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[1993] AIRC 992
procedural. The ACI Petalite Victoria (Enterprise Bargaining) Award 1993 was certified and approved for a fixed twelve month period from the first pay period on or after 26 August 1993.
The Industrial Relations Commission approved an enterprise bargaining agreement for ACI Petalite Victoria that gave workers a 4.5% pay rise in exchange for specific productivity improvements. These included workers taking on additional duties (like warehouse staff helping with production), more flexible rostering, and meeting international quality standards. The Commission was satisfied this was a genuine productivity deal that wouldn't lead to price increases, and approved the agreement for 12 months. The decision shows how the Commission applied the 1991 enterprise bargaining rules, requiring real productivity gains in exchange for wage increases.
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1 cited instrument linked from this judgment.
Industrial Relations Act 1988 s.99 notification of industrial dispute
National Union of Storeworkers, Packers, Rubber and Allied Workers
A.A. Fibreglass Products and others (C No. 33241 of 1990)
s.111(1)(b) application for consent award
The Australian Chamber of Manufactures and others (C No. 31195 of 1993)
ACI PETALITE VICTORIA (ENTERPRISE BARGAINING) AWARD 1993(1)
Various employees
Rubber, plastic and
cable making industry
COMMISSIONER GAY MELBOURNE, 26 AUGUST 1993
Wage rates - enterprise agreement - requirements of Act met - agreement certified.
The following decision, now edited, was given in transcript at Melbourne on 7 July 1993.
This is an application made by The Australian Chamber of Manufactures (the ACM) to have an award made under section 111(1)(b) of the Industrial Relations Act 1988 (the Act) to give effect to the agreement reached by the National Union of Workers (the union), ACI Petalite Victoria (the company) and the ACM, for an award to issue under the enterprise bargaining provision of the October 1991 National Wage Case decision.(2) Mr Mikolajczyk for the ACM, in leading evidence from the plant manager, Mr Robertson, has set out in substantial detail the benefits which accrue to the company, and of course the employees, by virtue of the application of the agreement. It is noted that the award sought to issue by consent today, and that is the ACI Petalite Victoria (Enterprise Bargaining) Award 1993, is to be read in conjunction with the Rubber, Plastic and Cable Making Industry (Consolidated) Award 1983(3) and stems from a consideration by the parties of a broad agenda of issues, many of which are contained in the agreement itself.
I do not propose to set out those features except to say that for the 30 staff involved at the two sites set in very close proximity to each other a range of general and specific productivity issues are contained in the award; issues such as the warehouse staff and maintenance staff becoming involved in the production process, production employees becoming involved in loading and
(1)Print K8588 [A851] (2)Print K0300; 1991/10 CAR 722 (3)Print F5566 [R007] unloading of vehicles, employees utilising fork-lift licences, together with more general issues such as the application of increased flexibility as to the use of rostered days off to meet the needs of the company, and identification of employees with the need for and the obtaining of, additional quality standards to the level of international standards.
The evidence is that these issues in their totality reduce cost, increase productivity, and, in the words of Mr Robertson, reward workers for their participation in that process. The Commission has been advised there is to be no price increase made necessary by the agreement's operation by virtue of the real gain in productive effort at these places. It is also noted that in applying, in a staged way, a 4-1/2 per cent pay increase which is set out in detail in the award, that particular measures are required to be obtained which are contained in some detail in appendix 2 attached to exhibit M1, the application on the file in this matter. It is of interest to note that in this application, detailed monitoring and corrective measures are also obtained within the agreement. They are provisions which are not always seen in quite the detail which is represented here.
In the application of increases obtained under the performance clause in the award sought, the achievement gained of the higher pay movements
foreshadowed in the award will require the parties to advise the Commission. The application of the higher pay rates can then be noted and placed on the file. I am satisfied that the agreement reached does represent a bona fide application of the sort of measures and the sort of activities which are encouraged by the principle and set out in the October 1991 Wage Case and have no inhibition in approving the award under the principle and it will apply for the fixed twelve month period, from its application date, which will be the first pay period on or after today's date. At the expiry of that date the award will cease to have effect.
R. Mikolajczyk for The Australian Chamber of Manufactures on behalf of ACI Operations Limited trading as ACI Petalite Victoria with J. Robertson.
The ACI Petalite Victoria (Enterprise Bargaining) Award 1993 was certified and approved for a fixed twelve month period from the first pay period on or after 26 August 1993.