TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or award variation

Australian Workers Union
Tasmania Branch
(T.4121 of 1992)

PLANT NURSERIES AWARD

Award variation - reduce ordinary hours of work from 40 hours per week to 39 hours per week - first part of phased in 38 hour week - consent matter - award varied - operative ffpp 1 January 1993

REASONS FOR DECISION

On 30 June 1992 the Commission handed down a decision¹ which saw the Plant Nurseries Award varied in the following manner to include:

(a) a new classification structure and wage rates;
(b) the structural efficiency increase arising out of the Oct/Nov 1989 State Wage Decision;
(c) the first two, out of a total of four, minimum rates adjustments;
(d) the 2.5% increase arising out of the August 1991 State Wage Case Decision.

That decision also stated the following:

"Whilst acknowledging that the new award will initially contain a 40 hour working week, nevertheless, the parties placed on transcript their agreement to phase in the 38 hour week in the following manner:

(1) a reduction to 39 hours per week from the first full pay period to commence on or after 1 January 1993; and

(2) a further reduction of 1 hour to 38 hours per week from the first full pay period to commence on or after 1 June, 1993.

This would be achieved by separate applications."

This application was lodged by the Australian Workers Union, Tasmania Branch (AWU) on 7 December 1992 for the purpose of reducing the ordinary hours of work contained in the Plant Nurseries Award from 40 to 39 in accordance with the previously mentioned agreement arising out of application T.3111 of 1991.

At the commencement of the hearing Mr Cooper for the AWU covered the history associated with this matter and tendered an exhibit (AWU 1) in the form a draft order showing the effect of the reduction of ordinary hours to 39 per week.

The proposal was not opposed by the Tasmanian Confederation of Industries as it conformed with the agreement presented to the Commission during the course of hearing application T.3111 of 1991.

This consent application is approved by the Commission as it forms part of the agreed matters arising out of T.3111 of 1991 and is not contrary to the Wage Fixing Principles and the Public Interest requirements of the Act. The award will be varied in the manner sought by the parties operative from the first full pay period to commence on or after 1 January 1993.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr G Cooper for the Australian Workers Union, Tasmania Branch.
Mr S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1993
Jan 25
Hobart

1 T3111 of 1991