T2399 T2467 T2469 T2470 T2471 T2472 T2473 T2474 T2475 T2476 T2477 T2478 T2479 T2480 T2481 T3200 T2508 T2653 T2654 T2655 T2656 T2657 T2511 T2605 T2504 T2506 T1844 T2264 - 20 March 1992
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Public Service Association (T.2467 of 1990) (T.2469 of 1990) (T.2470 of 1990) (T.2471 of 1990) (T.2472 of 1990) (T.2473 of 1990) (T.2474 of 1990) (T.2475 of 1990) (T.2476 of 1990) (T.2477 of 1990) (T.2478 of 1990) (T.2479 of 1990) (T.2480 of 1990) (T.2481 of 1990) (T.3200 of 1991) Health Services Union of Australia, Tasmania No. 1 Branch (T.2653 of 1990) (T.2654 of 1990) (T.2655 of 1990) (T.2656 of 1990) (T.2657 of 1990) Federated Engine Drivers' and Firemen's Association Federated Miscellaneous Workers Union of Australia, Association of Professional Engineers and Scientists, Australia (T.2506 of 1990) Tasmanian Teachers Federation Secondary Colleges Staff Association
Structural Efficiency Adjustment - State Wage Case (October 1989) - Public Sector Awards STATEMENT [Previous Decision] During the hearing on 24 February 1992 for the purpose of monitoring the parties' progress in implementing our decision of 29 November 1991, we were asked to clarify certain aspects of that decision as it related to the Operational Stream. We indicated we would respond formally to those requests. We do so now in the order that they were raised with the Commission; the name in brackets indicates the person responsible for raising the question: 1. Whether the level 1 classification standard was predicated on a traineeship appraisal, a simple trainee position or starting position? How does an employee progress from level 1? Could progress from level 1 be immediately to a level higher than level 2? (Mr. O'Brien) Response: At page 13 of our decision of 29 November 1991 we said, in relation to the Operational Stream, that:
2. Whether the first level applying to base trades qualifications is level 6? Response: Level 6 was determined by the Commission as the appropriate level for the base tradesperson. Therefore level 6 represents the 100% benchmark for the purpose of assessing relativities. 3. What does the Commission consider is, or should be, encompassed in the term "special rates"? (Mr. O'Brien) (Mr. Warwick) Response: In our decision of 29 November 1991 at page 8 we stated the following in respect to the Operational Stream:
It was not our intention to have what is commonly known as an industry allowance apply across the board to all employees in the stream as this would continue an allowance for employees who may not necessarily qualify for such an allowance. However, we decided it would be appropriate to include in the new award "special rates (where applicable)". Although detailed submissions on this issue have not been made to the Commission at this stage, we indicate that the parties in their discussions on this matter may consider the following list of circumstances which may attract special rates. The list is not exhaustive, but is indicative of work situations which could be considered. (1) Insulation An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwood, slag wool or other recognised insulating material of a like nature or working in the immediate vicinity so as to be affected by the use thereof. (2) Hot Work An employee who works in a place where the temperature has been raised by artificial means to between 46 degrees and 54 degrees Celsius. (3) Cold Work An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius. (4) Confined Space An employee required to work in a confined space the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation. (5) Swing Scaffold Any persons employed: (i) on any type of swing scaffold, or any scaffold suspended by rope or cable, bosun's chair, etc; (ii) on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of 6 metres or more above the nearest horizontal plane. PROVIDED that an apprentice with less than 2 years experience shall not use a swing scaffold or bosun's chair. AND FURTHER PROVIDED that solid plasterers when working off a swing scaffold shall receive an additional 10 cents per hour. (6) Explosive Powered Tools An operator of explosive powered tools. (7) Wet Work Employees working in any place where water is continually dripping on the employee so that clothing and boots become wet, or where there is water under foot. (8) Dirty Work An employee engaged on unusually dirty work. (9) Towers/Height Allowance An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multi-storey building), cooling tower, water tower or silo, erection, repair and maintenance of steel frame buildings, bridges, gasometers and similar structures where the construction exceeds 15 metres in height. PROVIDED that the work is not covered by a Multi-storey Allowance. (10) Toxic Substances Employees using toxic substances and