T5296 - 31 March
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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Australian Liquor, Hospitality and Miscellaneous Workers Union -
WHOLESALE PLANT BAKERIES AWARD
Making of new award - title and scope - consent matter
REASONS FOR DECISION
This application, which was amended at the commencement of the hearing on 29 March 1995, was lodged by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch, pursuant to section 23 of the Act, for the purpose of establishing a new award to be known as the Wholesale Plant Bakeries Award.
It was stated by the parties that this consent application formed part of the restructuring programme for the Bakers Award and would provide an equitable base upon which enterprise bargaining would commence.
It was proposed that the new award would have application in the wholesale plant bakery industry which was described as -
“the baking, preparation for sale and distribution of bread, bread rolls and other yeast raised products where such products are predominantly sold at premises other than those on which they are made.”
This, in effect, would cover the four major plant bakeries in the State, however, the parties foreshadowed that, at some time in the future, there may be a need to extend the scope of the proposed new award to cater for the needs of the industry.
In support of the application the parties also submitted -
1. that the current Bakers Award was too diverse and as a result it was extremely difficult to progress award restructuring and modernisation;
2. the proposed new award would cater for the specific needs of the major plant bakeries; and
3. it would accelerate restructuring and the implementation of classification standards and relativities along with minimum rates adjustments.
Until the making of the award had been finalised in respect to rates of pay and conditions of employment, the parties were of the view that the Bakers Award would continue to apply.
Having considered the submissions of the parties I have arrived at the conclusion that a new award should be established along the lines sought by the parties. I fully understand and endorse their submissions as there is no doubt that the current Bakers Award is very diverse and leads to a multiplicity of views (from both the employee and the employer perspective) when trying to come to grips with the question of award restructuring.
The proposal presented in support of this application should go a long way to facilitate the award restructuring programme for a significant sector of the industry.
For the foregoing reasons the application is endorsed by the Commission in the terms outlined by the parties and will be operative on and from 1 April 1995. The Order giving effect to this decision is attached.
Having decided to establish this new award it is now open to any registered organisation to seek an interest in the award in accordance with the provisions of the Industrial Relations act 1984. After determining the organisations that have an interest in the award, the Commission will continue to hear submissions associated with the rates of pay and conditions of employment to be contained in that award.
R J Watling
Appearances:
Date and place of hearing: |