven fork lift |
3 |
| Outside salesman of implements or tractors |
5 |
| Overseer or overlooker - 2 or more |
5 |
| Salesman of spare parts or tractors |
4 |
| Sheetman |
3 |
| Spare parts storeman (not serving customers) |
3 |
| Storeman and packer |
4 |
| Tradesman's assistant |
1 |
| Wool presser |
3 |
| Wool sorting in wool stores |
4 |
| Woolclasser |
6 |
The variations contained in Appendix 1 from the first full pay period commencing on or after 3 October 2000
APPENDIX 2
SUMMARY OF CHANGES TO THE PRODUCE AWARD
| Previous Award Clause |
New Award |
| |
Except where specific reference is made to categories of employees, clauses are standardised |
| |
New Part format as per index |
| |
New provision for Carer's Leave |
| 1.Title |
|
| 2.Scope |
Renumbered PART I - Application and Operation of the Award, Clause 3 |
| 3.Arrangement |
titled |
| 4.Date of Operation |
|
| 5.Supersession and Savings |
Renumbered PART I - Application and Operation of the Award , Re-titled Clause 6 - Supersession - Proviso deleted |
| 6.Parties and Persons Bound |
Renumbered PART I - Application and Operation of the Award, Re- titled Clause 5 - Award Interest |
| 7.Definitions |
Incorporated in other clauses |
| 8.Wage Rates |
Renumbered PART III - Wage Rates and Related Matters, Clause 1 - Wage Rates
Junior rates broad banded to two rates
Insert minimum rates adjustments
Part III - Wage Rates and Related Matters - new Clause 2 - Classification Descriptors; Broad banded Classifications |
| CONDITIONS FOR EMPLOYEES IN DIVISION A - STOREMEN |
|
| 9.Annual Leave |
Renumbered PART VI - Leave and Holidays With Pay, Clause 1 |
| 10.Casual Hands |
Renumbered PART II - Employment Relationship and Associated Matters, Clause 2 |
| 11.Cold Places |
Renumbered PART IV - Allowances, re-titled Clause 1 - Cold Places Allowance |
| 12.Compassionate Leave |
Renumbered PART VI - Leave and Holidays With Pay, Re titled Clause 2 - Bereavement Leave |
| 13.Consultative Procedures |
Renumbered PART VII - Consultation and Dispute Resolution, Clause 1 |
| 14.Dust Allowance |
Renumbered PART IV - Allowances, Clause 2 |
| 15.Engagement and Termination Thereof |
Incorporated into PART II - Employment Relationship and Associated Matters, Clause 1 - Contract of Employment |
| 16.Enterprise Flexibility |
Renumbered PART VII - Consultation and Dispute Resolution, Clause 2 |
| 17.Estimating Service |
Deleted |
| 18.Existing Practices |
Deleted |
| 19.First Aid |
Renumbered PART IV - Allowances, Re-titled Clause 4 - First Aid Allowance |
| 20.Holidays and Sunday Work |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 2 |
| 21.Holidays with Pay |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 3 |
| 22.Hours |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 1 - Hours, subclause (a) |
| 23.Meal Allowance |
Renumbered PART IV - Allowances, Clause 5 |
| 24.Meal, Rest Periods and Rates of Pay |
Renumbered PART IV - Allowances, Clause 3 |
| 25.Mixed Functions |
Renumbered PART III - Wage Rates and Related Matters, Re titled Clause 4 - Higher Duties |
| 26.Notice Board |
Renumbered PART IX, Clause 1 |
| 27.Overtime Rates |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 4 |
| 28.Parental Leave |
Renumbered PART VI - Leave and Holidays With Pay, Clause 5,New standard clause |
| 29.Payment of Wages |
Renumbered PART III - Wage Rates and Related Matters, Clause 5 |
| 30.Posting of Award |
Renumbered PART IX - Award Compliance and Union Related Matters, Clause 2 |
| 31.Precautions When Handling Dead Wool |
