TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

Automotive, Food, Metals, Engineering,
Printing & Kindred Industries Union
(T7740 of 1998)

FISH, AQUACULTURE AND MARINE PRODUCTS AWARD

Award variation - Fish, Aquaculture and Marine Products Award - Clause 17 Holidays with Pay - Anzac Day falling on a weekend - matter to be dealt with as a special case in accordance with Principle 13

REASONS FOR INTERIM DECISION

This application was lodged by the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union to vary the Fish, Aquaculture and Marine Products Award. The application sought to ensure that a week day public holiday was applicable for Anzac Day when Anzac Day falls on a weekend.

Clause 17 states:

"17. HOLIDAYS WITH PAY

(a) All full time employees shall be allowed the following days as paid holidays.

Christmas Day, Boxing Day, New Year's Day, Australia Day, Hobart Regatta Day (south of Oatlands), Labour Day, Good Friday, Easter Monday, Anzac Day (where it falls Monday to Friday inclusive), Queen's Birthday, Show Day (as defined) and Recreation Day in those districts where Hobart Regatta Day is not observed.

(b) Payment for the holidays mentioned in subclause (a) which are taken and not worked, shall be at the normal rate of pay which would have applied to the employee concerned, when if it were not for such holiday, the employee had been at work.

(c) Where any of the aforementioned holidays, excluding Anzac Day, fall on a Saturday, Sunday or Rostered Day Off and are observed on the Saturday, Sunday or Rostered Day Off respectively, then the following ordinary working day shall be regarded as a holiday for the purposes of this award.

(d) Where the employer and employees mutually agree then any other day may be substituted for any of the above named days."

I have considered the preliminary submissions of the parties and have formed the view that this application should be dealt with as a special case in accordance with Principle 13 - Making and Varying an Award Above or Below the Safety Net - of the Wage Fixing Principles.

Accordingly this application will be referred to a Full Bench. The parties to the award will be advised in due course of the time and place of hearing.

F D Westwood
PRESIDENT

Appearances:
Mr P Baker for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr R Flanagan for the Australian Workers' Union, Tasmania Branch
Mr W J Fitzgerald of the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1998
July 2
Hobart