T10051
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union - SECURITY INDUSTRY AWARD
Award variation - Clause 7 - Definitions - Security Officer Level 2 - new subclause - x-ray monitoring and screening devices at airports - operative date 16 March 2002REASONS FOR DECISION [1] On 13 February 2002 an application was lodged by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (ALHMWU), pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Security Industry Award. [2] When this matter came on for hearing Mr P Tullgren appeared for the ALHMWU. Mr P Mazengarb appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI). [3] This application seeks to vary the definition for "Security Officer - Level 2", so as to specifically recognise the operators of walk through electro-magnetic detectors and x-ray imaging equipment in an airport environment, at this level. Currently the award is silent on this type of work. [4] Mr Tullgren tabled a statement of agreed facts.1 This statement covers in considerable detail the following areas in relation to this work.
[5] Mr Tullgren submitted that the work involved should be assessed at a higher level than a "Security Officer - Level 1". He referred in particular to the skills required and the need to make instant assessments, the training involved and the heavy emphasis on teamwork. [6] Mr Tullgren submitted that the application was consistent with the requirements of Clause 8, Work Value Changes, of the Wage Fixing Principles. He pointed out that there had been no previous assessment of this work and hence the avoidance of "double counting", as contemplated in Principle 8.4, was not an issue. [7] In support of his contention that Level 2 was appropriate, Mr Tullgren referred to decisions by Harrison SDP in respect of the Security Industry [NSW] Award;2 Larkin C in relation to the Security Employees {ACT] Award;3 and a Full Bench decision in relation to the Queensland Security Industry [Contractors] Award - State.4 These decisions had all assessed this type of work as falling at Level 2. [8] Mr Mazengarb advised that, following consultations with members, the TCCI was in a position to consent to the application. [9] The parties submitted that an agreed operative date of 16 March 2002 be approved. [10] I am satisfied that the application is consistent with both the Wage Fixing Principles and the public interest requirements of the Act. [11] The application is approved and the award is varied operative from 16 March 2002. [12] The Order reflecting this decision is attached.
Tim Abey Appearances: Date and Place of Hearing: 1 Exhibit A1 |