Award Win for Office Workers

Date: 02 June 2000

A Full Bench of the Australian Industrial Relations Commission has determined that office workers in the brewery industry should not be denied award coverage.

The Australian Services Union ('ASU"), backed by the ACTU, were successful in removing an exemption provision from a federal award covering clerical and administrative employees in the brewery industry. Employees paid above an exemption rate were expressly excluded from the award. This resulted in an increasing number of office workers in the industry being award free.

The ASU claims that the exemption clause enabled the Castlemaine Tooheys group of brewing companies to force "award free" offices based on individual contracts. The award provision was effectively used to undermine collective bargaining and de-unionise the workforce.

The Commission found that such provisions have historically applied in many white collar awards to define areas of award coverage but were now being used to remove award conditions. Relying on the award simplification principles it was found such provisions were unfair and clearly needed updating.

The Full Bench noted the Commission had a statutory obligation to ensure that "a safety net of fair minimum wages and conditions of employment is established and maintained" and that such award exemption provisions were inconsistent with this obligation.

The Commission has proposed alternative methods of pay which recognise the option of salary arrangements that must now ensure all employees will receive, on balance, no less than award conditions.

The ASU have hailed this decision as a major break-through for white collar workers across the country.

National Industrial Officer, John Nucifora, said: "There should be no doubt now that all office workers, whatever their individual or salary arrangements, are entitled to award conditions as a minimum safety net and that the Commission is the final arbiter. For decades employers have used exemption rates to not only remove office workers from award coverage but also to exclude any form of collective bargaining and union membership".

Mr Nucifora said: "Aside from the Workplace Relations Act exemption rates have been the single most debilitating factor to organising white collar workers in the private sector. Now the legal barrier has been removed the ASU will be challenging the cultural and psychological barriers to workers bargaining collectively and recognising their award entitlements. Any future salary arrangement will have to meet the "no disadvantage" test and be open to scrutiny if such employees choose to take a grievance to the Industrial Relations Commission. t

The Commission has directed the award parties revise the award scope clause so as it properly recognises ASU coverage rules. The ASU claim that Company directors and those senior executives who have the power to hire and fire would by definition be excluded.

For further information

Contact:	John Nucifora, ASU National Industrial Officer
Union:	Labor Council of NSW
Phone:	0419 595 417
WWW:	http://workers.labor.net.au/

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