Amalgamated Society of Carpenters, Joiners, Bricklayers, Plasterers, Painters and Decorators of Australasia, Union of Employees, Queensland v Queensland Master Builders Association, Industrial Organisation of Employers and Others [1995] QIRC 302 (1995) 149 QGIG 1108

l 108 QUEENSLAND GOV ERNMENT INDUSTRIAL GAZETTE [ I I Augus t, 1995 #####################################################1## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Ac1 1990 s. 144 - application for v ar iation Amalgamated Society of Carpen ters, Joiners. Bricklayers. Plasterers, Painters and Decorators of 1\ustra lasia, Union of Employees, Quee.ns land AND Queensland Master 13uilders 1\ssociation, Ind ustrial Organisa ti on o f Employers and Othe rs (No B239ofl995J Bl! I LD ING PRODUCTS, MA!\ llFACT lJRE AN D Ml l\' OR MAINTENA NC E AWARD - STATE COMMISSIONER BOU(iOURE 26 July 1995 Schedule - New Classifi cat ion Struct ure ·-· Tr ialling Purposes On ly - Reference to Federal Award •- Witness Evidence - Co mpetency Standards to be Established - Re fere nce to National Training Board - Classifk.ation Structure for Tr ialling Purposes Granted - Translation Guide to be Included - App li<:ation to be Rel istcd When Applicant Notifies Commiss ion Tran slat ion Guide is Available. DECISION This app li cation by the Ama lgamated Soc ie ty of Carpenters, Joiners. Ar ick laycrs, Plaste rers. Painters and Decorators of Australas ia, Un ion of Employees, ()11cens land ( the Union) seeks to append to the Building Product s. Manufacture and Minor r>.fa inten,uKc Award - State a Schedule containing a new da~sifica ti on st ructure with approp ri ate definitions and pe rcenta ge relativities. It is sought that the Schedule be used for trialling purposes only for at least I 2 mo nths. I am i nfonnc d that th is proposed classification s tructure or igi na tes from the Federal Award entitled the "Na tional Jo inery and Buildi ng Trades Prod ucts /\ward 1993. furthermo re, I am informed that the applica ti on is based upon a decis ion of Deputy Presidctll Watson dated 16 January 1995 (Print L8499) which approved the attachment o f a s imi lar appendix to the relevant Federal Award for tri alling. Mr Rathi e, for the Quecnsh1nd Maste r Bu ilders Association. Industr ial O rga nisation of Employers (QMB/\). strenuously opposed the app lication. I le called a wi tness , Mr Peter OSTER HAG E. the Training Manager of the QM13A . In br ief terms ihc effect o f' !he evidence and the subrnissi.on of Mr Rath ie is that in the absence o f nationally endorsed competency st andards it is not appropriate to approve the Schedu le, even for the purpose of trialling. It was subm itted that it wi ll be at lcasl 12 months before train ing ca n be done in accord ance with nat iona l wm pct cncy sta ndards. As I understand hi m, Mr Rathie sub mits that the compe tency standards sh ould be first established and endorsed by the Na ti onal Training 13oard and then a classification structure shou ld be developed to accord wi th those standards. I find some difficulty wi th such submissions. First ly. regard less o f what sta ndards are endorsed by the National Tra ini ng Board in approving a classi li cat ion st ructure, I am rcquirt:d to make a dec ision based upon the ~videncc and sub missions placed before me. Such decision must take into cons ideration prov isions of the Act and State Wage Dec isions and is subject to appe a l. Second ly, this Commission has been pressing parties since 1988 to inse rt approp riate skill based classification structu res in Awards and I find it und esirab le thitt a body not subject lo the control of th is Commission can frustrate this Commission by de laying the inserti on of an approp riate classification structure. Th ird ly, I do not necessarily concede that t he esta blishment of compe tency standa rds must necessarily , or in all cases, come fi rst. No d oubt some consistency in the 2 processes is desirable. Mr Dick, for the Queens land Confcdc.ration of In dust ry Limited. Union of E mployers (QCI ), stated his Assoc iation had no difficulty with the proposed classification structure but submi tted that a trans lat ion g ui de was nc.ccssary. Mr Butler, for the Metal Trades Industry Association of Austral ia. Q uee nsland 13ranch, Union of' Employers (MT IA), s tated he also had no problems with the proposed class ifica tion $tructu re for trialling purposes bu t also sought a translation gu ide . Mr Clrndwick, for the Mas ter Pa inters, Decorators and Signwr iters' Association of Queensland, Un ion nf Employe rs (MPDSA), submitted that a trans lation guide would be of great assistance. In this case I am mo re influ<::uced by practi calities than technica lities. With the exception of Mr Rathic, the other respondents dn not object to the triall in g of the c lassificat ion structure, but do seek a trans lation guide. Mr Rathic concedes that he has no rea l object ion to the content of the proposed classification structu re . In the case of the Federal Award aforementioned, DP Watson ap proved the trialling of the classification structure even though competency standards had not been endorsed. Eff ec tively I am be in g asked to do the same. II is conceded before me tha t in so far as Queens land is concerned , a similar procedure was adopted in the case of t he Enginee ri ng Award - State, in that a trial classification structu re was approved beib re competency s tandards were endorsed. F in ally, because of the cons iderable de lay which has already occurred, 1 fi nd it inappropriate to delay this process any fu nhc r. I therefo re grant t he app lication. su bject to certain reserva ti ons made herea fl er. I wi ll .ipprove the attachment of' the proposed da ssilication s tn1 ctun: to the Award for trialling purp oses on ly. The word " Appendix" should be used in lieu of·'Schcdulc". I would anticipate that the tria lling shou ld be for at least 12 mon ths . I also require that a translation guide be prepared by the ap r l icant in consultat ion with the respondents. I will re list this appli cat ion for fina lisation when the app lican t infonns me that such translation guide is avai lab le. The Com mission orders accordingly. R.W. BOUGOU RE, Commissione r. A ppearances: - Mr l',.t Ravbar for the Ama lgamated Socie ty of Carpenters. Joiners, Bricklayers, Plasterers, Painters and Decorators or Au stralasia, Union o f Emp loyt:cs, Queens land. Mr I. Rathie fo r the Queensland Master Builders Association. In dustrial Organisation of Employers. Mr 8 Dick for the Queens la nd Confederation of Industry Limited, Un ion of Emp loyers. Mr T. 13utlcr for the Me ta l Trades Ind ustry Ass ociat ion of Australia, Queensland Branch. Union of Emp loye rs. Mr C. Chadwick for the Master Painters, Decorators and Signwr iters ' Associa ti on of Queens land. Union of Employer s. Operative Date: NIA Decision -Trial Classification Struct ure Released: 27 Ju ly I 995 16002 _ 1.DOC I l August, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1109 -- 1 of 1 --