TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T9056 of 2000)

DAIRY PROCESSING AWARD

Award variation - restructure of award - consent matter - application granted - award varied - operative date ffpp 2 February 2001

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 Dairy Processing Award in accordance with the then Principle 16 - Award Review Process, of the Commission's Wage Fixing Principles.

When the matter came on for hearing Mr Robert Flanagan of the The Australian Workers' Union, Tasmania Branch appeared for the applicant and Mr Mark Watson 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 2 February 2001.

The Order is attached.

P C Shelley
COMMISSIONER

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

Date and place of hearing:
2000
June 22
Hobart