TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.32(7A) application to rescind an award

Australian Municipal, Administrative, Clerical and Services Union
(T10423 of 2002)

SOFTGOODS AWARD

Rescission of award - operative 14 October 2002

REASONS FOR DECISION

[1] This application, lodged by the Australian Municipal, Administrative, Clerical and Services Union (the applicant), sought to rescind the Softgoods Award.

[2] Section 32(7A) of the Act states -

"The Commission may, of its own motion or upon application by an organization and after consultation with such organizations as it considers appropriate, by notice in the Gazette, rescind an award it considers no longer serves any useful purpose."

[3] On 13 September 2002 all parties to the award, including the Minister for Justice and Industrial Relations, were notified of a hearing to take place on 10 October 2002 for the purpose of considering the application.

[4] Mr I Paterson, for the applicant and the National Union of Workers, Tasmanian Branch, presented a submission to the Commission which, simply stated, contended that:

• the application of the award was not apparent from the Scope i.e. the trade of Softgoods Warehousemen;

• to the extent that any employees are subject to the award, such employees were more appropriately covered by either the Wholesale Trades Award or the Clerical and Administrative Employees (Private Sector) Award; and

• the wages and conditions were below the general standards applying under other awards of the Commission.

[5] Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited supported the application.

[6] Having considered the submissions of the applicant and the parties represented at the hearing, I hereby determine that the Softgoods Award be rescinded as an award of the Tasmanian Industrial Commission on and from the 14 October 2002, as I am satisfied it no longer serves any useful purpose.

[7] The Order giving effect to this decision is attached.

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union and the National Union of Workers, Tasmanian Branch
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2002
October 10
Hobart