TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T9055 of 2000)

PLANT NURSERIES AWARD

Award variation - Principle 12 - award review process - variation and consolidation - consent matter - application granted - award varied - operative date ffpp 19 October 2000

REASONS FOR DECISION

On 20 June 2000, an application was lodged by The Australian Workers' Union, Tasmania Branch, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Plant Nurseries Award, to give effect to the then Principle 16 - Award Review Process of the Wage Fixing Principles.

When the matter came on for hearing on 21 June 2000 Mr R Flanagan appeared for the applicant and Mr M Watson appeared for the Tasmanian Chamber of Commerce and Industry.

Principle 12.1 states:

"12. AWARD REVIEW PROCESS

12.1 The Commission requires that each award is to be reviewed to ensure:

(i) consistent award formatting;

[ii] removal of discriminatory provisions;

[iii] removal of obsolete or amendment of inaccurate award provisions,

[iv] updating Clause 6 - Parties and Persons Bound (Award interest];

[v] the award is written in plain English;

[vi] inclusion of appropriate facilitative provisions;

[vii] the inclusion of an appropriate enterprise flexibility clause."

The actual variations sought are set out in Appendix 1 to this decision.

I am satisfied that the variations, outlined in the draft Order, as amended, presented by the parties as a consent document, are consistent with the Wage Fixing Principles as previously determined by the Commission. I hereby determine that the Fish, Aquaculture and Marine Products Award be varied in the manner sought, operative from the first pay period commencing on or after 19 October 2000.

The Order giving effect to this decision is attached.

P C Shelley
COMMISSIONER

Appearances:
Mr Robert Flanagan, for The Australian Workers' Union, Tasmania Branch
Mr Mark Watson, for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2000
June 21
Hobart