T503
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This application to vary the Restaurant Keepers Award was lodged by the Federated Liquor and Allied Industries Employees' Union. The intention was to remedy perceived difficulties in interpretation of the wording of subclause (a), a subclause common to each "Hours of Work" provision in the four Divisions of the award. The current clause now reads as follows:
The Union submitted correspondence from the Department of Labour and Industry stating that problems were foreseen with the words "40 per week to be worked in 5 days or shifts of 8 hours". It could be construed, it was contended, that a person who is a permanent employee and work works over 5 days could be required to work more than 8 hours per day without payment of overtime. This would be regarded as part of the employee's ordinary 40 hours of work. Similarly an employee could be required to work on any one day less than 8 hours without being paid for a minimum of 8 hours. Mr Sherry's research indicated that the subclause was inserted into the award when a new clause was included as part of the Licensed Restaurant Section. This occurred in the early seventies when many provisions mirrored the federal Hotel and Retail Liquor Award. Until 1980 the wording in the other three Sections (now Divisions) was different. In 1980, as a result of a work-value case, the present clause was embodied in those Sections. However the problem was not picked up at that time. Mr Sherry submitted that having examined the federal Hotel and Retail Liquor Award and a number of other awards that have application in this type of industry, he was of the opinion that a very minor alteration consisting of insertion of the words "..in 5 days of 8 hours per day or shift" - in the subclause would rectify any potential problems. This would put beyond argument that any day or shift worked must be of 8 hours' duration. He cited as a precedent a matter recently dealt with by this Commission relating to the Aerated Waters Award1 which involved correction of the meal allowance provision. This was a similar type of problem in which it had been accepted that a correction should be made under Principle 11 of the guidelines. In supporting Mr Sherry's application to vary the subclause Mr Sertori for the Tasmanian Chamber of Industries agreed that it was the intention of both parties to the award that the ordinary hours of work may be performed on any day of the week, but may not be worked in periods of less than or more than 8 hours per day. Both parties agreed the operative date should be from the date of decision. The Commission was assured the proposed variation would not incur any additional cost to the industry. Decision: The award will be varied as requested by deleting subclause (a) from Clause 18 "Hours of Work" (Division A), Clause 38 "Hours of Work" (Division B), Clause 43 "Hours of Work" (Division C), and Clause 49 "Hours of Work" (Division D), and in each case inserting in lieu thereof the following new subclause:
The variation shall have effect from the date of this decision.
L A Koerbin 13 October 1986 | ||||||||||||||||||||||||||||||||||||||||