T5316
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australasian Meat Industry Employees Union, MEAT PROCESSING INDUSTRY AWARD
New award - finalisation - definitions - wage rates - conditions of employment - consent matter - application granted - operative ffpp 18 February 1997 REASONS FOR FURTHER DECISION HISTORY: In an Order dated 3 March 1995, arising out of this application, the Commission made a new award known as the Meat Industry Award. The Order was issued only in respect of title and scope. At that time, the parties informed the Commission, it was their intention to have a single award covering the meat industry, which would culminate in the rescission of the Abattoirs Award, the Meat Trades Award and the Poultry and Game Processing Award. This agenda was part of the restructuring programme for those awards. The parties, during the course of discussions to finalise the new award, experienced a number of difficulties because of the diverse nature of retailing, wholesaling and processing of meat and meat products. As a result, an application1 was made to vary the title and scope of the Meat Industry Award to confine its application to the meat processing industry as defined by the scope. An Order was issued to that effect, dated 7 November 1996. At the same time, the parties foreshadowed that they would be making a separate application to vary the title and scope of the Meat Trades Award to have application in the industry of meat retailing, which would be defined by a new scope clause. CURRENT APPLICATION: This is the final decision in the process of making the Meat Processing Industry Award (previously known as the Meat Industry Award). When the hearing of this application2 resumed on 18 February 1997, Mr Swallow of The Australasian Meat Industry Employees Union, Tasmanian Branch (the applicant) sought and was granted leave to amend the original application to finalise the making of the new award, now known as the Meat Processing Industry Award, to deal with all the subject matters contained in, what he described as, a draft Order3. This was further amended4 during the hearing on 9 April 1997. The parties came before the Commission with total consent on the wage rates and conditions of employment to finalise the making of the award, and they requested endorsement of their agreement. It is not my intention to go through all the submissions presented as they can be found within transcript, but to say, the proposal presented by the parties:
The Commission was informed that agreement had been reached on the operative dates of the next two minimum rate adjustments, they being 1 July 1997 and 1 January 1998. However, at this point, the parties are reminded that future minimum rate adjustments to this award must be via separate applications made for that purpose. The general conditions of employment, presented by the parties for endorsement, were similar to those appearing in other awards of the Commission or, in certain instances, those appearing in the Meat Trades Award. Mr. T. Edwards and Mr. A. Cameron of the Tasmanian Chamber of Commerce and Industry Limited, during the course of presenting submissions in support of the application, addressed the relevant Wage Fixing Principles and the public interest requirements of the Act. FINDING: The making of this new award has been a long and arduous process, involving many hours of discussion between the parties, including a number of conferences conducted under the guidance of the Commission. Having considered the final documentation presented by the parties and their submissions, especially those in relation to the Wage Fixing Principles, I have been persuaded that the award should be finalised in the manner sought, and I decide accordingly. The Order giving effect to this decision is attached and will be operative from the date agreed to by the parties, that is, the first full pay period to commence on or after 18 February 1997.
R J Watling Appearances: Date and place of hearing: 1 T6552 of 1996
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