[1989] AIRC 586
General information, not legal advice.
Australian Industrial Relations Commission
1989-08-30
Original judgment source is linked above.
The application eminates from a Full Bench decision of 14 November 1988 (Keogh DP, Peterson J and Cox C)(3) varying the Metal Industry Award to introduce the same classification, definition, evaluation system and method of determining the appropriate rate of pay as decided by the Full Bench.
_______________________________________________________________________________
The matter came before the Full Bench on reference from the Anomalies Conference and pursuant to the National Wage Case decision of 10 March 1987.(4) The reason for the application before the Full Bench is the same as in these two applications that is:
"to accommodate tradespersons whose functions have changed and skills increased as a result of technological change".
The parties in these matters acknowledged there is no nexus or connection between these awards and the Metal Industry Award. They seek only to apply a standard established by a Full Bench of this Commission in accordance with the current wage fixation principles.
The classification sought it was pointed out had already arrived in the aluminium industry as separate establishment awards made over recent years to accommodate the needs of new aluminium smelters and alumina refineries had recognised the need created by new and advanced technology by adopting suitable classifications in their awards to varying degrees.
In support of the applications inspections took place at the Alcan Granville Plant on 8 August where machinery, equipment and systems were reviewed in the sheet, remelt and extrusion divisions. Comparisions were shown which distinquished simple from medium from complex machinery and equipment that requires repair, maintenance and fault finding by mechanical tradesmen.
In the cold mill area of the sheet division we saw the sixty inch mill and the Z mill which involve complex hydraulics and pneumatics as well as involving sequencing and being mechanically complex. The "scalper" which machines impurities from the surface of the metal in the hot mill and the hot mill itself which includes a nitrogen accummulator and requires diagnostic skills and the ability to understand essential drawings for its maintenance and repair as well as utilising a multiple power source were further examples of complex plant.
Other complex plant was inspected in the remelt and extrusion divisions at Granville in amongst plant which could not be described as complex in operation. Originally complex plant was serviced by specialised contractors but this responsibility has now, after a period of familiarisation and training, been accepted by the company's mechanical tradespersons.
During the afternoon the Alcan Foil Products Plant at Cabramatta was visited and the equipment which has to be maintained by mechanical tradespersons included rolling mills, the hydraulic system operating throughout the plant, separators, balers, furnaces, printing press, laminator and many other machines and systems involving a range of use of hydraulics, pneumatics and the use of control sequencing.
On 9 August inspections took place at the Alcan Kurri Kurri Smelter where four separate areas of central workshop, carbon plant, pot rooms and casting area were inspected. I don't propose to review all that was seen and discussed but typical as far as this application is concerned would be the mechanical services section. This section is responsible for the maintenance
of compressed air generation and reticulation throughout the smelter as well as plant services, water pumps etc. They provide a component repair and testing facility for hydraulics and pneumatics, as well as a back up resource of hydraulics expertise for the production department. All tradespersons in this section carry with them a book of hydraulic schematic diagrams pertaining to all machines across the site to assist them in fault finding before repairs can be effected. All such trades persons are required to hold the post trades Fluid Power Certificate. _______________________________________________________________________________
I think it is notable that the union didn't claim complexity of operation where it could not be sustained and it was observable that much plant and equipment seen during the inspection could not be tagged as complex. At the same time a fair evaluation did establish that there is a significant number of machines and plant items which I am satisfied are complex machines utilising hydraulic and/or pneumatic systems with multiple energy sources and with control sequencing. Such complex machinery and equipment, I was assured, require knowledge and skill beyond that possessed by a base grade tradesperson. They require additional experience, training and qualification to enable the tradesperson to efficiently perform the tasks required on such complex machinery.
The parties made the point that prior to coming to a final position on this matter, the union conducted meetings with the tradespersons to fully explain the application, the evaluation process, the criteria which would be applied and the method to be used to evaluate any claim for classification review which may be made. Separate documents dealing with these matters detail the guidelines to be observed and the criteria to be applied before reclassification can take place.
During the inspections at each location I spoke to union delegates, tradespersons and supervisors. They all had a good understanding of how the classification would be applied if approved by the Commission. They understood their would be no automatic floating up the classification ladder and expressed the view that it was in their own interest to maintain the integrity of the classification. They were aware that the proposed classification could not be attained unless the full criteria was applied with its reference to post trade and in-house training as well as practical on-the-job experience. It was also stated that the proposed classification would not create any demarcation issues.
The applications seeks to adopt the same rate of pay that applies to the
The Commission observes that the only difference to the Full Bench implementation is that these applications contemplate a further restriction in seeking to implement a need to have one of the necessary two years on-the-job experience, being served on the employers site, whether it be the smelter or fabrication plant etc. The parties have also agreed that any dispute arising in the evaluation process of a mechanical tradesperson will be resolved in accordance with their award dispute settling procedure.
The Commission is persuaded by the evidence, inspections and discussions which give an understanding of the claim that there is a need in these two awards for the establishment of the classification sought. I emphasise that I am only dealing with these two awards, which has occasioned a comprehensive examination of the claim which cannot be transposed to other awards or agreements as it deals only with the facts as established in these matters.
The applications seek, by agreement of the parties, only the standard set by the Full Bench in accordance with the current wage fixation principles.
I am satisfied on the evidence, inspections and submissions that the applications comply with the Full Bench decision referred to and are in accordance with the current wage fixation principles. Accordingly I approve the agreement reached and I now issue consent orders varying the awards to operate from the first pay period commencing on or after today 30 August 1989, to continue for a period of six months.
J. Rainford for The Amalgamated Metal Workers' Union.
S. Robinson for the Australasian Society of Engineers.
Sydney: May 11; August 7, 11. Granville/Cabramatta (inspections): August 8. Kurri Kurri (inspections): August 9. ** End of Text **