TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
The Australian Workers' Union, Tasmania Branch
Award variation - vary wage rates - new Minimum Wage Clause - operative dates 1 October 2002 and 1 April 2003
REASONS FOR DECISION
 On 1 August 2002, an application was lodged by The Australian Workers' Union, Tasmania Branch, pursuant to s.23 of the Industrial Relations Act 1984 [the Act], to vary the Fish, Aquaculture and Marine Products Award.
 The terms of the application were to delete the current rate of pay for the Process Attendant Level 1, appearing in Part III Clause 2 - Wage Rates of the Award, and to insert in lieu thereof the amount of $431.40, and to insert a new minimum wage clause in Part III - WAGE RATES AND RELATED MATTERS Clause 2 - Wage Rates.
 A hearing was set down at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on 11 September 2002 at 10.30 am.
 At the hearing Mr R Flanagan appeared on behalf of The Australian Workers' Union, Tasmania Branch while Mr J O'Neill appeared for the Tasmanian Chamber of Commerce and Industry Limited. The application was by consent.
 Mr Flanagan made submissions to the Commission to the effect that the pay rate for the Process Attendant Level 1 appearing in the Fish, Aquaculture and Marine Products Award should be increased in two steps, operative from the first full pay period on or after 1 October 2002 and 1 April 2003.
 This application arose out of a conference convened by the Commission consistent with the decision of the Full Bench in T10230 etc of 2002, the State Wage Case. At that conference it was agreed that an application would be made to give effect to Principle 7 of the Wage Fixing Principles, that is, the insertion of the minimum wage clause.
 Mr Flanagan said that there was a gap of $8.30 per week between the existing rate for a Process Attendant Level 1 ($423.10) and the State Minimum Wage of $431.40, and the proposal was for a phasing-in of the difference in two stages, ie $4.15 from 1 October 2002 and a further $4.15 from 1 April 2003.
 The minimum wage clause will have effect from 1 April 2003. The parties submitted that the requirements of s.36 of the Act have been met, and that the variations sought are consistent with the Full Bench decision T10230 etc of 11 July 2002 and the Wage Fixing Principles.
 I accept the submissions of the parties. The award will be varied in the manner sought.
 The Order giving effect to this decision is attached and will be operative from the dates stated.
P C Shelley
Date and place of hearing: