TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Automotive, Food, Metals, Engineering,
FISH, AQUACULTURE AND MARINE PRODUCTS AWARD
Award variation - variation of Holidays with Pay clause - to include Anzac Day when it falls on a weekend - application approved - consent order issued operative ffpp 5.2.99
REASONS FOR DECISION
The application was lodged by the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union to vary the Holidays with Pay clause of the Fish Aquaculture and Marine Products Award to ensure that when Anzac Day falls on a weekend it will be regarded as a public holiday and paid as a holiday with pay.
The matter came before the President for hearing on 2 July 1998, and after hearing preliminary submissions from the parties, he formed the view, recorded in his decision of 26 August 1998, that the matter should be referred to a Full Bench as a special case in accordance with Principle 13 of the Wage Fixing Principles - Making and Varying an Award Above or Below the Safety Net.
The application then came before this Full Bench on 10 December 1998. After presenting opening submissions the parties requested that the hearing be adjourned to enable the employer organisation to seek advice from its members as to the custom and practice in the industry and to pursue the possibility of reaching an agreed position on the matter.
When the hearing resumed on 5 February 1999, the parties reported that an agreed position had been achieved and a draft consent order was tendered.
It was submitted that the order ensured that the Anzac Day holiday would be observed as a paid holiday on the day on which it fell, including Saturdays and Sundays. Mr Baker submitted that the variation was consistent with the wage fixing principles of the Commission.
We are satisfied that the proposed consent variation does not conflict with the principles and has no adverse public interest features. The variation to this award does not extend the number of paid public holidays prescribed by awards generally and will not lead to claims for adjustment to any other award, other than, it was mooted, to the Shellfish Industry Award which is the only other award of this Commission with a similarly worded Holidays with Pay provision.
In the circumstances the consent draft order is approved, operative, it was agreed, from the first full pay period to commence on or after 5 February 1999. The appropriate order is attached.
F D Westwood
Date and place of hearing: