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Tasmanian Industrial Commission
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Industrial Relations Act 1984
s.32(7A) proceedings initiated by the Commission

Tasmanian Industrial Commission
(T13935 of 2012)

Review of Private Sector Awards

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


[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.


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