TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for the making of a new award

The Australian Workers' Union,
Tasmania Branch
(T.2703 of 1990)

CLAY AND MUD PRODUCTS AWARD

Award - new award

REASONS FOR DECISION

This was an application by the Australian Workers' Union, Tasmanian Branch (the AWU) under Section 23 of the Act for the making of a new award - the Clay and Mud Products Award.

Mr V Jacobs appeared for the AWU at the hearing and submitted that the application for the new Award should be granted in the form set out in Exhibit J1 which he presented. The scope of the new award sought, as set out in the exhibit was "in respect of the industry of manufacturing and or selling of articles made of clay or mud." Mr Jacobs said that one reason for the Award to be made was the advent of mud brick production in Tasmania: it was quite well established interstate.

Mr G Warn, who appeared for the Transport Workers' Union of Australia, Tasmanian Branch supported the application so long as no driver classifications were included in the new Award.

Mr T Edwards, who appeared for the Tasmanian Confederation of Industries (the Confederation), supported the application and submitted that it should be accepted. He referred to the advent of mud brick making and he also said that, because of perceived unsuitable provisions in the Clay Products Award, it was considered advisable and more efficient to make a new Award in conjunction with the implementation of the Structural Efficiency Principle in this industry.

Mr Edwards submitted that the Commission had full powers to make the Award sought in accordance with Section 33 of the Act.

Having heard the parties I am satisfied that a new award, the Clay and Mud Products Award, ought to be made because of the advent of mud brick making, the intention of the parties to review the other Award and the agreement between the parties for the new Award and I so decide.

An order, operative from the date of this decision is attached.

It will remain for the interested union or unions in due course to apply under the requirements of the Act for interest in the new Award to be granted.

P A Imlach
COMMISSIONER

Appearances:
Mr V Jacobs for the Australian Workers' Union, Tasmanian Branch.
Mr G Warn for the Transport Workers' Union of Australia, Tasmanian Branch.
Mr T Edwards for the Tasmanian Confederation of Industries.

Date and place of hearing:
1990.
Hobart:
October 1.