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T2231

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.2231 of 1989

IN THE MATTER OF AN APPLICATION BY THE TRANSPORT WORKERS' UNION OF AUSTRALIA TO VARY THE MEAT TRADES AWARD

   
 

RE: WAGE RATES FOR CARTERS AND DRIVERS; STARTING AND FINISHING TIMES

   

COMMISSIONER R.K. GOZZI

HOBART, 19 December 1989

 

REASONS FOR DECISION

 

APPEARANCES:

 

For the Transport Workers' Union
of Australia
Tasmanian Branch

- Mr B. Hansch

 

For the Tasmanian Confederation
of Industries

- Mr T Edwards with
  Mr M. Flynn

 

DATE AND PLACE OF HEARING:

 

19 October 1989

Hobart

   

In this matter the Transport Workers' Union of Australia, Tasmanian Branch (TWU), sought the variation of the Meat Trades Award to provide for drivers of articulated vehicles to be paid an extra 74 cents per complete tonne when driving a vehicle over 9 tonnes.

This is a standard provision in awards which contain classifications for drivers of articulated vehicles.

The Meat Trades Award does not currently contain an appropriate provision when drivers of articulated vehicles drive a vehicle in excess of 9 tonnes.

To that extent the work in question is award-free. The question of the application of the Commission's wage fixing principles was canvassed in the proceedings.

Having regard to the submissions of the parties I indicate my support for the comments of Mr Edwards in respect of the application of the First Awards and Extensions to Existing Awards Principle.

In the circumstances I am prepared to vary the award in the manner requested operative from the first full pay period to commence on or after 1 January 1990.

Mr Hansch appearing for the TWU also requested the Commission to include in the award a "Starting and Finishing Times" provision.

Following off-record discussions and private conference between the parties an agreed variation was proposed to be included in the award.

The provision requested to be inserted is logical in that employees should be able to readily ascertain in the award the time for commencement and cessation of work.

The Commission was assured that earlier negotiated offsets for the 38-hour week and 4 per cent second tier were not in any way vitiated by the variation requested.

The variation is endorsed operative from the date of this decision.

The orders in respect of the two variations will issue in due course.

 

RK Gozzi
COMMISSIONER