T2012 - preliminary

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984


T. 2012 of 1989	IN THE MATTER OF AN APPLICATION BY THE AUSTRALIAN WORKERS' UNION, TASMANIA BRANCH FOR THE MAKING OF THE FISH, AQUACULTURE AND MARINE PRODUCTS AWARD

COMMISSIONER R J WATLING	HOBART, 21 June 1990

REASONS FOR PRELIMINARY DECISION

APPEARANCES:

For The Australian Workers' Union, Tasmanian Branch	- Mr. T. Harding (10.7.89) - Mr. D. Hanlon with Mr. J. Butler (31.1.90) - Mr. C. Hayes (7.6.90)

For The Amalgamated Metal Workers' Union	- Mr. D. Harding (10.7.89) - Mr. D. Price (31.1.90)

For The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch	- Ms. D. Moncrieff (10.7.89)

For The Food Preservers Union of Australia (Tasmanian Branch)	- Mr N Treharne (10.7.89) - Mr. D. Holden (31.1.90 & 7.6.90)

For the Transport Workers' Union of Australia, Tasmanian Branch	- Mr. G. Warn (7.6.90)

For the Shop Distributive and Allied Employees' Association - Tasmanian Branch	- Mr. P. Noonan (7.6.90)

For the United Sales Representatives and Commercial Travellers' Guild of Australia, Tasmanian Branch	- Mr. P. Noonan (7.6.90)

For the Tasmanian Confederation of Industries	- Mr. T. Edwards (10.7.89 & 31.1.90) - Mr W Fitzgerald (10.7.89)

For the TFGA Industrial Association	- Mr. T. Edwards (10.7.89)

DATE AND PLACE OF HEARING:

10 July 1989 Hobart 31 January 1990 Hobart 7 June 1990 Hobart

As a result of the last State Wage Case decision, all awards of the Commission were called on for hearing to enable the Commission to receive progress reports on structural efficiency negotiations.

During the course of the report on the Poultry, Game and Marine Products Award (TP16 of 1990), the principal parties foreshadowed that consideration had been given to the establishment of a new marine products award as part of the structural efficiency exercise.

This application, made by The Australian Workers' Union, Tasmania Branch, is for the making of a new award to be known as the `Fish, Aquaculture and Marine Products Award'.

Mr. C. Hayes for The Australian Workers' Union, Tasmania Branch, proceeded to establish the need for the award and, amongst other things, stated that the application underpinned the desire by the Union to fulfil its commitment under award restructuring, as well as making an award more specific and relevant to the industry of producing and processing fish, aquaculture and marine products.

Currently, persons employed in the industry of producing and processing fish are covered by the Poultry, Game and Marine Products Award.

It was Mr. Hayes' submission that the `scope' of that award applied with some degree of generality over a range of industries and was not industry specific.

He said that this restricted the desire of the parties to bring about changes in the production and processing of fish and marine products, to make the award more relevant to a specific industry and to accommodate efficiency measures.

There was no opposition by any parties attending the hearing to the making of the new award.

After considering the submissions of the parties, I am satisfied that there is a need to establish a new award specifically for the production and processing of fish, aquaculture and marine products.

I note also that the making of this new award is an integral part of the structural efficiency discussions taking place in this industry.

Given the foregoing, I hereby determine that a new award be created, the title of which shall be the `Fish, Aquaculture and Marine Products Award' and it shall be established in respect to the industry of producing and processing of fish, aquaculture and marine products.

The Order giving effect to this decision is attached with an operative date from 21 June 1990.

Having decided to establish this new award, it would now be open to any registered organisation to seek an interest in the award in accordance with the provisions of the Industrial Relations Act 1984. After the completion of that exercise, the Commission will continue to hear submissions on the content of the award.

R J Watling
COMMISSIONER

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