TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Workers' Union
Tasmania Branch
(T.3157 of 1991)

LANDSCAPE GARDENING AWARD

Making of a new award - title and scope

REASONS FOR DECISION

Currently landscape gardeners are covered by the Horticulturists Award, however, as part of the restructuring programme for that award the Australian Workers' Union, Tasmania Branch (AWU) and the Tasmanian Confederation of Industries agreed that a new award should be established to be known as the Landscape Gardening Award.

This application, made by the AWU seeks to establish this award so as to meet the need of the industry and to clearly define this area of operation especially in and around building projects. The interveners in this matter supported the submissions of the AWU after the applicant agreed to include the following proviso in the Scope clause:

PROVIDED that in the case of building projects (as defined) this award shall only apply upon completion of clean up work (as defined)."

Building Projects (as defined) means that which is commonly known in the building industry as `cottage work' which is residential building for the purpose of private dwelling and/or commercial building projects which is a building construction project other than `cottage work', built, erected or refurbished for the purpose of commercial gain.

Clean Up Work (as defined) means the cleaning away of building materials and or rubbish following the completion of building projects (as defined) or preliminary cleaning away of building materials and/or rubbish in preparation for landscape gardening prior to the completion of building projects (as defined).

I am satisfied there is a need for a new award to be known as the Landscape Gardeners Award and established in respect to the industry of Landscape Gardening and I hereby endorse and approve the agreed position of the applicant and interveners in this matter.

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.

As the making of this award is not yet completed and submissions still have to be presented in respect to wage rates and conditions of employment, employers falling within the scope of this award should continue to observe the wage rates and conditions of employment contained in the Horticulturists Award.

The order giving effect to this decision is attached and shall be operative from 25 November 1991.

R J Watling
COMMISSIONER

Appearances:
Mssrs J Wilkinson and G Cooper for the Australian Workers' Union, Tasmania Branch,
Mr G Warn intervening for the Transport Workers' Union of Australia, Tasmanian Branch.
Mr P Targett for the Tasmanian Confederation of Industries.
Mr J Gill intervening for the Australian Building Construction Employees' and Builders Labourers' Federation, Tasmanian Branch.
Ms D Moncrieff intervening for the Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch.
Mr M Clifford intervening for the Building Workers' Industrial Union of Australia, (Tasmanian Branch).
Mr R Randall intervening for the Plumbers and Gasfitters Employees Union of Australia, Tasmanian Branch.

Date and place of hearing:
1991
August 28
September 6
October 2 and 11
November 19
Hobart