T9236
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Workers' Union, Tasmania Branch SILVICULTURE AND AFFORESTATION AWARD
Award - Application and Operation of the Award, Part II Employment Relationship and Associated Matters, Part III Wage Rates and Related Matters, Part IV Allowances, Part V Hours of Work, Penalty Payments and Overtime, Part VI Leave and Holidays with Pay, Part VII Consultation and Dispute Resolution, Part VIII Occupational Health and Safety, Tools and Amenities, and Part IX Award Compliance and Union Related Matters - consent matter - application granted - operative date ffpp 1 January 2001 REASONS FOR DECISION On 16 November 1999, the then President of the Tasmanian Industrial Commission, issued an Order arising out of application T8584 of 1999, establishing the Silviculture and Afforestation Award (the award) with specific reference to title and scope. In an Order arising out of a later decision (T8804 of 2000), The Australian Workers' Union, Tasmania Branch, the Tasmanian Chamber of Commerce and Industry Limited, and the Tasmanian Trades and Labor Council were granted an interest in that award. This application was lodged by the Australian Workers' Union, Tasmania Branch (AWU) pursuant to section 23 of the Industrial Relations Act 1984, for the purpose of inserting wage rates and conditions of employment. The subject matters forming part of this application are shown in attachment A to this decision. Mr R Flanagan, for the applicant, took the Commission, as currently constituted, through the award history for this industry and its close association with the AWU Construction and Maintenance Award, being an award of the Australian Industrial Relations Commission. Mr Flanagan, also detailed the changes that had taken place in the industry and how major companies had out-sourced their silviculture and afforestation work, thus leaving employees of those contractors award free. Mr Flanagan tendered a draft order (Exhibit F.1) submitting that significant parts of it were modelled on the AWU Construction and Maintenance Award. He also highlighted the fact that certain clauses contained in the draft order had different operative dates, thus providing a "phase in" period for certain conditions. Mr Flanagan contended that it was not in the public interest to leave employees, falling within the scope of this award, free of award coverage and urged the Commission to adopt the agreement of the parties as set out in Exhibit F.1. Mr Dilger, for the Tasmanian Chamber of Commerce and Industry Limited, supported the submissions of Mr Flanagan and submitted the matter came before the Commission with the consent of all parties. Having considered the submissions of the parties, I approve the consent application to insert in the Silviculture and Afforestation Award the conditions of employment as set out in Exhibit F.1. I am satisfied this final process of making the award is not contrary to the public interest requirements specified in s.36 of the Act. The Order giving effect to this decision is attached.
R J Watling Appearances: Date and place of hearing: ATTACHMENT A
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