T6547
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited MEAT TRADES AWARD
Award variation - scope - title - definitions - carer's leave - consequential amendments - removal of obsolete provisions - consent matter - application granted - operative ffpp 18 February 1997 REASONS FOR DECISION HISTORY: In an Order dated 3 March 1995, arising out of application T5316 of 1994, the Commission made a new award known as the Meat Industry Award. An Order was issued 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, it was said, formed part of the restructuring programme for those awards. The parties, during the course of discussions to finalise the making of the new Meat Industry 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 amended application, lodged by the Tasmanian Chamber of Commerce and Industry Limited, pursuant to section 23 of the Act, was for the purpose of amending the Meat Trades Award to: · vary the title of the award to the Meat Retailers Award; · redefine the scope of the award to read as follows: "This award is established in respect of the industry of: (a) selling of uncooked meat; (b) making and selling of Butchers' smallgoods; and (c) preserving and processing meat." · remove all clauses not specific to the industry of meat retailing; · include "Carer's Leave" arising out of the Full Bench decision T No. 6296 of 1996 and T No. 6441 of 1996; · make consequential amendments brought about by the renumbering of clauses along with appropriate cross-referencing; · amend the "Hours of Work" and "Overtime" clauses. The subject matters dealt with in this application constitute the first stage of restructuring this award and I would strongly urge the parties to commence their discussions to continue the process and modernise the provisions contained therein; remove any unnecessary provisions; and, in general, make the award more user friendly. The parties presented an agreed draft Order which, in my view, is consistent with the Wage Fixing Principles and the public interest test required under the Act as the variations sought do nothing more than re-arrange an existing award to remove all superfluous material given the making of the Meat Processing Industry Award2. The inclusion of the carer's leave provision is consistent with the Full Bench decision dealing with that subject matter, and therefore should be included. For the foregoing reasons, the award will be varied in the manner sought by the parties, including the agreed operative date, that is the first full pay period to commence on or after 18 February 1997 to coincide with the making of the Meat Processing Industry Award. The Order giving effect to this decision is attached.
R J Watling Appearances: Date and place of hearing: 1 T6552 of 1996
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