T6258 - 24 June
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union - BAKING INDUSTRY AWARD
Making of new award - title - scope - definitions - consent matter - operative 21 June 1996 REASONS FOR DECISION In its decision arising out of application T5296 of 1994 the Commission made a new award known as the Wholesale Plant Bakeries Award. This was operative on and from 1 April 1995. As a result of that decision the major plant bakeries in the State were removed from the scope of the Bakers Award. A further application, T5954 of 1995, was made by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch which sought to extend the scope of that award to cover smaller bakeries. When that matter came on for hearing the parties adjourned into private conference under the guidance of the Commission. On its conclusion all parties agreed not to pursue the extension of the Wholesale Plant Bakeries Award at this time and instead, they indicated that an application would be made for a new Baking Industry Award to cater for the needs of the medium to small operators within that industry. As a result of the above, this amended application, lodged by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch, pursuant to section 23 of the Act, was for the purpose of establishing a new award to be known as the Baking Industry Award. It was stated by the parties that this consent application formed part of the continuing program for restructuring the Bakers Award which would eventually be rescinded. It was proposed that the new award have application in the baking industry which was described as -
The parties went to some length to point out that for an employer to be covered by the proposed Baking Industry Award there was a need for the business to be involved in (a) above and (b) above and may include (c) above. The parties also foreshadowed the need to clarify the scope of the Restaurant Keepers Award and the Retail Trades Award to eliminate any overlapping or confusion that may arise through the making of the Baking Industry Award. The parties were of the view that the new award should be in a modern format and drawn up in such a way as to make it easier for the end user to understand and comply with. Until the making of the award had been finalised in respect to rates of pay and conditions of employment, it was agreed that the Bakers Award would continue to apply. Having had the benefit of participating in private discussions with the parties and understanding their aims and objectives for the making of this new award, along with the submissions presented during the course of this hearing, I have arrived at the conclusion that the application should be endorsed by the Commission in the terms outlined by the parties and operative on and from 21 June 1996. The application is, in my view, consistent with the Wage Fixing Principles. The Order giving effect to this decision is attached. Having decided to establish this new award it is now open to any registered organisation to seek an interest in the award in accordance with the provisions of the Industrial Relations Act 1984. After determining the organisations that have an interest in the award, the Commission will continue to hear submissions associated with the rates of pay and conditions of employment to be contained in that award.
R J Watling Appearances: Date and place of hearing: |