IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application, made by the Federated Liquor and Allied Industries Employees Union of Australia (Tasmanian Branch) [F.L.A.I.E.U.], was for the purpose of correcting an omission in the Aerated Waters Award in the following terms:

"(1) In Clause 18 - Holidays and Sundays, delete subclause (b) and insert the following:

(b) If any of the said named days fall on a weekend and no working-day is generally observed as such a day, a day in lieu thereof shall be allowed to each employee during the following week and shall in respect of such employee be treated as if it were a public holiday."

Mr. Sherry, representing the F.L.A.I.E.U. gave the Commission a brief history of the variation requested, which can be summarised as follows:

(i) the variation was inserted in the Aerated Waters Award via a section 30 consent application made under the Industrial Relations Act 1975, in July 1982;

(ii) the orders arising out of that hearing did not contain the agreed matter and an erratum (Exhibit S1) was subsequently issued and notified in the Tasmanian Government Gazette on 8 June 1983, rectifying the omission;

(iii) later, when that award was consolidated by the Tasmanian Industrial Commission in No. 4 of 1985 notified in the Tasmanian Government Gazette on 22 January 1986, the erratum was not included in the consolidation.

(iv) The error was further compounded in Nos. 1 and 2 of 1986 both consolidations of this award notified in the Tasmanian Government Gazette on 21 May 1986 and 15 October 1986, respectively.

Mr. T.J. Edwards, representing the Tasmanian Confederation of Industries [T.C.I.], advised the Commission that he agreed with the submission of the F.L.A.I.E.U..

He said that the application was directly in line with the intent of the parties back in 1983 and the erratum presented to the Commission as Exhibit S1.

I find that an error did occur dating back to 1983, however, in agreeing to vary the award in the manner sought by the parties, I make no comment or decision on the merit of the said clause as it was an agreed matter under the Industrial Boards system. This decision only remedies an omission from the consolidated award.

As nothing hinges on the operative date (having been informed that the industry observed the earlier erratum when it had application on Anzac Day 1987) the order reflecting the decision will be processed along with the State Wage Case decision.

R.J. Watling
COMMISSIONER