materials including epoxy based materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system, shall be deemed to be materials of a like nature. (11) Fumes An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present. (12) Asbestos Employees required to use materials containing asbestos or to work in close proximity to employees using such materials. (13) Furnace Work An employee engaged in the construction or alteration or repairs to boiler flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work. (14) Acid Work An employee required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork. (15) Bricklayers Laying Other Than Standard Bricks Bricklayers employed laying blocks (other than concrete blocks for plugging purposes). (16) Cleaning Down Brickwork Employees required to clean down bricks using acids or other corrosive substances. (17) Bagging Employees engaged upon bagging brick or concrete structures. (18) Bitumen Work Employees handling hot bitumen or asphalt or dipping materials in creosote. (19) Plaster or Composite Spray Employees using a plaster or composition spray. (20) Slushing Employees engaged at `slushing'. (21) Dry Polishing of Tiles Employees engaged on dry polishing of tiles where machines are used. (22) Cutting Tiles Employees engaged at cutting tiles by electric saw. (23) Second Hand Timber Where, whilst working with second hand timber, an employee's tools are damaged by nails, dumps or other foreign matter on the timber. (24) Roof Repairs Employees engaged on repairs to roofs. (25) Computing Quantities Employees who are regularly required to compute or estimate quantities of materials in respect of the work performed by other employees. PROVIDED that this allowance shall not apply to an employee classified as a Leading Hand or Foreman. (26) Height Work - Painting Trades Employees working on any structure at a height of more than 9 metres where an adequate fixed support not less than .75 metres wide is not provided. This shall not apply to an employee working on a bosun's chair or swinging stage or who is in receipt of a towers allowance. (27) Underground Allowance Employees required to work underground for no more than 4 days or shifts in an ordinary week. (28) Cutting Bricks One bricklayer on each site to operate the cutting machine. (29) Spray Application - Painters Employees engaged on all spray applications carried out in other than a properly constructed booth approved by the Department of Labour and Industry. (30) Hydraulic Hammer An operator of a hydraulic hammer attached to an excavator. (31) Greaser Carrying Oils Employees required by the employer to carry any fuels, oils and/or greases in the employee's own vehicle for use in the employer's plant. (32) Pile Driving Where a mobile crane of in excess of 15 tonnes is required to perform pile driving on any site or installation, or is required to be involved in the extraction process. (33) Tunnel Work Employees engaged in tunnel work and required to work underground (other than `pot and drive' work at a depth of 4 metres or less) or in shafts with a cross-sectional area of less than 14 square metres, which will be sunk to a depth greater than 6 metres, or in trenches more than 2 metres depth and less than 1 metre in width. (34) Foul and Nauseous Linen Employees employed on the laundry staff of a hospital who are required to actually handle unusually foul and nauseous linen. (35) Multi-Storey Allowance A multi-storey allowance shall be paid to all employees on site engaged in construction of a multi-storey building, i.e. a building when complete consisting of 5 or more storey levels. (36) Boiling Down Works Employees working in boiling down works. (37) Lead Works Employees working in lead works. (38) Lignum Vitae Patternmaker in lignum vitae outside the workshop and fitting to stern bushes. (39) Oil Tanks Employees working on repairs in oil tanks. (40) Sanitary Works Employees working in sanitary works. (41) Slag Wool Employees handling loose slag wool, loose insulwool or other loose material or of a like nature used for providing insulation against heat, cold or noise, when so employed to repair or demolish furnaces, wall, floors and/or ceilings. (42) Smoke Boxes Employees working on repairs to smoke boxes, or fire boxes of locomotives or on repairs to the smoke box intake funnel, flue, furnace or combustion chamber of marine type boilers, or on repairs to smoke boxes, fire boxes, furnace or flue or other types of boilers. (43) Aluminium Foil Insulation Employees required to work on the fixing of aluminium foil insulation (other than anti-glare type aluminium foil) on roofs or walls prior to the sheeting thereof. (44) Acid Plants and Chemical Works Employees engaged in plumbing work carried out on production plant in chemical works or acid plants which have been commissioned. (45) Climatic