TASMANIAN INDUSTRIAL COMMISSION

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

The Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch
(T.3488 of 1991)

ICE CREAM MAKERS AWARD

Award variation - annual leave clause

REASONS FOR DECISION

This was an application by the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the FMWU) made under Section 23 of the Act for an amendment to the Ice Cream Makers Award (the Award). The amendment sought was actually a correction to the number of hours specified for the period of leave in the annual leave clause of the Award.

The relevant subclause (a) currently specifies, "A period of one hundred and forty two hours paid annual leave ...". This should always have read, "A period of one hundred and fifty-two hours paid annual leave...". The "one hundred and fifty two" being related to four weeks of thirty-eight hours each.

The Commission was advised that the one employer concerned, Petersville, had always operated on the "one hundred and fifty two hour" basis, so no serious problems had arisen over the mistake.

The Federated Clerks Union of Australia, Tasmanian Branch supported the submissions of the FMWU.

The Tasmanian Confederation of Industries confirmed the situation advised by the FMWU and supported the claimed amendment.

The application is granted and the amendment will operate from today.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
K Illingworth for the Federated Clerks Union of Australia, Tasmanian Branch.
K Dando for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
T Edwards for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
George Town:
October 15.