T3596
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Confederation of Industries MEAT TRADES AWARD
Conditions of employment - hours of work, Saturday work, overtime REASONS FOR DECISION In accordance with Section 43 of the Industrial Relations Act, the Tasmanian Confederation of Industries (TCI) sought an interpretation of the Meat Trades Award relating to new rosters of work for employees engaged in the meat sections of supermarkets. Coles Supermarkets had endeavoured to institute a new roster system following a variation to the Hours Clause, Overtime Clause and Saturday Work Clause of the Meat Trades Award dated 24 September 1991. The Commission was informed that, at the request of the Australian Meat Industry Employees Union (the union), the employer had agreed to delay implementing the new rosters until the real intent of the consent variation had been determined. The TCI's application, lodged on 29 November 1991, sought that clarification by way of an interpretation. In the interim, however, an application to vary the provision in dispute had been lodged by the union (16 October 1991) and subsequently, after some preliminary hearings, referred to the Deputy President for determination. Proceedings in this matter commenced with submissions from the union requesting that I not proceed with the interpretation at that stage. The union was informed that the matter would commence and that it was in the interests of the union to play its part in the process. Mr. Swallow, for the union, declined so to do and took his leave. In the circumstances the TCI, through its representative, Mr. Edwards, provided the Commission with details outlining the proposed changes to the rosters and submitted that they were in accordance with the new award provisions. I was requested to interpret the award in a manner consistent with that adopted by the Company. Having heard those submissions I am satisfied that an interpretation of the words in the new provision is not the most appropriate course to follow. It would be preferable in my view to allow the issue to be resolved by way of the applications to vary the award which are currently before the Deputy President. In the circumstances I decline, at this stage, the request to declare how the award should be interpreted. The file will remain open pending the decision of the Deputy President.
F. D. Westwood Appearances: Date and Place of Hearing: |