T2843
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Tasmanian Confederation of Industries
Enterprise flexibility REASONS FOR DECISION This was an application made under Section 23 of the Act by the Tasmanian Confederation of Industries (the Confederation) for an amendment to the Wireworking Award (the Award). The amendment sought was for an "enterprise flexibility" clause to be inserted in the Award. In the decision in T2214 of 1990, I declined to endorse a similar clause on the basis that, in my view, some parts of it were contrary to the Act. Since that decision the Commission, with the Confederation in particular, has been able to settle and endorse an acceptable "enterprise flexibility" clause. Mr T Edwards, who appeared for the Confederation and the Metal Industries Association Tasmania, pointed to all the foregoing factors and submitted that it would be proper for me to endorse the application especially as I had indicated in the decision previously mentioned that I would do so once the objections had been removed. Mr Edwards also confirmed that two other small consequential amendments to clause 20 - Meal Breaks and clause 26 - Shift Work, which were part of the draft order in the initial matter (T.2214 of 1990), were also part of this application and he sought to amend the claim accordingly. Messrs J Long and B Hansch who appeared for the Federated Ironworkers' Association of Australia, Tasmanian Branch and the Transport Workers' Union of Australia, Tasmanian Branch respectively both expressed no objections to the application. The clause sought is the same as that recently endorsed by the Commission and I therefore have no hesitation in endorsing the application. The Award will be amended in the terms of the application operative from the first full pay period commencing on or after 11 January 1991.
P A Imlach Appearances: Date and place of hearing: |