T3313 and T3314
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Australian Workers' Union,
Making of a new award - granted
REASONS FOR DECISION
On 21 June 1990 the Commission made a new award titled the Fish, Aquaculture and Marine Products Award.
It was established in respect to the industries of producing and processing fish, aquaculture and marine products.
These application seek to:
Both Mr Wilkinson for the Australian Workers' Union, Tasmania Branch (AWU) and Mr Fitzgerald for the Tasmanian Confederation of Industries (TCI) requested the Commission to establish this award because of the difficulties being experienced by the parties whilst trying to cater for the shellfish industry during the negotiation to finalise the wage rates and conditions of employment for the new Fish, Aquaculture and Marine Products Award.
The parties explained the need to acquire this industry specific award and foreshadowed that there may be little or no requirement to arbitrate the content of it as all parties were very close to reaching agreement.
Having had the benefit of inspections in recent months, I am satisfied that this industry is sufficiently different when it is compared to those that produce and process other species of fish and marine products. Of course, one of the major difficulties is its dependency on the tides.
I have been persuaded by the submissions presented that there is a need to establish a shellfish industry award and I decide accordingly.
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. After the completion of that exercise, the Commission will continue to hear submissions on the content of the award.
As a consequence of this decision it follows that the Fish, Aquacultre and Marine Products Award should be varied to exclude the production of live shellfish and this will be done as a matter of course.
The Orders giving effect to this decision are attached and they will be operative from 30 August 1991.
R J Watling
Date and place of hearing: