IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

In a decision dated 5 May 19871 a Full Bench in responding to submissions of the parties concerning the application of site allowances to "white collar" state employees said:

"We therefore indicate that where employees whose salary does not already take account of working conditions actually being encountered, then as a matter of equity, they should not be precluded from receiving the benefit of a properly arbitrated site allowance by reason merely of the fact that they are "white collar" workers.

Our comments are qualified to the extent that we would think it may be appropriate to preclude from an entitlement employees who:

(1) Do not physically encounter the disabilities concerned for any reason, such as:

(a) Working in an office on site and/or

(b) Travel around the site in an enclosed vehicle.

(2) Visit such a site only very briefly from time to time.

(3) Are provided with protective clothing and/or footwear adequate to substantially negate the conditions which would otherwise be encountered."

In concluding the decision the Bench said:

"In the event that our response, together with further discussions between the parties fails to produce a solution, then leave is reserved for further recourse to the Commission as presently constituted, either in formal session or in private conference."

Protracted discussions resulted in agreement being reached between the parties and new applications being lodged with the Registrar during December 1988. The applications seek to vary the Conditions of Service Award (the Award) by including detailed site allowance provisions. Those provisions and therefore the applications were amended during proceedings on 15 February 1989, by the addition of nominated construction projects in accordance with Exhibit TPSA 1.

We were advised by the parties that the form and content of the applications is based on similar provisions inserted in a federal award known as "The Country Roads Board Salaried Staff Award 1973", by Commissioner McKenzie in an order dated 24 January 19862, Exhibit TPSA 2.

The provision stipulates that employees shall be paid an allowance based on the number of hours they are exposed to the site conditions.

Employees afforded the protection of temporary or permanent buildings or motor vehicles are excluded from entitlement. The allowances are only paid as attracted, therefore do not apply to periods of leave or other time spent off the site.

Sites which attract a site allowance are detailed in the provision.

It was agreed by the parties that once the provision was included in the Award disputes arising out of its application would be referred to the Commission for resolution.

It was accepted by the parties that this claim and any site allowance provision which might be included in the Award, would not have application to employees working adjacent to construction works, particularly in the case of extensions to existing buildings.

Having considered all that has been put to us in this matter and having regard for earlier proceedings and the statement of 5 May 1987, we endorse the proposals submitted on this occasion.

The Award will therefore be varied effective from the first pay period commencing on or after 15 April 1989.

We direct the parties to confer and provide us with an agreed draft order for our consideration before that date. We take this course of action having regard for the submission that the list of "construction sites" needs some further fine tuning.

1 T.648 and 653 of 1987
2 Print G 1690