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Australian Council of Trade Unions - additional information

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					13 June 2008

Hon Justice Giudice President Australian Industrial Relations Commission
Level 4, 11 Exhibition Street Melbourne 3000

Your Honour, Re: Consultation on Award Modernisation – NAPSA coverage

In questioning by the Full Bench during the consultation hearings the ACTU was asked if there was any additional data that showed the number of employees who are covered by NAPSAs. In our written material of 6 June 2008 we undertook to provide the Commission with such data when it became available. The data has now arrived and is provided for the information of the Commission. Yours sincerely

Michelle Bissett Industrial Officer

Notional Agreements Preserving State Awards (NAPSAs) In ABS Cat No 6105.0, Australian Labour Market Statistics, January 20081, the ABS provided Indicative Estimates of Jurisdictional Coverage, based on the May 2006 Employee Earnings and Hours Survey. The ABS estimated that of 8.35 million employees in the federal and state industrial relations jurisdictions, 9.8% or 818,300 employees in the federal system are covered by State awards or agreements. The ACTU commissioned unpublished data from the ABS which identifies the proportion of employees in the federal jurisdiction and paid by State award or agreement by industry breakdown. Table 1: Proportion of employees in the federal jurisdiction and paid by State award or agreement, by Industry
Health and Community Services Property and Business Services Retail Trade Manufacturing Accommodation, Cafes and Restaurants Education Wholesale Trade Construction Transport and Storage Personal and Other Services Cultural and Recreation Services Other industries(d) Mining All industries Proportion of employees % 21.0 18.0 14.2 10.2 9.3 6.1 4.2 3.8 3.8 3.8 3.1 1.4 0.9 100.0 Number of employees 171843 147294 116199 83467 76102 49916 34369 31095 31095 31095 25367 11456 7365 818300

Source: ABS unpublished data Table 1 shows that the industries with the highest proportion of NAPSA paid employees are Health and Community Services, Property and Business Services, Retail Trade, and Manufacturing. The unpublished ABS data also indicates the proportion of employees, in the federal jurisdiction, within each industry paid by State awards or agreements. Table 2 shows that 19.6 per cent of employees in Accommodation, Cafes & Restaurants are covered by NAPSAs, 17.4 per cent of employees in Health & Community Services, 13.1 per cent of employees in Cultural & Recreational Services and 12.1 per cent of employees in Property and Business Services.

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ABS Cat No 6105.0, January 2008, Feature Article: Jurisdictional coverage of pay-setting arrangements, Employees in the federal or state workplace relations jurisdictions for pay-setting

Table 2 Proportion of employees within each industry in the federal jurisdiction and paid by State award or agreement
Accommodation, Cafes and Restaurants Health and Community Services Cultural and Recreation Services Property and Business Services Manufacturing Personal and Other Services Retail Trade Transport and Storage Wholesale Trade Mining Education Construction Other industries(d) Proportion of employees within each industry 19.6% 17.4% 13.1% 12.1% 9.9% 9.7% 9.6% 8.3% 7.2% 7.1% 6.6% 6.0% 1.2%

Source: ABS unpublished data Table 3 shows that the ACTU Priority List correlates with most if the industries with the highest proportion of NAPSA paid employees. Table 3 Correlation of ACTU Priority List and proportion of employees in the federal jurisdiction paid by State award or agreement, by industry
Health and Community Services Property and Business Services Retail Trade Manufacturing Accommodation, Cafes and Restaurants Education Wholesale Trade Construction Transport and Storage Personal and Other Services Cultural and Recreation Services Other industries(d) Mining All industries Proportion of employees % 21.0 18.0 14.2 10.2 9.3 6.1 4.2 3.8 3.8 3.8 3.1 1.4 0.9 100.0 ACTU Priority List Industry Nursing, Aged Care Retail, Vehicle RS&R Metals, TCF, Poultry Processing, Vehicle Manufacturing Hospitality Higher Education Rail Racing, Gardening & Sports Ground, Recorded Entertainment Coal