T4858
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The AWU-FIME Amalgamated Union HORTICULTURISTS AWARD
Wage rates - State Wage Case December 1994 - Arbitrated Safety Net Adjustment - consent matter - application granted - award varied - operative ffpp 9 March 1994 Award variation - Clause 32 - Right of Entry - consent matter - application granted - award varied - operative 9 March 1994 REASONS FOR DECISION This application, which was amended at the start of the hearing, was made by The AWU-FIME Amalgamated Union, Tasmania Branch (AWU-FIME) for the purpose of varying the Horticulturists Award to reflect the $8 arbitrated safety net adjustment determined by the Commission in the State Wage Case decision dated 24 December 1994 (T.4692 of 1993) and to vary Clause 32 - Right of Entry to make it consistent with the Act. Mr Cooper for the applicant presented submissions in support of the application and tendered a draft order showing the effect any increase would have on the award. Mr Fitzgerald for the Tasmanian Chamber of Commerce and Industry Limited, supported the application. Decision I note that the restructuring programme for this award mainly consisted of deleting certain parts of the award and transferring them to the Plant Nurseries Award and the Farming and Fruit Growing Award. The Horticulturists Award remains in operation to basically cover the work by landscape gardeners. That being the case Mr Cooper informed the Commission that his organisation was currently considering the future existence of this award given the Commission has already established the Landscape Gardeners Award. After hearing submissions from the parties I endorse the application and the award will be varied in the manner sought by the applicant as it is consistent with the decision arising out of the State Wage Case dated 24 December 1993, the Wage Fixing Principles and the Public Interest requirements of the Act. The Order giving effect to this decision is attached and will be operative from the beginning of the first full pay period to commence on or after 9 March 1994.
R J Watling Appearances: Date and place of hearing:
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