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T3677

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Workers' Union
Tasmanian Branch
(T.3677 of 1992)

FARMING AND FRUIT GROWING AWARD

 

COMMISSIONER R J WATLING

9 March 1992

Wage rates - State Wage November 1989 - Structural Efficiency Principle second stage - First and second minimum rates adjustments - Various award amendments - 38 hour week - occupational superannuation - State wage August 1991 - Increase wage rates and allowances by 2.5% - consent application granted - Operative from FFPP 13 March 1992

REASONS FOR DECISION

In my decision Reasons for Decision dated 30 August, 1991, arising out of application T.226 of 1985 I endorsed a consent matter to vary the Title and Scope of the Agriculturists Award.

In Orders arising out of that decision the Agriculturists Award will now be known as the Farming and Fruit Growing Award from the first full pay period to commence on or after 13 March 1992. This was the initial phase of the restructuring for this industry.

This application (T.3677 of 1992) seeks to vary the Farming and Fruit Growing Award to:

1. Reflect an agreed structural efficiency package negotiated under the Structural Efficiency Principles;

2. include in the classification levels (a) the second Structural Efficiency Principle increase arising out of the Oct/Nov State Wage Decision 1989 (b) the first and second minimum rates adjustment(c) the 2.5 increase arising out of the August 1991 State Wage Case Decision;

3. implement the 38 hours working week;

4. provide for the 3% occupational superannuation in accordance with the Wage Fixing Principles.

At the hearing the parties presented an agreed package on all the issues being the subject of this application (Exhibit C1).

I have carefully examined all the clauses contained in Exhibit C1 and I am satisfied that this consent application should be endorsed for the following reasons:

1. It is industry specific and endeavours to cater for existing practices in the Farming and Fruit Growing Industry.

2. Restructuring has been carried out in accordance with the Wage Fixing Principles.

3. The award will be more `user friendly' and provides a great deal of flexibility at the enterprise level.

4. All variations are in accordance with the Wage Fixing Principles and comply with the Public Interest requirement of the Act.

The parties placed on transcript the following issues that will form a "reserve list" and for which a separate application will be lodged with the Commission.

They are:

(a) part-time employment;

(b) minimum hiring period for casuals; and

(c) the formula to be adopted when calculating minimum piece-work rates for casuals.

It is to be also noted that this agreed package contains the first and second minimum rates adjustments and, as part of that agreed package, the third and fourth minimum rates adjustments will not be made until the early part of 1993 and to be operative no earlier that the first full pay period on or after 13 March 1993.

The Orders giving effect to this decision are attached and they will be operative from the agreed date, i.e. the first full pay period on or after 13 March 1992.

 

R J Watling
COMMISSIONER

Appearances:
Mr G Cooper for the Australian Workers' Union, Tasmania Branch.
Mr G Warn for the Transport Workers' Union of Australia, Tasmanian Branch.
Mr W Fitzgerald for the Tasmanian Confederation of Industries.
Mr K Rice for the TFGA Industrial Association.

Date and place of hearing:
1992
February 28
March 3
Hobart