TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Food Preservers Union of Australia
Tasmania Branch
(T.2982 of 1991)

and

Tasmanian Confederation of Industries

Australian Workers' Union
Tasmanian Branch

POULTRY, GAME AND MARINE PRODUCTS AWARD

Award variation - preference to unionists - extension to include Food Preservers Union of Australia, Tasmania Branch - granted

REASONS FOR DECISION

The Poultry, Game and Marine Products Award currently contains a clause giving preference in employment to members of the Australian Workers' Union, Tasmania Branch (AWU). This application, made by the Food Preservers Union of Australia, Tasmania Branch (FPU), seeks a variation to Clause 28 - Preference to Unionists - giving that organisation equal preference with the AWU in respect to classifications pertaining to the processing of marine products.

Mr Treharne, representing the applicant, submitted that to do other than grant the application would create a situation whereby the organisation he represents would be placed in a less favourable position than the AWU yet both organisations have a registered interest in the award. Mr Treharne informed the Commission that arising out of discussions with the AWU agreement had been reached on a draft new preference clause which was tendered as Exhibit T1 (this was amended during the course of the hearing). Mr Hayes for the AWU endorsed the contents of the exhibit (as amended) presented by the FPU and indicated his support for the application.

Mr Fitzgerald for the Tasmanian Confederation of Industries supported the agreement reached by the two employee organisations.

I endorse the submissions presented by the parties and note that even though members of the AWU and the FPU would have preference of employment in the processing of marine products I am satisfied that the two employee organisations have taken the necessary steps to clarify their area of influence by agreeing to the following:

"when the employers business involves the farming of fish, aquaculture and/or marine products as well as the processing of the same the AWU shall have coverage of all employees within the employers enterprise to the exclusion of all other unions."

That being the case I am going to amend the award in the manner sought.

The order giving effect to this decision is attached; operative from 28 March 1991.

R J Watling
COMMISSIONER

Appearances:
Mr N Treharne with Mrs A Urquhart for the Food Preservers Union of Australia, Tasmania Branch.
Mr C Hayes for the Australian Workers' Union, Tasmania Branch.
Mr P Noonan for the Shop Distributive and Allied Employees' Association, Tasmanian Branch.
Mr W Fitzgerald for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1991
March 27
Hobart