TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T.3371 of 1991)

CLAY PRODUCTS AWARD

Rescission of award

REASONS FOR DECISION

This was an application made under Section 23 of the Act by the Australian Workers' Union, Tasmania Branch (the Union) for the rescission of the Clay Products Award (the Award).

The Union submitted that the Award ought to be rescinded because it had been replaced by a new award, the Clay and Mud Products Award, which was finalised completely on 22 July 1991. The new award had resulted from a complete review, expansion and modernisation of the Award under the Structural Efficiency Principle.

For the sake of consistency the Union sought for the rescission order to operate from the same date as the new award was completed, 22 July 1991.

The Tasmanian Confederation of Industries (the Confederation) in support of the rescission application said that the Commission had the power, under Section 32(7) of the Act to rescind the Award. It also noted that the 2.5% August 1991 State Wage Case decision increase had been applied to the new award and therefore it was superior to the Award.

The Confederation also concurred with the operative date claimed.

For the reasons put forward by the parties I endorse the application and the Award will be rescinded.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
J Wilkinson for The Australian Workers' Union, Tasmania Branch.
S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
September 17.