TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s59 application for variation of agreement

Statewide Independent Wholesalers Limited

and

National Union of Workers (Central Branch)
(T11441 of 2004)

STATEWIDE INDEPENDENT WHOLESALERS GROCERY DISTRIBUTION CENTRE - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2002-2004

Variation of registered agreement T10967 of 2003 - operative 1 January 2004 - 1 November 2004

REASONS FOR DECISION

[1] This application was lodged by Statewide Independent Wholesalers Limited and the National Union of Workers (Central Branch), pursuant to Section 59 of the Industrial Relations Act 1984, for a variation to the Statewide Independent Wholesalers Limited Grocery Distribution Centre - National Union of Workers Enterprise Agreement 2002-20041 (the original agreement).

[2] At the hearing in Launceston on 28 April 2004, Mr D Sutherland represented Statewide Independent Wholesalers Limited. Ms K Wood represented the National Union of Workers (Central Branch).

[3] The parties advised that the application sought to make the following variations to the Agreement:

• Amending the definitions of shifts appearing at clause 8;
• A corresponding amendment to the spread of hours appearing at clause 21(b);
• An alteration to the number of single sick leave days allowed each year without the need for a medical certificate;
• An expansion of the role of the consultative committee as defined at Attachment A;
• An ability to access a pro rata entitlement to long service leave after 10 years service. [Note: Mr Sutherland has subsequently advised that the Company has been granted an exemption pursuant to section 7 of the Long Service Leave Act.]

[4] Ms Wood advised that the variations had been the subject of numerous discussions between the parties and approved by a valid majority of employees subject to the agreement.

[5] I am satisfied that the agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

[6] Pursuant to s.59(2) the agreement will be varied operative from 1 January 2004 and shall remain in force until 1 November 2004.

[7] A consolidated order incorporating the variations is attached.

Tim Abey
COMMISSIONER

Appearances:
Mr D Sutherland for Statewide Independent Wholesalers Limited
Ms K Wood for the National Union of Workers (Central Branch)

Date and place of hearing:
2004
April 28
Launceston

1 T10967 of 2003