T3825
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Workers' Union Tasmanian Branch (T.3825 of 1992) FARMING AND FRUIT GROWING AWARD
Award variations - Scope - Definitions - Contract of Employment - Holiday, Saturday and Sunday and Overtime payment - Hours of Work - Wage rates Junior classification REASONS FOR DECISION This application was made by the Australian Workers' Union, Tasmanian Branch for the purpose of varying the Farming and Fruit Growing Award in the following manner: (1) to vary the scope clause to include: (a) the preparation for packaging of crops, vegetables, fruit etc. (2) to include in the award a definition for dairy farm employee; (3) extend the junior rates of pay; (4) clarify the contract of employment clause to ensure that disputed matters relating to termination of employment were referred to the Commission; (5) include in the award special provisions relating to dairy farm employees in respect to hours of work and the payment for holiday, Saturday, Sunday and overtime work. The Commission's decision of 9 March, 1992, arising out of application T.3677 of 1992, endorsed a number of variations to the Farming and Fruit Growing Award to reflect an agreed structural efficiency package negotiated under the Structural Efficiency Principle. Since that time the parties have found some anomalies especially as they relate to the dairy industry. This application seeks to rectify those problems and to include in this award some of the provisions that previously applied to dairy farmers under the old Agriculturists Award. The subject matter of this application was fully endorsed by the Tasmanian Confederation of Industries and the TFGA Industrial Association. The parties spent some time taking the Commission to their reasons for requiring the variations to the Farming and Fruit Growing Award and they highlighted the need to make minor changes to the scope of the award to remove perceived ambiguities. The Commission is prepared to endorse this consent application in the form outlined by the parties as it clarifies a number of issues including that of dairy farm employees. The application conforms with the Public Interest requirements of the Act and the Wage Fixing Principles. The Order giving effect to this decision is attached and will be operative from the first full pay period on or after 26 June 1992.
R J Watling Appearances: Date and place of hearing:
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