T8258
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Workers' Union, Tasmania Branch SHELLFISH INDUSTRY AWARD
Award variation - variation of Holidays with Pay clause - to include Anzac Day when it falls on a weekend - application approved - consent order issued operative ffpp 7.4.99 REASONS FOR DECISION This application was lodged by the Australian Workers' Union, Tasmania Branch, pursuant to section 23 of the Industrial Relations Act 1984, to vary the Holidays with Pay clause of the Shellfish Industry Award. The proposed variation was to ensure that when Anzac Day falls on a weekend it would be observed as a paid holiday on the day on which it fell, including Saturdays and Sundays The application was lodged following and consistent with the decision of the Full Bench in Matter T7740 of 19981 which varied (by consent) the Fish, Aquaculture and Marine Products Award in a similar manner. That application had been referred to the Full Bench to be dealt with as a special case pursuant to Principle 13 of the Wage Fixing Principles - Making and Varying an Award Above or Below the Safety Net. Mr Flanagan, for the Australian Workers' Union, Tasmania Branch, referred to the Full Bench decision and submitted that the Shellfish Industry Award contained the same anomalous provision in its Holidays with Pay clause. He said approval of the application would have no further flow on effect as there were no other awards of the Commission having the same anomalous provision. Mr Flanagan submitted that the application did not offend the wage fixing principles, in particular Principle 13, in the context that it had been a matter which had previously been considered and approved by the Commission. Also he said there would be no adverse effect on public interest. The matter was a consent application by the parties, he said, and an operative date was sought of the first full pay period commencing on or after 7 April 1999. Mr O'Neill, for the Tasmanian Chamber of Commerce and Industry Limited, submitted that the Chamber had no objection to the proposed award variation and he supported the applicant's submissions. I accept those submissions and, fortified by the decision of the Full Bench, approve the variation which is to be operative from the first full pay period to commence on or after 7 April 1999. The appropriate order is attached.
F D Westwood Appearances: Date and place of hearing: |