IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Applications T.No.226 and T.No.227 of 1985 were referred to me after the President of the Commission had satisfied himself that the two applications did not require a declaration pursuant to Section 33(1)(b) and (2) of the Industrial Relations Act 1984.

At the outset of this hearing, Mr. Hanlon representing the Australian Workers' Union (Tasmanian Branch) informed the Commission that it was the intention of all parties present to deal only with application T.No.226 of 1985, which was an application to vary the scope of the Agriculturists Award. He said application T.No.227 of 1985 would be executed some time in the near future.

The parties requested me to make a decision "in-principle" as to whether or not the scope of the Agriculturists Award should be varied to read as follows:

"Scope Clause

Established in respect of the Industry of Agriculture, including the operation of equipment and the carrying out of processes involved in the production, harvesting, processing and packaging of agricultural products, and without limiting the generality of the foregoing that is to say in or in connection with the following agricultural enterprises:

* Dairying

* Vegetable Production

* Seasonal Harvesting/General Cropping

* Fruit Growing

* Poultry Production

* Raising of Livestock/Livestock Production."

The parties submitted that if the application was successful then they were prepared to argue the question of an operative date after they had finalised negotiations on the structure of the award.

The AWU, the TCI and T.F. & G.E.A. were also mindful of the fact that if the application was successful, it would cut across the scope of the Horticulturists and the Poultry, Game and Marine Products Awards, thus necessitating a hearing to consider the scope contained in those awards.

The main submissions presented in favour of changing the scope of the Agriculturists Award were -

1. The new scope would more clearly reflect the operation of the industry of agriculture as a great majority of enterprises carry on more than one operation.

2. The new scope will embrace parts of horticulture and poultry production.

3. Poultry production prior to 1981 was carried out under the Agriculturists Award and when it was included in the Poultry, Game and Marine Products Award it created confusion with smaller operators, especially those who just raise birds and eggs.

4. The new scope would do away with the confusion that occurs amongst individual employers or farmers who may employ people under more than one award.

5. Because of the nature of a mixed farm, a person could be employed in dairying and during the fruit season could be picking soft fruits covered by the Horticulturists Award.

6. The parties have been in negotiations since 1982 to overcome these difficulties.

7. This would be a private sector award.

Decision

The parties requested that I give a decision on the agreed alteration to the scope of the Agriculturists Award and if the application was successful it should not be operative until some time in the future.

I have also noted that the new scope as presented by the parties cuts across two awards of the Commission, namely the Horticulturists Award and the Poultry, Game and Marine Products Award and therefore my preliminary decision on this application is subject to the successful outcome of applications to vary the scope of the abovementioned awards.

I know the parties have considered this position as it was raised during the course of their submissions.

Having made that point, I believe the scope of the Agriculturists Award should be varied in the manner sought by the parties.

There is no doubt that this variation will clarify a number of "grey" areas that have existed in this Industry for some time.

Operative Date

I reserve my decision on the operative date of this decision until -

(a) the other awards affected by this decision are clarified;

and

(b) until the new structure of the Agriculturists Award has been returned to the Commission for final ratification.

 

R.J. Watling
COMMISSIONER