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T9050

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Tasmanian Chamber of Commerce and Industry Limited
(T9050 of 2000)

NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD

 

DEPUTY PRESIDENT R J WATLING

HOBART, 12 July 2000

Award variation - Schedule A - deletions and extension to list of industries covered - consent matter - application granted - award varied - operative ffpp 12 July 2000

REASONS FOR DECISION

On 15 June 2000, an application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by the Tasmanian Chamber of Commerce and Industry Limited (the applicant).

The applicant sought to vary Schedule A, contained in the National Training Wage (Tasmanian Private Sector) Award, by deleting two awards listed in the Schedule and inserting 21 new awards.

When the matter came on for hearing, the applicant was represented by Mr T.J. Edwards, and an appearance was entered by Mr R Flanagan for The Australian Workers' Union, Tasmania Branch.

Mr Edwards stated that he had undertaken discussions with all registered employer and employee organisations having an interest in the awards he was seeking to include in Schedule A.

Arising out of those discussions, he sought to amend the application by deleting the Emu Bay Railway Award and the Musicians Award from the Schedule, and inserting 16 new awards (Exhibit TCCI.1); namely -

    Clay and Mud Products Award
    Concrete Products Award
    Fertiliser Industry Award
    Fish, Aquaculture and Marine Products Award
    Furnishing Trades Award
    Horticulturists Award
    Independent Schools (Teachers) Tasmania Award
    Landscape Gardening Award
    Monumental Masons Award
    Plant Nurseries Award
    Plumbers Award
    Professional Engineers and Scientists (Private Industry) Award
    Quarrymens Award
    Shellfish Industry Award
    Silviculture and Afforestation Award, and
    Wireworking Award.

I allowed the Mr Edwards to amend the application, as there was no opposition to the request.

Mr Edwards, through the presentation of Exhibit TCCI.2, established to the Commission's satisfaction, that the appropriate training authority had established training packages applicable to the industries described in the scope of each of the awards sought to be included in the National Training Wage (Tasmanian Private Sector) Award.

Mr Edwards also submitted that he was seeking to delete the Emu Bay Railway Award as it was no longer an award of the Commission; and the Musicians Award as it was a craft award and did not meet the requirements of the scope of the National Training Wage (Tasmanian Private Sector) Award.

Mr Flanagan, whilst making no submission in respect of the inclusion of the Furnishing Trades Award; the Independent Schools Teachers) Tasmania Award; the Plumbers Award; and the Professional Engineers and Scientists (Private Sector) Award; nevertheless, supported the submissions of Mr Edwards, in respect of all other awards listed in the application.

Having heard the submissions from the parties, I am satisfied that the National Training Wage (Tasmanian Private Sector) Award should be varied in the manner sought by the applicant.

In approving the application, I am satisfied it is not contrary to the public interest test required pursuant to s.36 of the Act.

The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 12 July 2000.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr TJ Edwards with Miss V Stewart for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2000
July 12
Hobart