T13935
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.32(7A) proceedings initiated by the Commission
Tasmanian Industrial Commission
(T13935 of 2012)
Review of Private Sector Awards
FULL BENCH:
PRESIDENT P L LEARY
DEPUTY PRESIDENT T J ABEY
COMMISSIONER B DEEGAN
HOBART, 23 July 2012
Review of Awards - Scope of Tasmanian State jurisdiction - ‘Private sector’ awards have no continuing application - No reasons exist to maintain awards that have no application – Order issued rescinding awards effective 23 July 2012
DECISION
[1] From 1 January, 2010, employers and employees in the Tasmanian Private Sector have been subject to the Commonwealth Fair Work Act, 2009 by agreement between the Commonwealth and State Governments to be part of a National industrial relations system.
[2] The passage of the Industrial Relations (Commonwealth Powers) Act 2009 (Tas) (“the Referral Act”) significantly reduced the scope of coverage of the State industrial system, which is now limited to the State public sector.
[3] Section 32(7A) of the Industrial Relations Act 1984 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.”
[4] The Tasmanian Industrial Commission (the Commission) informed the public by way of an advertisement placed in each of Tasmania's three daily newspapers on 16 June 2012 that as a consequence of the referral of private sector industrial relations to the Commonwealth certain named awards of the Commission are redundant and have no further application. The advertisement advised of the Commission’s intentions to rescind those named awards and invited any interested party or parties previously subject to any of the awards to make relevant submissions by close of business on 6 July 2012.
[5] In addition, and in similar vein, the Registrar on 15 June 2012 faxed a notice and a copy of the advertisement to the parties of all awards of the Commission and placed both the notice and a copy of the advertisement on the Commission’s website.
[6] The Commission subsequently received one written submission only. That submission was from the Tasmanian Chamber of Commerce and Industry Limited and supported the Commission’s intention to rescind the awards.
[7] We are satisfied that all awards as set out hereunder have no application to employees and employers within the jurisdiction of the Tasmanian State industrial system. We have decided that the awards generally perform no useful function and no reasons exist to maintain them. We exercise the Commission’s discretion in favour of rescission of all the awards.
ORDER
Pursuant to the provisions of Section 32(7A) of the Industrial Relations Act 1984 the Commission orders that the following awards be rescinded effective 23 July 2012:
Award No. Award Name
P022 Aerated Waters
P174 Architects Private Industry
P005 Automotive Industries
P187 Baking Industry
P007 Barristers and Solicitors
P009 Bootmakers
P010 Broadcasting and Television
P159 Building and Construction Industry
P011 Building Trades
P189 Business Services
P012 Butter and Cheesemakers
P014 Carriers
P167 Catholic Education
P154 Child Care and Childrens Services
P164 Clay and Mud Products
P018 Cleaning and Property Services
P165 Clerical and Administrative Employees (Private Sector)
P019 Clothing Industry
P175 Community Services
P021 Concrete Products
P022 Dairy Processing
P023 Dentists
P072 Disability Service Providers
P155 Draughting and Technical Employees (Private Industry)
P024 Electrical Engineers
P027 Entertainment
P028 Estate Agents
P003 Farming and Fruit Growing
P183 Fertiliser Industry
P030 Fibreglass and Plastics
P160 Fish, Aquaculture and Marine Products
P032 Fuel Merchants
P033 Furnishing Trades
P186 Group Training Industry
P035 Hairdressing, Health and Beauty Industry
P158 Health and Fitness Centres
P036 Horticulturists
P037 Hospitals
P038 Hotels, Resorts, Hospitality and Motels
P039 Ice Cream Makers
P192 Impact Fertilisers
P008 Independent Schools (Non-Teaching) Staff
P152 Independent Schools (Teachers) Tasmania
P040 Insurance
P041 Laundry and Dry Cleaning
P156 Leather, Canvas and Sheet Plastic Fabrication
P042 Licensed Clubs
P180 Meat Processing Industry
P044 Meat Retailing
P171 Medical Diagnostic Services (Private Sector)
P046 Medical Practitioners (Private Sector)
P173 Metal and Engineering Industry
P176 Metal and Engineering On-Site Construction Industry
P184 Metalliferous Mining and Processing
P139 Miscellaneous Workers
P191 Mobile Crane Hire
P048 Monumental Masons
P144 Musicians
P182 National Training Wage (Tasmanian Private Sector)
P170 Nursing Homes
P049 Optical Industries
P016 Photographic Industry
P168 Plant Nurseries
P051 Plumbers
P053 Printers
P054 Produce
P140 Professional Engineers and Scientists (Private Industry)
P055 Public Accountants
P056 Public Vehicles
P057 Quarrying and Lime Processing
P058 Restaurant Keepers
P178 Retail Pharmacy
P059 Retail Trades
P061 Rubber Trades
P062 Security Industry
P169 Shellfish Industry
P063 Shipbuilders
P064 Shipping
P190 Silviculture and Afforestation
P142 Surveyors (Private Industry)
P194 Tasmanian Information Technology Industry
P029 Temco Enterprise
P066 Textile
P067 Timber Merchants
P068 Totalizator Agency
P196 TOTE Tasmania Racecourse Award 2005
P161 Transport Workers General
P069 Vegetable Preservers
P070 Veterinary Services
P179 Wholesale Pharmaceutical
P191 Wholesale Plant Bakeries
P073 Wholesale Trades
P074 Wireworking
P025 Zinifex Hobart Smelter Enterprise
P162 Zinifex Rosebery (Mining)
P L Leary
President
<TIC012/2012>