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T706 and T707

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.706 and T.707 of 1987

IN THE MATTER OF APPLICATIONS BY THE TASMANIAN CHAMBER OF INDUSTRIES TO VARY THE ABATTOIRS AWARD AND THE MEAT TRADES AWARD RESPECTIVELY

   
 

RE: SHIFT WORK

   

COMMISSIONER R.K. GOZZI

HOBART, 16 April 1987

 

REASONS FOR DECISION

 

APPEARANCES:

 

For the Australasian Meat Industry Employees Union,
Tasmanian Branch

- Mr J Swallow

   

For the Meat and Allied Trades Federation of Australia,
Tasmanian Division and the

Tasmanian Confederation of Industries

- Mr T J Edwards with
  Mr M. Flynn

 

DATE AND PLACE OF HEARING OF T.617 OF 1986 HEARD ALONE::

 

8 April 1987

Devonport

   

These two applications by the Tasmanian Chamber of Industries (TCI) to vary the Abattoirs Award and the Meat Trades Award were received by the Registrar on 11 March 1987.

Both applications were couched in identical terms and sought to alter the title of the award provisions relating to shift work from "Shift Work - Cleaning and Hygiene" to simply read "Shift Work".

At the hearing of this matter on 8 April 1987 the two applications were joined.

Mr. Edwards explained that the intent of the applications was to reflect in the award the practice adopted in the industry from time to time where, with the consent of the Australasian Meat Industry Employees' Union (AMIEU), shift work is undertaken outside the area of cleaning and hygiene.

Mr. Swallow for the AMIEU indicated his consent to the applications on the understanding that (i) the award provisions should also stipulate that shift work may be utilized only with the agreement of the AMIEU; and (ii) the AMIEU is not precluded from arguing that the variations now requested to be made should be regarded as cost offsets in Commission proceedings dealing with the union's claim for reduced working hours in matters T.617 and T.619 of 1986.

Certainly I have no problem with the proposition that the introduction of extended shift work provisions by agreement between the parties be put forward by one or both of the parties as cost offsets in another matter. However as I indicated in transcript, the offsets, if proceeded with as such, will have to be quantified and substantiated to the satisfaction of the Commission at the appropriate time.

With regard to the proposed consent award variations I have no difficulty with them. In fact I congratulate the parties on seeking to include in the awards a provision which has the effect of making working arrangements more flexible.

The variations do not offend the Wage Fixing Principles and are in accord with public interest considerations.

Accordingly I approve the variations which will be operative from the date of this decision.

The orders, as submitted on behalf of the parties, are attached.

 

RK Gozzi
COMMISSIONER