T3111
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Workers Union PLANT NURSERIES AWARD
New award - wage rates and conditions of employment REASONS FOR FURTHER DECISION Arising out of the structural efficiency programme for the Horticulturists Award the Australian Workers' Union, Tasmania Branch made application to create a new industry specific award to be called the Plant Nurseries Award. A decision arising out of that application (T.3111 of 1991), dated 12 August, 1991, established the Title and Scope of the award. On 25 September, 1991, the AWU and the Tasmanian Confederation of Industries (TCI) were granted an interest in the Plant Nurseries Award (T.3390 of 1991). This further decision arising out of application T.3111 of 1991 is for the purpose of determining the wage rates and conditions of employment that will apply to the industry falling within the scope of the said award. The parties presented a consent position on all the issues before the Commission and requested the proposals as outlined in Exhibit AWU2 (as amended) be endorsed. A new classification structure, along with appropriate classification definitions had been developed for the industry. The wage rates contained in the exhibit comprehended (a) the structural efficiency increases available through the Oct/Nov 1989 State Wage Case decision (b) the first two, out of a total of four, minimum rates adjustments (c) the 2.5% increase arising out of the August 1991 State Wage Case decision. The parties informed the Commission that separate applications would be made for the third and fourth minimum rate adjustments at some time in the future, and they would be seeking operative dates of the first full pay period to commence on or after 30 July, 1993 and 30 January, 1994 respectively. Whilst acknowledging that the new award will initially contain a 40 hour working week, nevertheless, the parties placed on transcript their agreement to phase in the 38 hour week in the following manner: (1) a reduction to 39 hours per week from the first full pay period to commence on or after 1 January, 1993; and (2) a further reduction of 1 hour to 38 hours per week from the first full pay period to commence on or after 1 June, 1993. This would be achieved by separate applications. The other major features of the award are (1) that it allows greater flexibility for work to be undertaken on Saturdays and Sundays and (2) provides conditions of employment, for part-time employees in such a manner, so as to enhance more permanent employment in the industry. The parties have also: (a) inserted faciliative provisions in relevant clauses; (b) established a consultative mechanism; (c) made provision for the employer to direct employees to carry out such duties as are within the limits of the employee's skill, competence and training. Having carefully examined the draft new award (Exhibit AWU2 (as amended)) and having heard the submissions of the parties, I have arrived at the conclusion that the agreement should be reflected in the Plant Nurseries Award and I decide accordingly for the following reasons: (1) the package conforms with the Wage Fixing Principles, and specifically the Structural Efficiency Principle, (2) the agreement conforms with the public interest requirements of the Act, (3) larger cost items such as minimum rates adjustments and the 38 hour week will be phased in over time thus reducing the cost impact, (4) the award will be industry specific and designed to cater for the needs of the industry, not only in terms of the classification structure but also the conditions of employment, (5) the consent nature of the application. The order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 30 July 1992.
R J Watling Appearances: Date and place of hearing:
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