Renumbered PART VIII - Occupational Health and Safety, Tools and Amenities, Clause 1 |
| 32.Protective Clothing |
Renumbered PART VIII - Occupational Health and Safety, Tools and Amenities, Clause 2 |
| 33.Right of Entry |
Renumbered PART IX - Award Compliance and Union Related Matters, Clause 4, Re worded |
| 34.Settlement of Disputes |
Renumbered PART VII - Consultation and Dispute Resolution, Clause 3 |
| 35.Shift Work |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 7 |
| 36.Shop Stewards |
Renumbered PART III - Wage Rates and Related Matters, Clause 1 |
| 37.Sick Leave |
Renumbered PART VI - Leave and Holidays With Pay, Clause 6 |
| 38.Smoke-Oh's During Overtime |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Re-titled Clause 5 - Rest Periods During Overtime |
| 39.Superannuation |
Renumbered PART III - Wage Rates and Related Matters, Clause 6, Simplified provision, exemptions deleted |
| CONDITIONS FOR EMPLOYEES IN DIVISION B |
|
| AUCTIONEERS, TRAVELLERS AND SELLER OF AGRICULTURAL MACHINERY AND/OR EQUIPMENT |
|
| 40.Fares and Expenses |
Renumbered PART IV - Allowances, Clause 3 |
| 41.General Conditions |
Deleted |
| 42.Holiday and Sunday Work |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 2 |
| 43.Hours |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 1 - Hours, subclause (b) |
| 44.Mixed Functions |
Renumbered PART III - Wage Rates and Related Matters, Re titled Clause 4 - Higher Duties |
| 45.Occupational Superannuation |
Renumbered PART VI - Leave and Holidays With Pay, Clause 6 |
| 46.Overtime Rates |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 4 |
| 47.Part-time Employees |
Renumbered PART II - Employment Relationship and Associated Matters, Clause 3 |
| 48.Payment of Wages |
Renumbered PART III - Wage Rates and Related Matters, Clause 5 |
| 49.Sick Leave |
Renumbered PART VI - Leave and Holidays With Pay, Clause 6 |
| 50.Trainee Sales Assistant (as defined) |
Deleted |
| CONDITIONS FOR EMPLOYEES IN DIVISION C |
|
| CARTERS, DRIVERS AND ENGINE DRIVERS |
|
| 51.General Conditions |
Deleted |
| 52.Hours |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 1 - Hours, subclause (c) |
| 53.Sick Leave |
Renumbered PART VI - Leave and Holidays With Pay, Clause 6 |
| CONDITIONS FOR EMPLOYEES IN DIVISION D - CLERKS |
|
| 54.Estimating Service |
Deleted |
| 55.General Conditions |
Deleted |
| 56.Hours of Work |
Renumbered PART VI - Leave and Holidays With Pay, Clause 1 - Annual Leave, subclause (d) |
| 57.Occupational Superannuation |
Renumbered PART VI - Leave and Holidays With Pay, Clause 6 |
| 58.Overtime |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Clause 4 |
| 59.Part-time Employees |
Renumbered PART II - Employment Relationship and Associated Matters, Clause 3 |
| 60.Payment of Wages |
Renumbered PART III - Wage Rates and Related Matters, Clause 5 |
| 61.Saturday Work |
Renumbered PART V - Hours of Work, Penalty Payments and Overtime, Re titled Clause 6 - , Saturday Work - Clerks Only |
| 62.Saving |
Deleted |
| 63.Sick Leave |
Renumbered PART VI - Leave and Holidays With Pay, Clause 6 |
| 64.Trainee Clerk (as defined) |
Deleted |
The variations contained in Appendix 2 from the first full pay period commencing on or after 3 October 2000
APPENDIX 3
Variations to remove all obsolete training provisions - (arising out of Full Bench Decision T8963 of 2000, dated 7 September 2000)
The variations contained in Appendix 2 from the first full pay period commencing on or after 7 September 2000
1 Exhibit ASU 1
2 Exhibit ASU 2 |
