T8152, T8153, T8155, T8156, T8159
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union BAKING INDUSTRY AWARD and Correction Order
Award variation - insertion of Carer's Leave clause - consequential amendments - annual leave - hours - overtime - consent matters - applications approved - operative date ffpp 22 February 1999 REASONS FOR DECISION On 21 December 1998, applications were lodged by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the applicant), pursuant to s.23 of the Industrial Relations Act 1984, to vary the above mentioned awards by inserting new provisions for Carer's Leave. On 23 December 1996 a Full Bench of the Commission handed down a decision1 which approved, in principle, a flow on to the Tasmanian jurisdiction of the outcomes of decisions in the Australian Industrial Relations Commission, in the Family Leave Test Case of November 19942 and the Personal/Carers Leave Test Case - Stage 2 of November 19953. Ms Shelley, on behalf of the applicant in these matters, submitted that the proposed new clauses to be inserted in the respective awards were consistent with the Model Clause, approved by the previously mentioned Full Bench decision4, with the exception that they contained a provision for part-time employees, and minor variations of an industry specific nature. She also informed the Commission that the proposed clauses were consistent with the Wage Fixing Principles and did not offend the public interest test requirements of the Act. Ms Shelley's submissions were supported by Mr J Long of the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, and Mr J O'Neill of the Tasmanian Chamber of Commerce and Industry Limited. These matters came before the Commission with the consent of the parties. I am satisfied that the applications are consistent with the Wage Fixing Principles and do not offend the public interest requirements of the Act, therefore the awards will be varied in the manner sought. The variations will be operative from the first full pay period to commence on or after 22 February 1999. The Orders giving effect to this decision are attached.
R J Watling Appearances: Date and place of hearing: 1 T6296 of 1996 and T6441 of 1996 |