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T2146 T2147 T2152 T2167 - Statement - 27 March 1990

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T2146 of 1989 IN THE MATTER OF AN APPLICATION BY THE TASMANIAN TRADES AND LABOR COUNCIL TO VARY ALL PRIVATE AND PUBLIC SECTOR AWARDS AND AGREEMENTS TO INCREASE WAGE RATES AND ALLOWANCES GENERALLY AND TO REVIEW THE WAGE FIXATION PRINCIPLES
   
  AND
   
T2147 of 1989 IN THE MATTER OF AN APPLICATION BY THE BUILDING WORKERS' INDUSTRIAL UNION OF AUSTRALIA (TASMANIAN BRANCH) TO VARY THE BUILDING TRADES AWARD RE BASE RATE FOR TRADESPERSON IN DIVISION A AND TO INCREASE WORK RELATED ALLOWANCES
   
  AND
   
T2152 of 1989 IN THE MATTER OF AN APPLICATION BY THE TASMANIAN PUBLIC SERVICE ASSOCIATION TO VARY NOMINATED AWARDS AND AGREEMENTS RE SALARIES, ALLOWANCES AND AWARD RESTRUCTURING
   
  AND
   
T2167 OF 1989 IN THE MATTER OF AN APPLICATION BY THE TASMANIAN TEACHERS FEDERATION TO VARY NOMINATED AWARDS TO INCREASE SALARIES AND SALARY-RELATED ALLOWANCES
   
  CONSEQUENT ON THE DECISION OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION IN THE NATIONAL WAGE CASE DECISION OF 7 AUGUST 1989
   

STATEMENT

   
FULL BENCH:
ACTING PRESIDENT: A ROBINSON
COMMISSIONER: R K GOZZI
COMMISSIONER: R J WATLING
HOBART, 27 March, 1990
   
APPEARANCES:  
   
For the Tasmanian Trades and
Labor Council and Unions 
generally
- Mr J A Bacon
  in lieu of
  Mr P A Lennon
   
For the Tasmanian Public Service - Mr G Vines with
  Mr P Mazengarb
   
For the Federated Miscellaneous Workers' Union,
Tasmanian Branch
and for the Clothing and
Allied Trades Union
- Mr K O'Brien
   
For the Federated Clerks' Union of Australia, Tasmanian Branch - Mr D J Fry
   
For the Building Workers' Industrial Union of Australia (Tasmanian Branch) - Mr M Clifford
   
For the Electrical Trades Union,
Tasmanian Branch
- Mr D Balfour
   
For the Printing & Kindred Industries Union,
Tasmanian Branch
- Mr S Walsh
   
For the Tasmanian Salaries Medical Practitioners' Society - Dr G Senator
   
For the Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch - Ms D Moncrieff
   
For the Hospital Employees' 
Federation of Australia,
Tasmania Branch
- Mr R Warwick
  with
  Mr D Rees and
  Mr D Holden
   
For the Australian Railways Union,
Tasmania Branch; and for the
Ambulance Employees' Association of Tasmania
- Mr R Warwick
   
For the Vehicle Builders' Employees' Federation of Australia - Mr D Holden
   
For the Plumbers and Gasfitters
Employees' Union of Australia,
Tasmanian Branch
- Mr R Hevey
   
For the Tasmanian Confederation of
Industries; Pharmacy Guild of
Australia,
Tasmanian Branch;
Meat and Allied Trades' Federation of Australia (Tasmanian Branch);
Pasminco Metals - EZ Operations;
Pasminco Mining - Rosebery;
Tasmanian Hairdressers'
Association;
Tasmanian Sawmillers Industrial
Association;
Metal Industries Association of Tasmania;
Hop Producers' Association of
Tasmania;
Master Builders Association of Tasmania;
Retail Traders Association of
Tasmania
- Mr T J Edwards
  in lieu of
  Mr T J Abey
   
For Pasminco Metals - EZ Operations and Pasminco Mining - Rosebery - Mr M Nally
   
For the Minister administering the Tasmanian State Service Act;
His Excellency the Governor;
the Speaker of the House of
Assembly;
the President of the
Legislative Council;
the Chairman of the Southern Regional Cemetery
Trust and the Commissioner 
of Police
- Mr C Willingham
  in lieu of
  Mr A Pearce
   