Conditions Employees required to work in the open on all types of work. (46) Sloppy and Muddy Conditions Employees required to work in sloppy and muddy conditions associated with the initial stages of erecting a building. (47) Lack of Amenities Employees required to work in places that lack the usual amenities e.g. meal rooms, change rooms, lockers, hot and cold running water. We are of the view that employees should only receive the special rates when they meet whatever criteria are developed. It is customary that where more than one special rate exists on the same job the employer is bound to pay only one rate, namely the highest, for the disabilities so prevailing, provided that this shall not apply to cold places, confined spaces, dirty work, height money, hot places or wet places, sloppy and muddy conditions, lack of usual amenities and climatic conditions, the rates for which are cumulative. It is noted that generally speaking special rates are not subject to any premium or penalty additions. 4. Whether part-time and casual rates of pay and, perhaps, apprenticeship percentages, although dealt with in the model awards, are conditions of service matters which should be dealt with in the conditions of service negotiations? (Mr. O'Brien) Response: For the purposes of this restructuring exercise rates of pay have been separated from conditions of service matters even though, and we say it again, the new rates of pay will not apply until such time as agency-specific and conditions of service matters are settled and in place. In our Further Interim Decision of 1 July 1991 we indicated that we would be assessing rates of pay for each classification level. In our decision of 29 November 1991 we established the rates of pay at each classification level for all categories of employees, i.e. full time, part-time and casual and apprentices. In the case of the latter three categories that included determining the formula for calculating such entitlements. 5. How will State Wage increases be applied between now and 1 December 1992? That is, will any such increases be applied to the model awards but not to the existing awards? Or will both the existing and model awards be varied at the same time? (Mr. Warwick) Response: As indicated in our decision of 29 November 1991, the model awards we have determined are simply models and have no legally enforceable effect until they are made as awards of the Commission which will be no earlier than 1 December 1992. In the event that a State Wage Decision or some other decision affecting State public sector awards generally occurs before the model awards are made as awards of the Commission, the existing awards will be varied to reflect such a decision and the rates contained in the model awards will be adjusted. 6.(a) Will new employees, that is those employed after the date of operation of the new award, be paid less than those employed prior to the operation of the new award? (Mr. Warwick) Response: No State employee, whether current or future, covered by one of the new awards should receive a rate of pay less than that which is specified for the appropriate classification level to which they have been appointed. However, if a current employee is classified under a new award at a level which attracts a rate of pay less than that which the employee previously enjoyed, then the higher rate, in accordance with the savings provision, will continue to be paid until such time as the new classification rate catches up. 6.(b) Will old employees, that is those employed prior to the date of operation of the new award, be paid less than their existing rate in the current or old award? (Mr. Warwick) Response: See answer to 6(a) 7. Will an employee be translated into a classification level in the new award on the basis of the employee's existing rate of pay? (Mr. Warwick) Response: No. In our decision of 29 November 1991, at page 16, we stated:
The exception referred to related to the possibility that the classification process might not be concluded by the date of operation of the new awards in which case we gave specific directions. 8. How will employees in the levels below that of tradesperson be classified? That is, will they all have to commence at level 1, or according to the job description and established classification standards? (Mr. Clifford) Response: See answer to 1. 9. Does the First Awards and Extensions to Existing Awards Principle apply to the decision of November 1991? (Mr. Cooper) Response: No - in this case State employees are already covered by a number of awards of the Commission. Our decision of 29 November 1991 formed part of the restructuring programme for those awards, therefore, the First Award and Extension to Existing Awards Principle is not relevant in this case.
Appearances: Date and Place of Hearing: |