TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Industrial Commission
(T10747 of 2003)

LANDSCAPE GARDENING AWARD

Rescission of award - operative 2 April 2003

REASONS FOR DECISION

[1] This application, a motion by the Tasmanian Industrial Commission, sought to rescind the Landscape Gardening 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] The matter was set down for hearing on Wednesday 2 April at 10.30 am in the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania. The following organisations were advised of the hearing details:

The Australian Workers' Union, Tasmania Branch;

Tasmanian Chamber of Commerce and Industry Limited; and

Tasmanian Trades and Labor Council

[4] By correspondence dated 31 March 2003, The Australian Workers' Union, Tasmania Branch informed the Commission that it would be unable to attend the hearing and:

"The union respectfully requests the commission in determining whether or not the Award should be rescinded take into account the following factors:

a The Award exist in Title and Scope only;

b The Award was established by application of the AWU over 10 years ago and has no operative provisions;

c The Horticulturalist Award covers the Industry of Landscape Gardening.

Having regard to the above factors the union supports the rescission of the Award."

[5] Ms J Thomas, for the Tasmanian Chamber of Commerce and Industry Limited, did not oppose the rescission of the award.

[6] Given the submissions of the parties to the award, I hereby determine that the Landscape Gardening Award be rescinded as an award of the Tasmanian Industrial Commission on and from the 2 April 2003, and I so Order.

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

R J Watling
DEPUTY PRESIDENT

Appearances:
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2003
April 2
Hobart