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Tasmanian Industrial Commission

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T1112, T1113 and T1114

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1112, T.1113, T.1114 of 1988 IN THE MATTER OF APPLICATIONS BY THE FEDERATED LIQUOR AND ALLIED EMPLOYEES' UNION OF AUSTRALIA, TASMANIAN BRANCH, TO VARY THE RESTAURANT KEEPERS AWARD, THE HOTEL AND MOTEL KEEPERS AWARD AND THE LICENSED CLUBS AWARD RESPECTIVELY
   
  RE: INSERTION OF TRAINEESHIP PROVISIONS
   
PRESIDENT 15 MARCH 1989
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For the Federated Liquor and Allied
Industries Employees' Union of
Australia, Tasmanian Branch
- Mr R Hogan
   
For the Tasmanian Confederation
of Industries
- Mr K Brotherson
  with Mr R Murray
   
DATE AND PLACE OF HEARING:  
   
2.03.89                        Hobart  
   
   

These matters have been before the Commission in one form or another for a period in excess of 12 months. The reason why these files have not been completed before this is inexplicable. However, resumption occurred at the request of the Federated Liquor and Allied Employees' Union of Australia, Tasmanian Branch, on 2 March 1989. On that day the principal advocate for the union did not enter an appearance. Nevertheless the union was represented by Mr. Hogan who clearly had no precise instructions regarding the substance of the matters falling for decision.

No relayed apology or explanation for his non appearance was forwarded or transmitted by the principal advocate. The only explanation offered by Mr. Hogan was that Mr. Sherry was somewhere on the Mainland.

Mr. Brotherson, for the Tasmanian Confederation of Industries, submitted certain draft orders which, on examination, appeared to broadly conform with an earlier finding on the merits of the issue published on 22 July 1988, and subsequently clarified by letter dated 19 September 1988.

As Mr. Hogan was not instructed on the form of the order to be made, I adjourned proceedings at his request. In addressing Mr. Brotherson, I said:

"...if I'm not advised within 7 days of the acceptance or otherwise of these rates that you've put forward, I will vary the award and include them with effect from the date of variation. I think that is the least that I can do in the circumstances, having regard for the time that has elapsed; the fact that your organisation has made a genuine attempt to resolve this matter, and bearing in mind the fact that Mr. Sherry requested this hearing today, and hasn't had the courtesy to explain why he's unable to proceed."

As no contact has been forthcoming from the union since that announcement, the award will be varied with effect from the first pay period commencing on or after today's date. No order will be made in relation to the Motels section of the Hotel and Motel Keepers Award. This was referred to in the July decision.

 

L. A Koerbin
PRESIDENT