THE HORTICULTURAL (NURSERY) INDUSTRY AWARD

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES on the commission's own motion

CORAM Chief Commissioner A R Beech

DATE Tuesday, 31 March 2009

FILE NO/S APPL 20 OF 2009

CITATION NO. 2009 WAIRC 00154

Result Award varied

Representation No appearances

Order

WHEREAS on 11 February 2009 the Commission on its own motion created this application pursuant to s 40B of the Industrial Relations Act, 1979 (the Act) to vary the above Award;

AND WHEREAS the proposed variations are to ensure that the Award does not contain provisions that are obsolete or which need updating;

AND WHEREAS on 27 February 2009, the Commission advised the named parties to the Award and the persons mentioned in s 40B(2) of the Act, of its intention to vary the Award below and the scope of the variations;

AND WHEREAS on 27 February 2009 the Commission advised it would sit on 23 March 2009 to hear submissions from the parties;

AND WHEREAS on 23 March 2009 there were no appearances;

NOW THEREFORE, I the undersigned, pursuant to the powers conferred on me under s 40B of the Industrial Relations Act 1979, hereby order –

THAT The Horticultural (Nursery) Industry Award be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 31st day of March 2009.

Chief Commissioner A R Beech

SCHEDULE

1. Clause 2. - Arrangement:  Delete this clause and insert the following in lieu thereof:

2. - ARRANGEMENT

1. Title

2. Arrangement

3. Area and Scope

4. (deleted)

5. Wages

6. Location Allowance

7. Contract of Service

7A Notification of Change

7B Redundancy

8. Casual Employees

9. Part-Time Employees

10. Hours

11. Meal Period

12. Overtime

13. Sick Leave

14. Public Holidays and Annual Leave

15. Employment Records

16. Representative Interviewing Employees

17  Right of Entry

18. Supported Wage

19. First Aid

20. Long Service Leave

21. Bereavement Leave

22. Apprentices

23. General Provisions

24. Parental Leave

25. Superannuation

26. Definitions

27. Payment of Wages

28. Effect of 38 Hour Week

29. Award Modernisation/Enterprise Agreements

30. Training

31. Dispute Settlement Procedure

Appendix 1. - Make Up of Total Wage

Schedule A - Named Parties to the Award

Schedule B - (deleted)

Schedule B - (deleted)

2. Clause 4. - Term:  Delete this clause.

3. Clause 5. - Wages:  Delete subclause (1) of this clause and insert the following in lieu thereof:

 (1) Adult Employees

4. Schedule A - Named Parties to the Award:  Delete this Schedule and insert the following in lieu   

               thereof:

SCHEDULE A – NAMED PARTIES TO THE AWARD

The Australian Workers' Union, West Australian Branch, Industrial Union of Workers

Advanced Nursery

All Palms Nursery

Benara Nurseries

Bush Berry Farm

Dawson Garden Centres WA

Garden Harmony Vale Nurseries, Arlima Pty Ltd

Nursery Australia Pty Ltd

5. Schedule B - Respondents to the Award:  Delete this Schedule.

6. Schedule B - Parties to the Award:  Delete this Schedule.

7. Delete the words "DATED at Perth this 4th day of May, 1983."