T8787
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TASMANIAN INDUSTRIAL COMMISSION Decision Appealed - See T8874 and Correction Order - T8874 Industrial Relations Act 1984 Australian Municipal, Administrative, Clerical and Services Union THE D.W. & C.L. SNARE LAUNCESTON AIRPORT
Industrial agreement - application approved - agreement operative for 3 years commencing 16.1.2000 - forwarded to Acting Registrar for registration REASONS FOR DECISION This application was lodged by the Australian Municipal, Administrative, Clerical and Services Union and David W & Carolyn L Snare pursuant to section 55 of the Industrial Relations Act 1984, seeking approval of The D.W. and C.L. Snare Launceston Airport Ground Handling Agreement, 2000. When the matter came before the Commission for hearing, Mr Dodds represented the union and Mr Gozzi appeared on behalf of D W and C L Snare. Ms Kalamistrakis applied for leave to intervene pursuant to section 27(5) of the Act. She submitted that she represented persons with an interest in the agreement who had been informed that they would be subject to the agreement and she produced an authority dated 11 January 2000 from a person to be employed by D W and C L Snare, informing the Commission that she had been asked to act as agent in the commission "in any matters relating to (that person's) intended employment". Mr Gozzi did not support the application to intervene and he submitted that all prospective employees had been informed as to the contents of the agreement and had accepted employment on that basis. He explained that drafts of the agreement were posted on notice boards in three different locations and copies were "left on tables in the lunch room". Mr Dodds however supported Ms Kalamistrakis' application which was granted. The application was adjourned following lengthy discussions, to allow the parties time to discuss concerns raised by the intervener and to allow the intervener to discuss the proposed agreement in more detail with those she represented. When the hearing resumed the parties handed up an amended copy of the agreement. Mr Dodds informed the Commission that in August 1998 Ansett Australia decided to withdraw from servicing "the country towns of Launceston and Hobart" in favour of a "wholly owned subsidiary, Kendell Airlines". In the case of Launceston, three "bid teams" of Ansett employees were established to tender for the Launceston ground handling services. The bids were submitted to Kendell and D W and C L Snare were successful. Kendell was to commence operations at Launceston Airport on 16 January 2000. His organisation had endeavoured to maintain "at least some minimum (industry) standards", Mr Dodds submitted. The agreement relies on conditions in the Clerical and Administrative Employees (Private Sector) Award, where it is silent. The agreement provides for two classifications of customer service officer, level 1 being for those involved in "ramp operations". Level 2 is to apply to those involved in "counter-type operations" such as reservations, issue of tickets and dealing directly with passengers. Mr Dodds tendered Exhibit D1, a copy of a letter from D W and C L Snare to the Branch Secretary of the Australian Municipal, Administrative, Clerical and Services Union, Tasmanian Branch, confirming that understanding. Level 3 is to apply to supervisory positions. The rates of pay are to be adjusted in accordance with any State Wage Case decisions applicable to the Clerical and Administrative Employees (Private Sector) Award. The agreement provides for junior and traineeship rates. Salaries have been annualised and take into account the seven day a week operations of the industry. Employees are not to work more than 35 Saturdays or 35 Sundays per year. A Higher Duties Allowance is to apply; after two hours payment is to be at the higher rate for the entire shift. The agreement establishes an appraisal system; it provides for compassionate leave, sick leave, jury service, leave for training courses, seminars, examinations and trade union meetings, as well as carers and parental leave. The spread of hours is between 5.30 a.m. and 9.00 p.m. and the roster of hours is attached to the agreement as Schedule 1. Overtime and minimum break conditions are included. A mandatory probationary period of three months is contained in the agreement. Other allowances dealt with include a motor vehicle allowance, meal allowance, first aid allowance, coffin allowance, and an allowance for handling night soil and/or cleaning aircraft. The agreement requires the employer to endeavour to fill vacant positions from internal applicants. Any unsuccessful internal applicants are to be offered "feed back" as to why they were unsuccessful. The industry accepted stand down clause is also included. The intervener confirmed that some changes had been negotiated but informed the Commission that, preferably, "the agreement should have mirrored the federal agreement" applying at the time of the changeover. Mr Gozzi submitted that the parties had regard to the wage fixing principles in the negotiating process. He emphasised that it was the intention that level 1 ramp operators may be required to answer telephone calls and perform some routine tasks normally undertaken by level 2 employees. An operative date of 16 January 2000 was sought which was the date on which D W and C L Snare was to commence its operations at Launceston Airport. I informed the parties and the intervener that I considered the agreement to be in the public interest and that I was satisfied that the wage fixing principles in respect of enterprise bargaining had been observed. I confirm those observations and approve the agreement which is effective from 16 January 2000 and is to remain operative for a period of three years. Pursuant to section 56 the agreement is referred to the Acting Registrar for registration.
F D Westwood Appearances: Date and place of hearing: |