T1136
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Municipal, Administrative, Clerical & Services Union PUBLIC VEHICLES AWARD
Award variation - Holidays With Pay - award varied REASONS FOR DECISION (1) The Australian Municipal, Administrative, Clerical & Services Union (ASU) has advised of an error in the Public Vehicles Award. The effect has been a reduction in entitlements to employees by the deletion of a number of words from Clause 18 (then Clause 14) Holidays With Pay. (2) It would appear that the error has occurred in the re-drafting of the award in matter T No 1136 of 1988. (3) The ASU seeks that the Commission, pursuant to s.21(1)(l) of the Industrial Relations Act 1984 (the Act) "correct, amend, or waive any error, defect, or irregularity". (4) Accordingly, being satisfied that the deletion was by error, and pursuant to s.19(2)(a) of the Act I will vary the award to now include the following provisions "the first Monday in November (where Hobart Regatta Day is not observed), Christmas Day and Boxing Day". (5) Clause 18 Holidays With Pay will now provide: "(a) All employees (other than casual employees) shall be allowed the following days as paid holidays: New Year's Day, Australia Day, Hobart Regatta Day (south of Oatlands), Labour Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day, the first Monday in November (where Hobart Regatta Day is not observed) Christmas Day and Boxing Day. (b) Payment for the holidays mentioned in subclause (a) which are taken and not worked, shall be at the normal rate of pay which would have applied to the employee concerned, when, if it were not for such holiday, he/she had been at work. (c) Payment to an employee for work performed on holidays mentioned in subclause (a) shall be at the rates prescribed elsewhere in this award." (6) The effect of this decision and order will be to vary the Public Vehicles Award to re-instate the entitlement as though it had not been removed.
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