For the Minister for Employment,
Industrial Relations and Training
- Mr C Willingham
  with
  Mr I Finley and
  Mr J Hickman
   
For the Retail Traders Association of Tasmania - Mr D A C McDougall
   
For the University of Tasmania
and the Council of Advanced 
Education
- Mr N Buchanan
   
For the TFGA Industrial Association - Mr K Rice
   
For the Australian Road Transport Industrial Association - Mr J G Blackburn
   
For the Tasmanian Teachers
Federation
- Mr C Lane
   
For the Secondary Colleges Staff
Association
- Ms P Moran
   
DATES AND PLACE OF HEARING:  
   
20 March 1990                Hobart  
   

This State Wage Case Bench was reconvened in order for the parties to report progress on award structural efficiency exercises being undertaken by them as was foreshadowed in the September/October 1989 State Wage Case proceedings.

In supporting the approach of the parties in those proceedings to an award by award structural efficiency review, we indicated in our 9 November 1989 Supplementary Decision1 that we would monitor the structural efficiency progress made in respect of each award.

To that end at pages 15 and 16 we said -

"Our one comfort is that in both the public and private sectors the approach from this point on and for the duration of the Principles is to be strictly in accordance with those Principles. In that regard we announce now that we intend to closely monitor progress of structural efficiency exercises on an award-by-award basis.

However we do not necessarily believe that a lot is to be achieved by that monitoring being carried out solely by a Full Bench.

It is far preferable, we believe, to allow individual members of the Commission to monitor those awards for which they are responsible. And to test the bona fides of the parties in this regard we would expect to receive applications from the TCI and the TTLC during the month of February or March 1990 for the purpose of reporting progress on an award-by-award basis."

As some time had elapsed since that decision was made, the Full Bench considered it desirable to re-focus on the need for structural efficiency measures to be vigorously pursued and to that end reaffirmed its intention for individual Commissioners to list, for monitoring purposes, all awards of the Commission.

In these proceedings before the Full Bench we were encouraged by the comments of the parties which indicated that a fair measure of work has already been undertaken to bring to fruition the completion of structural efficiency exercises.

Clearly a great deal more work is required and to that extent, and as a consequence of the monitoring process, individual Commissioners will be able to assist the parties, as necessary, to bring about acceptable resolutions.

In that regard we have noted Mr Abey's submission that individual award restructuring hearings would take up valuable time of the negotiating parties and that we should not proceed down that path. Rather Mr Abey suggested that any of the parties in a particular award could make application to the Commission when it was ready to bring second instalment structural efficiency matters before it.

As indicated on the day of the hearing we reject that approach and will, as indicated above, continue with the listing for hearing before individual Commissioners of all private sector awards, pursuant to Section 24(3) of the Industrial Relations Act, 1984.

Also as indicated in the proceedings we intend to reconvene this Full Bench, at a date still to be fixed, for the purpose of monitoring progress in respect of public sector awards. Following that hearing, we will then make a decision on any subsequent monitoring arrangements.

Having made those comments, we now turn to some specific matters which require clarification.

Anomalies Conference Procedures

We omitted to address this particular issue in our previous decision.

Mr Abey for the Tasmanian Confederation of Industries, supported by Mr Willingham for the Minister for Industrial Relations requested that the employer or Government core members of the Anomalies Conference be able to initiate applications in lieu of the present practice of only the TTLC having that capacity. This was opposed by the TTLC as no problems had been experienced in the past and none were anticipated in future. This was conceded by the TCI and Mr Willingham.

We have decided, in the circumstances, to make no change to the present arrangement.

Special Cases

We wish to make it clear that Special Cases foreshadowed by a number of the parties in these and other proceedings before the Commission will -

    (i) be required to be processed through the Anomalies Conference in the first instance, and

    (ii) that all special cases will form part of the structural efficiency review

    (iii) those matters processed through the anomalies conference prior to the introduction of the State Wage Case Principles in our 30 October 1989 State Wage Case decision, and which have been referred to individual Commissioners for determination, are to be regarded as Special Cases and accordingly will be processed as part of the Structural Efficiency review of individual awards.

1 Decision dated 9 November 1989