T708
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Federated Miscellaneous Workers Union of Australia,
Re: new award REASONS FOR DECISION This application by The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (FMWU) for the making of the Health and Fitness Centres Award has been in the Commission since March 1987. The award was made in respect of title and scope operative from 14 May 1990. Since then the parties have not reached a position to facilitate the finalisation of the award making process. In the intervening period the President declared pursuant to Section 43 of the Industrial Relations Act that the provisions of the Hairdressers Award had application to the health and fitness centres proposed to be covered by the Health and Fitness Centres Award. In the circumstances, and given that the parties were not able to proceed with conditions of employment and wage rates matters for the Health and Fitness Centres Award, the FMWU sought the making of an interim award. The interim award, proposed to be referred to as the Health and Fitness Centres (Interim) Award picks up the provisions, with minor amendment from the Hairdressers Award. Mr Fitz erald appearing for the Tasmanian Confederation of Industries (TCI~ submitted that the Commission should not make the award as requested by Mr O'Brien for the FMWU. Mr Fitzgerald argued that the Hairdressers Award was not appropriate to the health and fitness centre industry. He also submitted, in essence that the making of an interim award would not address structural efficiency issues necessary for the efficient and viable operation of the industry. Having regard to the submissions of the parties, and as indicated in the proceedings, I now confirm the making of the interim award. The Hairdressers Award already has application to health and fitness centres as declared by the President. Also I consider that the making of an interim award in the terms requested by Mr O'Brien, will provide a catalyst for the parties to progress to finalisation their negotiations dealing with industry specific requirements. The making of this interim award is in accord with the First Awards And Extensions To Existing Awards Wage Fixing Principle. This does not prevent the parties from progressing the finalisation of this matter in accordance with the Structural Efficiency Principle. As indicated in the proceedings on 4 May 1992 the award will be made operative from the first full pay period to commence on or after that date. The parties are to provide the appropriate draft order having regard to the details as set out in Exhibit 02. The order will issue in due course.
RK Gozzi Appearances: Date and place of hearing:
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