T9019
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch Farming and Fruit Growing Award
Award variation - Clause 7 - Definitions - Clause 8 - Wage Rates - consent - application granted - award varied - operative date ffpp 20 February 2001 REASONS FOR DECISION On 31 May 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 Farming and Fruit Growing Award re Clause 7 - Definitions. When the matter came on for hearing on 11 October 2000, Mr R Flanagan appeared for the applicant, Mr K Rice appeared for the Tasmanian Farmers and Graziers Employers Association (TFGA), and Mr D Dilger appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI). The application concerned difficulties which had emerged in relation to traineeships. The Commission was told that in this industry, unlike other industries, an employee can be engaged at a Certificate Level 3 without having first completed Certificates 1 and II. The applicant's position was that the completion of a Certificate Level III in itself was a trades equivalent level, regardless of whether or not Certificates I and II had first been completed. The view of the TFGA was that an employee should have completed both Certificate Level II and Certificate Level III, not just Certificate Level III on its own, before the industry would see them as trades equivalent. The parties requested an adjournment so that discussions could take place between the TCCI and the Tasmanian Trades and Labor Council regarding broader questions relating to the fact that the vocational education and training system has moved away from the traditional apprenticeship arrangements. The request for an adjournment was granted. The hearing recommenced on 11 December 2000. Mr Flanagan advised the Commission that this application does not impact upon the broader discussions taking place between the peak bodies. The parties sought another adjournment so that further discussions could take place and so that witnesses could be brought to give evidence. When the hearing reconvened on 30 January 2001, Mrs B Roney appeared for the TFGA and the TCCI. Mr Flanagan and Mrs Roney advised the Commission that the matter was now able to proceed by consent, and presented a draft consent order. The agreement reached between the parties and reflected in the draft consent order was that a person who is engaged in a traineeship at AQF Level III and who has not previously completed a traineeship at Level II shall be paid at the relevant classification rate prescribed for adult employees. This variation will be inserted into Clause 8 - Wage Rates. In the case of an employee who has successfully completed Certificates Level II and III, Clause 7 - Definitions of the award will be varied so that it is clear that the qualification is equivalent to what was previously the completion of an apprenticeship, and those people will be paid the "tradesmen's rate". I am satisfied that the variations, as outlined in the draft consent order are consistent with the Wage Fixing Principles as previously determined by the Commission. I hereby determine that the Farming and Fruit Growing Award be varied in the manner sought, operative from the first full pay period commencing on or after 20 February 2001. The Order giving effect to this decision is attached.
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