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T10537

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
[10537 of 2002]

Fish, Aquaculture and Marine Products Award

 

COMMISSIONER P C SHELLEY

HOBART, 28 January 2003

Award variation - variation of award - consent matter - application granted - award varied - operative date ffpp 7 February 2003

REASONS FOR DECISION

[1] On 14 November 2002, an application was lodged by The Australian Workers' Union, Tasmania Branch pursuant to s.23 of the Industrial Relations Act 1984, to vary the Fish, Aquaculture and Marine Products Award.

[2] The application sought to vary Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 2 - Annual Leave, subclause [a] - Period of Leave to provide for 5 weeks annual leave for employees on cyclic rosters.

[3] On 2 January 2002 a hearing was convened at Commonwealth Law Courts, 39-41 Davey Street, Hobart to commence on Friday 24 January 2003 at 10.30 am.

[4] At the hearing Mr R Flanagan appeared for The Australian Workers' Union, Tasmania Branch, while Mr P Baker appeared for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union. Mr J O'Neill appeared for the Tasmanian Chamber of Commerce and Industry Limited.

[5] Mr Flanagan gave oral submissions in support of the application, stating that there had been an oversight regarding this award which this application sought to rectify. Mr O'Neill advised that there had been no adverse comments from members of the Tasmanian Chamber of Commerce and Industry Limited and that it was generally accepted that the application reflected the industry standard.

[6] Having considered these submissions , I am satisfied that the application satisfies s.36 of the Act, therefore the award will be varied in the manner sought.

[7] The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 7 February 2003.

 

P C Shelley
COMMISSIONER

Appearances:
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr P Baker for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Date and place of hearing:
2003
January 24
Hobart