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Tasmanian Industrial Commission

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T3834

 

TASMANIAN INDUSTRIAL COMMISSION

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

National Union of Workers, Tasmanian Branch
(T.3834 of 1992)

AUTOMOTIVE INDUSTRIES AWARD

 

COMMISSIONER P A IMLACH

17 June 1992

Scope

REASONS FOR DECISION

This was an application by the National Union of Workers, Tasmanian Branch (the NUW) for a variation to be made to the scope clause of the Automotive Industries Award (the Award) to provide for the exclusion of work covered by the scope of the Rubber Trades Award.

The NUW in its submissions, advised that at a recent hearing of the Commission (T Nos 3789 and 3815 of 1992) an amendment was made to the scope clause of the Rubber Trades Award extending or clarifying its jurisdiction to include:

"...persons engaged in or in connection with or incidental to operations where the principal business" was the "Retail sale, storing and distribution of rubber tyres and may include incidental products and services" and the fitting of rubber tyres.

The NUW submitted that this application was a necessary consequence and supplementary to the Rubber Trades Award amendment to remove any doubts and confusion over the jurisdictions of the two awards. In particular the NUW contended that the amendment proposed in this application would clarify the situation and remove disputation.

The other unions represented at the hearing advised that they did not object to the application and so also did the Tasmanian Confederation of Industr-i=es-wh4.c confirmed the history of the matter.

I accept the submissions of the parties and grant the application. The amendment to the award will operate from 15 June 1992.

 

P A Imlach
COMMISSIONER

Appearances:
D Strickland for the National Union of Workers, Tasmanian Branch.
P Noonan for the Shop Distributive and Allied Employees' Association Tasmanian Branch.
J Long for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1992
Hobart:
June 15.