TASMANIAN INDUSTRIAL COMMISSION

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

Australian Workers' Union
Tasmania Branch
(T.226 of 1985)

AGRICULTURISTS AWARD

Structural efficiency - new title and scope

REASONS FOR DECISION

On 17 January 1986 I handed down a decision granting "in principle" the parties request to expand the scope of the Agriculturists Award to read as follows:

"Scope Clause

Established in respect of the industry of Agriculture, including the operation of equipment and the carrying out of processes involved in the production, harvesting, processing and packaging of agricultural products, and without limiting the generality of the foregoing that is to say in or in connection with the following agricultural enterprises:

Dairying
Vegetable Production
Seasonal Harvesting/General Cropping
Fruit Growing
Poultry Production
Raising of Livestock/Livestock Production."

At that time the parties submitted that they would be prepared to argue the operative date of that decision after they had finalised negotiation on the structure of the award.

Now, some five and a half years later, the parties expressed a desire to reactivate this application as part of the second stage structural efficiency package.

Mr Wilkinson for the Australian Workers' Union, Tasmania Branch (AWU), submitted that since this issue was last discussed there was a need to further expand and clarify the scope of the Agriculturists Award as well as giving it a new title.

Whilst not wishing to destroy the integrity and thrust of the preliminary decision Mr Wilkinson urged the Commission to adopt the following proposal:

(1) The title of the award to be known as the `Farming and Fruit Growing Award'.

(2) The award to be established in respect of the industry of farming and/or fruit growing and without limited the generality of the foregoing, shall include:

(a) the preparation, sowing, raising, packing and harvesting of crops including grains, vegetables, peat moss, fungi, hops, nuts or other specialised crops grown for the production of essential oils or pharmaceuticals.

(b) livestock farming including the management, breeding, rearing and/or grazing of horses, cattle, sheep, pigs, goats, poultry, deer and/or other livestock;

(c) fruit growing including the management, cultivation, picking, grading, packing and/or forwarding of fresh fruits including grapes;

(d) seed farming and/or silviculture where such work is performed in conjunction with the activities specified in sub-clauses (a), (b) and (c) of this clause;

(e) apiarist;

(f) floriculturist (as defined).

Mr Targett, representing the Tasmanian Confederation of Industries (TCI), and Mr K Rice, representing the TFGA Industrial Association (TFGA), supported the submission of Mr Wilkinson and added that on closer examination, they found the need to expand upon the original decision, in an attempt to make it easier to understand and to elaborate on those parts of the industry that will be eventually removed from the Horticulturists Award.

Mr Targett also pointed out that the new scope would incorporate floriculture i.e. those employers involved in the growing of plants through to bloom for the retail and wholesale market.

All parties requested that I make an "in principle" decision at this stage thus enabling (a) further discussions to take place on the expanded coverage of the award and (b) consideration to be given to an operative date along with any draft orders.

Having considered the submissions of the parties and their degree of unanimity I am prepared to endorse the new title and scope of the Agriculturists Award in the same terms as that presented by the applicant. I am of the view that it does extend and clarify the earlier proposition submitted by the parties in 1985.

This matter will be reconvened at an appropriate time in the near future to consider the operative date.

R J Watling
COMMISSIONER

Appearances:
Mr J Wilkinson for the Australian Workers' Union, Tasmania Branch.
Mr G Warn intervening for the Transport Workers' Union of Australia, Tasmanian Branch.
Mr K Rice for the TFGA Industrial Association.
Mr P Targett for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991
August 28
Hobart