T12473
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch SILVICULTURE AND AFFORESTATION AWARD
Award variation - insertion of new clause - draft Order amended - shift work - consent matter - application granted - award varied - operative ffpp 14 February 2006 REASONS FOR DECISION [1] On 15 December 2005, an application was lodged by The Australian Workers' Union, Tasmania Branch (AWU) pursuant to s.23 of the Industrial Relations Act 1984, to vary the Silviculture and Afforestation Award by the insertion of a new clause - shift work. [2] The application was set down for hearing at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Tuesday 20 December 2005 at 2.15 pm. However at the request of the applicant this was subsequently changed to 31 January 2006 at 9.30 am. [3] At the hearing Mr R Flanagan appeared on behalf of the AWU and Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited (TCCI). [4] Having heard the submissions from the parties, I am satisfied that the award should be varied in the manner set out in the amended draft order. In approving the application, I am satisfied it is consistent with both the Wage Fixing Principles and the public interest test required pursuant to s.36 of the Act. [5] The application is granted. The Order giving effect to this decision, with an operative date of the first full pay period to commence on or after 14 February 2006 is attached.
James P McAlpine Appearances: Date and place of hearing:
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