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T6552

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Tasmanian Chamber of Commerce and Industry Limited
(T6552 of 1996)

MEAT INDUSTRY AWARD

 

COMMISSIONER R J WATLING

HOBART, 7 November 1996

Award variation - title - scope - consent matter - application granted - award varied - operative date 7 November 1996

REASONS FOR DECISION

This application was lodged by the Tasmanian Chamber of Commerce and Industry Limited for the purpose of varying the title and scope of the Meat Industry Award.

In an Order, dated 3 March 1995, arising out of application T No. 5316 of 1994, the Commission as currently constituted, made a new award known as the Meat Industry Award. At that time it was the intention of the parties to have a single award covering the meat industry, culminating in the rescission of the Abattoirs Award, the Meat Trades Award and the Poultry and Game Products Processing Award.

Having made that new award in terms of the title and scope, it was then left to the parties to continue discussions with the aim of reaching agreement on the rates of pay and conditions of employment to be included in the new award.

When hearing submissions on this application, it was put to me that the parties were having great difficulty in try to finalise a single meat industry award because of the diverse nature of retailing, wholesaling and processing of meat and meat products.

The Commission was informed by Mr T J Edwards, of the Tasmanian Chamber of Commerce and Industry Limited, that little, if any, progress would be made in finalising the Meat Industry Award because of difficulties being experienced and, as such, he was of the view that the meat industry, at this time, would be better served if the title and scope of the Meat Industry Award was varied to enable the award to only cater for the needs of the meat processing industry as defined by the new scope clause, which was contained in an attachment to the application.

Mr Edwards also brought to the Commission's attention to the fact that an application had been lodged with the Commission to vary the title and scope of the Meat Trades Award to convert that award into the Meat Retailers Award.

It was the view of the parties at the hearing that the variations made to the Meat Industry Award would hasten the process of finalising wage rates and conditions of employment for a significant proportion of the meat industry.

The submissions presented by Mr Edwards were supported by Mr G Cooper of The Australian Workers' Union, Tasmania Branch and Mr J Swallow of The Australasian Meat Industry Employees Union, Tasmanian Branch.

I have been persuaded by the submissions of the parties to approve the variations to the Meat Industry Award as I am satisfied that, at this time, it does not seem possible to achieve the earlier goals the parties set themselves, i.e. to have one meat industry award.

To varying the award in manner sought will, in my view, hasten the award restructuring process for a significant part of the meat industry and that, of course, is consistent with the wage fixing principles.

In making this decision I have also noted that there is an application lodged with the Commission to vary the Meat Trades Award, which may lead to award restructuring for the retail side of the industry.

For the abovementioned reasons the award will be varied and the Order giving effect to this decision is attached. This Order will be operative on and from 7 November 1996.

 

R J Watling
COMMISSIONER

Appearances:
Mr J Swallow for The Australasian Meat Industry Employees Union, Tasmanian Branch
Mr G Cooper for The Australian Workers' Union, Tasmania Branch
Mr T J Edwards for the Tasmanian Chamber of Commerce and Industry Limited and the National Meat Association of Australia (Tasmanian Division)

Date and place of hearing:
1996
November 7
Hobart