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T3837

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Workers Union
Tasmanian Branch

(T.3837 of 1992)

HORTICULTURISTS AWARD

 

COMMISSIONER R J WATLING

30 June 1992

Award variation - Scope - Definitions - Wage Rates - Delete all reference to Nurseryman and/or Cultivator or Layer of Instant Turf or Lawn

REASONS FOR DECISION

Some time ago the parties to this award foreshadowed that award restructuring for the Horticulturists Award would take the following form:

(1) the fruit and vegetable growing provisions would become part of an award to be known as the Farming and Fruit Growing Award;

(2) the industry of landscape gardening, including greenkeeping, would form part of a new award to be known as the Landscape Gardening Award; and

(3) all parts of the award dealing with the work carried out by nurserymen would be brought under a new award to be known as the Plant Nurseries Award.

At the completion of the three phase programme, the parties indicated that they would then be seeking the repeal of the Horticulturists Award.

Phase 1 was completed in March this year and application T.3682 of 1992 saw the deletion of all reference in the Horticulturists Award to fruit and vegetable growing along with seed farming. That work now falls within the scope of the Farming and Fruit Growing Award.

Phase 2 is still under consideration, however, the Landscape Gardening Award has been established (T.3157 of 1991).

The application under consideration in this decision was lodged by the Australian Workers' Union, Tasmania Branch for the purpose of implementing Phase 3 by removing all reference in the Horticulturists Award to work now falling within the scope of the Plant Nurseries Award.

My decision dated 30 June 1992 arising out of application T.3111 of 1991 saw the completion of the process to make the Plant Nurseries Award with specific reference to wage rates and conditions of employment.

Given that decision there is no longer a requirement for the Horticulturists Award to contain any reference to nurserymen and/or cultivator or layer of instant turf or lawn as they are now obsolete from the operative date of that new award. Therefore, the application made by the Australian Workers' Union, Tasmania Branch is granted and will be operative from the first full pay period to commence on or after 30 July 1992 being the same operative date as the new Plant Nurseries Award.

The order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Mr G Cooper for the Australian Workers' Union, Tasmania Branch.
Mr W Fitzgerald for the Tasmanian Confederation of Industries.

Date and place of hearing:
1992
June 4 & 25
Hobart