IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This matter concerns the consent variation to the Musicians Division of the Entertainment Award by the inclusion of a new clause - Special Arrangements, to reflect an existing provision in federal awards.

The proposed new clause is as follows:

"35A - Special Arrangements

Where the Federal Council or Federal Executive or a Branch Committee of the union agrees with an employer that for special reasons rates and/or conditions as prescribed herein should not apply, altered rates and/or conditions may be agreed upon between the parties. Such altered rates and/or conditions shall apply only to the specified establishment(s) for which application has been made."

Mr. Cushion, appearing for the Musicians Union of Australia, said that the above provision would relate specifically to the Theatre Royal. He said it would provide the flexibility to facilitate amateur, as opposed to only professional productions to be undertaken at the theatre.

The intent of the above clause is to allow the parties to apply, by agreement, altered conditions and/or rates to amateur productions.

The variation of the Entertainment Award in the manner sought does no violence to the wage fixing principles. In my opinion the variation requested by the parties is sensible and I have no hesitation in supporting it.

The order amending the award is attached hereto and is from the date of this decision.

R.K. Gozzi
COMMISSIONER