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T10930

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
(T10930 of 2003)

SECURITY INDUSTRY AWARD

 

COMMISSIONER T J ABEY

HOBART, 23 July 2003

Award variation - Clause 17 - new subclause (d) inserted - Aviation Security Allowance - approved - operative ffpp 18 July 2003

REASONS FOR DECISION

[1] On 1 July 2003 an application was lodged by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch, 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 Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch, and Mr P Mazengarb appeared for Tasmanian Chamber of Commerce and Industry Limited.

[3] This application seeks to vary the Award by including a new allowance in the following terms:

"By amending clause '17. GENERAL CONDITIONS' by inserting a new sub clause (d) as follows:

`(d) Aviation Security Allowance

An allowance of $0.97 cents per hour shall be paid to employees engaged in Aviation Security at Hobart Airport and Launceston Airport, or any facility within the boundaries of either airport.

For the purposes of this sub clause, Aviation Security means the provision of security services including, but not limited to, passenger, goods and/or baggage security including checked baggage screening services, control room functions, guarding and controlling access to designated areas, and general security of persons, property and buildings. Provided that Aviation Security does not include traffic control (including curb side traffic management), car parking services, or any other function for which a valid security license is not required."

[4] Mr Tullgren submitted that this application was pursued pursuant to Principle 9 relating to Work Value Changes. In particular he submitted that changes imposed on airport security officers in the post 11 September 2001 environment, together with the collapse of Ansett Airlines and the Bali bombings, had resulted in a significant net addition to the work value of aviation security officers at Hobart and Launceston airports.

[5] Mr Tullgren relied on a decision of Holmes C. in respect of the Security Employees [Victoria] Award 19981 in which similar issues relating to Melbourne [Tullamarine] Airport and the Avalon Air Base were canvassed at length. In this matter the Commission granted an allowance of $0.97 per hour, which has subsequently been extended to the relevant security awards in NSW, South Australia and Western Australia.

[6] Mr Tullgren tendered into evidence a witness statement from Ms Michelle Tedeschi, a full-time security officer employed at Launceston Airport since 1992.2

[7] Changes identified in the statement of Ms Tedeschi and the decision of Holmes C. include:

  • A significantly higher-level expectation from airport clients and the travelling public.

  • Enhanced training requirements including nationally consistent accreditation at Certificate 2 Level, with special application to aviation screening effective from November 2002.

  • ASIC security identification.

  • Requirement to detect and confiscate "sharps" less than 100mm in length.

  • Enhanced scrutiny of lap top computers, camera bags and carry on luggage.

  • More onerous and time-consuming search and detection procedures resulting in passenger frustration and agitation. In some cases this frustration results in abuse targeted at security officers.

  • An increase in random inspections conducted by the Department of Transport, together with additional testing by the employer and client.

[8] Mr Mazengarb said that in the light of the extensive proceedings before Holmes C., the application was not opposed.

[9] I am satisfied that the application is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

[10] The application is granted operative from the beginning of the first pay period to commence on or after 18 July 2003. The Order reflecting this decision is attached.

 

Tim Abey
COMMISSIONER

Appearances:
Mr P Tullgren, Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Mr P Mazengarb, Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing:
2003
July 18
Hobart

1 PR918644 11 June 2002
2 Exhibit A1