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T9057

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T9057 of 2000)

SHELLFISH INDUSTRY AWARD

 

COMMISSIONER P C SHELLEY

HOBART, 22 December 2000

Award variation - restructure of award - consent matter - application granted - award varied - operative date ffpp 22 December 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 Shellfish Industry 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 23 June 2000 Mr Robert Flanagan of the The Australian Workers' Union, Tasmania Branch appeared for the applicant and Mr Paul Mazengarb appeared for the Tasmanian Chamber of Commerce and Industry Limited.

"12.1 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 the Appendix to this decision.

I am satisfied that the application is consistent with the Wage Fixing Principles and does not offend the public interest, therefore the award will be varied in the manner sought by the parties, including the operative date being the first full pay period to commence on or after 22 December 2000.

The Order is attached.

 

P C Shelley
COMMISSIONER

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

Date and place of hearing:
2000
June 23
Hobart