T10366
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch
(T10366 of 2002) BETTA MILK CO-OPERATIVE SOCIETY LTD
Industrial Agreement - agreement approved - operative date 2 February 2002 - forwarded to the Acting Registrar for registration REASONS FOR DECISION [1] This application, lodged pursuant to s.55 of the Industrial Relations Act 1984 by The Australian Workers' Union, Tasmania Branch, the Australian Municipal, Administrative, Clerical and Services Union (the unions) and the Betta Milk Co-operative Society Ltd (the employer), was for the purpose of filing an industrial agreement with the Commission. [2] On 16 August 2002, the Commission convened a hearing at Commonwealth Law Courts, 39-41 Davey Street, Hobart before myself, to commence on Wednesday 4 September 2002 at 10.30 am. [3] The agreement, to be known as the Betta Milk Co-operative Society Ltd Industrial Agreement (2002-2005) is to be operative from the beginning of the first full pay period to commence on or after 2 February 2002 and it is to remain in force for a period of three years. [4] The agreement applies to all employees all employees who are, at any time, employed at a Betta Milk Co-operative Society work-site or workplace to which this industrial agreement applies. [5] Oral submissions were presented by Mr R Flanagan for The Australian Workers' Union, Tasmania Branch and Mr J Graham on behalf of the employer in support of the application. [6] Mr Graham said that this was the second agreement, the first having been made in 1998 [T8169 of 1998]. The proposed agreement would replace the previous one in full. [7] In his submission, Mr Graham said that the agreement meets all of the tests, including the public interest test at section 36 of the Industrial Relations Act. [8] The agreement would have application from 2 February 2002 and would run for three years. The terms of the agreement have been applied since that date, with a pay increase applicable for that date. [9] In support of the application for retrospectivity, Mr Flanagan said that there was no compromise of the public interest in the Commission providing for retrospectivity, nor would the position of the employer or the employees be compromised by the retrospective operation of the agreement. [10] Having considered those submissions, I am satisfied the agreement should be approved as it satisfies the public interest test pursuant to section 36 of the Act and Principle 3 of the Wage Fixing Principles. I also approve the operative date as agreed between the parties to the agreement pursuant to section 55(5A)(b). [11] The file will now be referred to the Acting Registrar in accordance with the requirements of s.56(1) of the Act.
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